[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.
A.
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:
(1)
Sells any goods or services from a fixed location in
the township where the business is conducted directly from a fixed location.
(2)
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.
B.
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.
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.
C.
A statement that the applicant is not indebted or obligated in
any manner to the township except for current taxes.
D.
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.
E.
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.
A.
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]
B.
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.
C.
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:
A.
Permit reasonable inspections to be made of his premises
by appropriate township officials.
B.
Permit access to the licensed premises at all reasonable
times for the purpose of inspection.
C.
Avoid all prohibited, improper, unlawful or unnecessary
practices or conditions which do or may adversely affect public health, morals
or welfare.
D.
Post and maintain his license on the licensed premises
in a place where it may readily be seen at all times.
E.
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.
