The purpose of this article is to provide a uniform set of procedures for administering the issuance, renewal and revocation of all licenses issued by the Township, except alcoholic beverage, dog and taxicab licenses, and except as may be provided elsewhere in the Code of the Township of Freehold.
[Adopted by Ord. No. 15 (§ 7-1 of the Revised General Ordinances), as amended through Ord. No. O-98-20]
All applications for licenses shall be accompanied by the required fee and shall be made to or through the Township Clerk upon forms provided by him. Applications shall contain the information specified by resolution of the Township Committee and may include the following along with any other information deemed necessary or specifically called for by ordinance:
A.
Name and permanent and local address of the applicant. If the applicant is a corporation, the name and address of its registered agent.
B.
If the licensed activity is to be carried on at a fixed location, the address and description of the premises.
C.
If a vehicle is to be used, its description including the license number.
D.
If the applicant is employed by another, the name and address of the employer, together with credentials establishing the exact relationship.
E.
The days of the week and the hours of the day during which the licensed activity will be conducted.
F.
A description of the nature of the business and the goods, property or services to be sold or supplied.
G.
A statement as to whether the applicant has been convicted of any crime or the violation of any municipal ordinance other than traffic offenses and, if so, the date and place of conviction, the nature of the offense, and the punishment or penalty imposed.
H.
Appropriate evidence as to the good character and business responsibility of the applicant so that an investigator may properly evaluate his character and responsibility.
I.
Applications by partnerships shall be signed by all partners with the information required by this subsection supplied in detail as to each partner, and applications of corporations shall have attached individual statements containing all of the information required by this subsection relating to each employee or agent who shall engage in the licensed activity, and shall be signed by each employee or agent.
[Amended 7-10-2007 by Ord. No. O-07-20]
A.
Each applicant for a license shall secure through a private agency a criminal history background check, conducted not more than 14 days prior to the filing of the application. Such criminal history background check must be submitted (as part of the application) directly from the private agency to the Chief of Police. The criminal history background check shall be in sufficient detail and scope to reveal any criminal history recorded with the State Bureau of Identification or with the Federal Bureau of Investigation and to allow the Chief of Police to reach an informed decision as required below.
B.
Each application shall be referred to the Chief of Police, who shall immediately institute whatever investigation of the applicant’s business responsibility, moral character and ability to properly conduct the licensed activity he considers necessary for the protection of the public. He shall communicate his findings to the Township Clerk within a reasonable time after the application has been filed. If the investigator decides that the applicant’s character, ability or business responsibility is unsatisfactory, or the products, services or activity are not free from fraud, he shall disapprove the application, and the Clerk shall refuse to issue the license and shall so notify the applicant. Otherwise, the Township Clerk shall issue the license immediately, provided the required license fees have been paid, except in cases where approval of the Township Committee is required. In the event of the refusal of the issuance of a license, the applicant may appeal to the Township Committee for hearing. The appeal must be filed, in writing, with the Township Clerk within 14 days after notification of the refusal. The Township Committee shall hold its hearing within a reasonable time but not later than 30 days thereafter, and its decision shall be final.
[Amended 11-20-2012 by Ord. No. O-12-21]
Licenses shall be in a form which the Township Committee shall prescribe by resolution, and shall contain the following information:
A.
The name and address of the licensee.
B.
The number and type of the license and the nature of the licensed activity.
C.
The address at which the licensed activity is conducted, if the activity is carried on at a fixed location.
D.
If the licensed activity is conducted from a vehicle, the make, model and license number of the vehicle.
E.
The expiration date of the license.
F.
Any other appropriate information which the Township Committee may require by resolution.
The Township Clerk shall keep a record of all licenses issued under this chapter. The record shall be in a form prescribed by resolution of the Township Committee and shall contain the same information as is required by § 195-4 to be contained in the license. It shall also indicate the amount of the fee paid for the license, the date upon which payment was received, the date of the issuance of the license, whether the license is a new license or a renewal, and any other information which the Township Committee may require.
When the licensed activity is conducted at a fixed location or from a vehicle, the license shall be prominently displayed at the location or on the vehicle. In all other cases the licensee shall have the license in his possession at all times and shall display it upon the request of any Township official, police officer or any person with whom he is doing business.
Licenses shall apply only to the person to whom issued and only to the premises and location stated in the application. A separate license must be obtained for each employee and each separate place of business. License may be transferred only by special permission of the Township.
Except where expressly provided otherwise, all licenses shall expire on December 31, of the year of issue at 12:00 midnight. Applications for the renewal of licenses shall be made not later than December 1 of the year of previous issue.
A.
Any license or permit issued by the Township may be revoked by the Township Committee after notice and a hearing for any of the following causes:
(1)
Fraud or misrepresentation in any application for a permit or license.
(2)
Fraud, misrepresentation or other dishonesty in the conduct of the licensed activity.
(3)
A violation of any provision of the Code of the Township of Freehold.
(4)
Conviction of the licensee for any felony or high misdemeanor or a misdemeanor or disorderly person's offense involving moral turpitude.
(5)
Conduct of the licensed activity whether by the licensee himself or his agents or employees in an unlawful manner or in a manner that constitutes a breach of the peace or a menace to the public health, safety or general welfare.
B.
Whenever a license has been issued immediately upon an application, pending the results of the investigation provided for by this chapter, such license may be summarily revoked if the result of the investigation is such as would have resulted in denial of the application.
Notice of a hearing for the revocation of a license or permit shall be given in writing by the Township Clerk. The notice shall specifically set forth the grounds upon which the proposed revocation is based and the time and place of the hearing. It shall be served by mailing a copy to the licensee at his last known address by certified mail, return receipt requested, at least five days prior to the date set for the hearing.
At the hearing the licensee shall have the right to appear and be heard, to be represented by an attorney, to present witnesses in his own behalf, to cross-examine opposing witnesses and to have a permanent record made of the proceedings at his own expense. If a record is made and a copy is requested by the licensee, the licensee shall provide a copy to the Township without charge. The Township Committee shall revoke or suspend the license if it is satisfied by a preponderance of the evidence that the licensee is guilty of the acts charged.
The Township Committee may issue another license to a person whose license has been revoked or denied as provided in this article if after hearing it is satisfied by clear and convincing evidence that the acts which led to the revocation or denial will not occur again; otherwise, no person whose license has been revoked or denied, nor any person acting for him, directly or indirectly, shall be issued another license to carry on the same activity.
The Township Committee may by resolution make rules and regulations which interpret or amplify any provision of this chapter or for the purpose of administering the provisions of this chapter or making them more effective. No regulation shall be inconsistent with or alter or amend any provision of this chapter, and no regulation shall impose any requirement which is in addition to or greater than the requirements that are expressly or by implication imposed by any provision of this chapter.
[Amended 1-29-2013 by Ord. No. O-13-3; 5-31-2016 by Ord. No. O-16-5]
Whenever application is made for issuance, renewal or approval of any license or permit, whether under this chapter or any other provision of the Code of the Township of Freehold, which license or permit relates to any real property within the Township, the license or permit shall issue or be approved only upon condition that any and all delinquent property taxes or assessments on the property where the business or activity is to be conducted are paid in full, unless otherwise approved by the Township Committee. In the event that subsequent to the issuance or approval of any such license or permit the property taxes or assessments shall fall delinquent for three or more consecutive quarters, such license or permit shall be suspended. Upon payment of the delinquent taxes or assessments and a restoration fee equal to 50% of the application fee, the license or permit shall be restored. This provision shall not apply to an alcoholic beverage control license, a food handler's license or to a building permit or certificate of occupancy.