[HISTORY: Adopted by the Township Committee of the Township of Westampton 3-20-1989 by Ord. No. 6-1989. Amendments noted where applicable.]
No person shall either directly or indirectly conduct any business as defined in this section in the township unless he has obtained a mercantile license.
For the purposes of this section, any person shall be deemed to be engaged in a business and subject to the provisions of this section when he does either or both of the following acts:
Sells any goods or services from a fixed location in the township where the business is conducted directly from a fixed location.
Solicits business or offers goods or services for sale or for hire from a fixed location in the township where the business is conducted directly from the fixed location.
The word "person," as used in this chapter, shall include entities as well as individuals.
[Amended 9-21-1992 by Ord. No. 10-1992]
Any person required to procure a merchantile license under the provisions of this chapter shall submit an application to the Township Clerk/Administrator accompanied by the required fee. The application shall be on a form provided by the Clerk and shall contain the following:
A statement as to whether there has been any previous revocation or suspension of any license issued to the applicant by the township and the reasons therefore.
A statement that the applicant is not indebted or obligated in any manner to the township except for current taxes.
The name of the person or entity who will operate the business and to whom the license is to be issued; if it is a sole proprietorship, the name, address and home phone number of the owner and any other person to be notified in event of an emergency; if the tntity is a partnership, the name and adddress of all general partners; if a corporation, the name and address of local officers and/or managers; and for both corporations and partnerships, the name, address and number of the individual to be notified in event of an emergency.
The address and description of the premises at which the business is to be carried on and the name and address of the owners of the premises, if the applicant is a tenant and not the owner.
The annual fee for a mercantile license shall be $50. Upon transfer of the location of the licensed business to a new location within the township, a license may be transferred within its current term on amendment of the information contained in the application for license and payment of a transfer fee of $15.
[Amended 5-27-2008 by Ord. No. 5-2008]
All license fees shall be paid in advance to the township, and the annual fee shall be based upon a fiscal year and shall be prorated on a quarterly basis.
Mercantile licenses shall be renewed annually on or before July 1 of each year by submitting a renewal application along with the requisite annual fee.
Except as set forth in § 152-3 above, mercantile licenses shall be nontransferable and nonassignable.
Upon submission of the application and required fee to the Township Clerk, the township shall cause an investigation to be made as to the information supplied in the application. If a license is not granted, the Clerk shall advise the applicant, in writing, within 30 days after the filing of the application. If approved, the license shall be issued by the township. If disapproved, the fee shall be returned, and the applicant shall have 10 days from receipt of the notice of disapproval to appeal to the Township Committee. The Committee shall render a decision as to the accuracy of the facts set forth in the application no later than 30 days after the date of the taking of the appeal, after giving the applicant notice and an opportunity to be heard.
The holder of a mercantile license shall:
Permit reasonable inspections to be made of his premises by appropriate township officials.
Permit access to the licensed premises at all reasonable times for the purpose of inspection.
Avoid all prohibited, improper, unlawful or unnecessary practices or conditions which do or may adversely affect public health, morals or welfare.
Post and maintain his license on the licensed premises in a place where it may readily be seen at all times.
Maintain all permits and licenses required by any law or regulation.
The Township Committee may authorize the issuance of special permits without the payment of the mercantile license fee to any public, charitable, educational, literary, fraternal or religious organization for the conduct or operation of a temporary nonprofit enterprise of a public, charitable, educational, literary, fraternal or religious nature. However, applicants shall submit the usual application form in the manner provided and, if such permit is granted, shall observe all other requirements of this chapter.
The provisions of this chapter shall not apply to:
Any person, partnership, corporation or other entity violating any of the provisions of this chapter shall be subject to a fine not exceeding $500 or imprisonment in the county jail for a term not exceeding 90 days, or both, in the discretion of the Judge before whom such conviction shall be had. Each and every violation under this chapter or each day that any provision of this chapter shall have been violated shall be construed as a separate and distinctive offense thereunder.