The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any person, firm, corporation, association, partnership,
executor, administrator, trustee or other legal entity, singular or
plural, as the context requires, or any agent or general manager thereof.
The statistically determined level of criminal activity at
any business location in the City during the immediately preceding
twelve-month period. A CRT will be established for each of two categories
of criminal activity on the properties of the business surveyed based
on the Part 1 and Part 2 crimes listed in the definition of the term
"criminal activity" below that have occurred on such properties.
[Added 11-21-2017 by Ord.
No. 17-73]
[Added 11-21-2017 by Ord. No. 17-73]
The commission of one or more of the following crimes listed
in the categories designated as Part 1 and Part 2 crimes by the Federal
Bureau of Investigation's Uniform Crime Report ("UCR") that result
in the preparation of an offense report by the Police Department,
namely:
The following UCR crimes shall not be deemed criminal activity
under this article: suicide, all offenses involving domestic violence,
forgery and counterfeiting, fraud, embezzlement, stolen property (buying,
receiving or possessing), crimes against family and children, driving
while intoxicated, violation of alcoholic beverage laws, and vagrancy.
The on-site assessment by any City official and/or officers
of the Police Department of the physical, operational and on-site
measures in effect on the property that might be determined a nuisance
and/or affect the level of criminal activity, to determine the remedial
measures deemed most appropriate to reduce criminal activity at such
property.
[Added 11-21-2017 by Ord.
No. 17-73]
The person appointed or hired by the owner to be responsible
for the daily operations of the business.
[Added 11-21-2017 by Ord.
No. 17-73]
Any goods, wares or commodities bought or sold in the usual
course of trade or business.
Any person engaged in the business of selling merchandise
at retail or wholesale.
A notice issued by an official of the City of Trenton advising
a business of a violation of this chapter and the penalty therefor.
Any matter, thing, condition or act which is or may become
an annoyance, detrimental, a menace or interfere with the health,
comfort, safety or general well-being of the inhabitants of this municipality.
[Added 11-21-2017 by Ord.
No. 17-73]
Reasonable actions to be taken or implemented on the property,
including but not limited to property improvements (fencing, lighting,
controlled access, etc.); operational practices [presence of on-site
personnel licensed under the Security Officer Registration Act, P.L.
2004, c. 134, or certified police officer(s)]; and other remedial
measures that have proven effective in reducing criminal activity.
[Added 11-21-2017 by Ord.
No. 17-73]
Any merchant who sells to the customer or for any purpose
other than resale.
The transfer of ownership, title or possession, whether conditional
or otherwise, for a consideration.
Any merchant who sells to another for the purpose of resale.
A license is required for the privilege of engaging in any business listed in § 146-20 within the City. Such license fee shall be applicable to any business maintaining a permanent business location or branch office within the City.
Every business engaging in any activity described herein in
the City, before entering in any such business, shall make application
for a business license to the City Clerk, and no business shall engage
in any such business until after having made such application and
obtaining the required license from the City Clerk and paying the
amount of the license hereinafter described.
Evidence of engaging in business: the fact that any business
represents itself as being engaged in any operation for the transaction
of which a license is required, or that such a business exhibited
a sign or advertisement indicating such shall be evidence of strict
liability of such business to pay an license fee and/or penalties
as set forth herein.
An application as supplied by the City Clerk must be completed.
As a prerequisite to receiving a license receipt under this article
or transferring a business license, the applicant or new owner must
present to the City a copy of the applicant's or new owner's current
business registration, issued by the Division of Taxation of the New
Jersey Department of Treasury.
All businesses lawfully engaged in any occupation, trade or business listed in § 146-20 and holding valid state and county licenses shall be subject to the same regulations by this chapter as are any other persons who subsequently seek to carry on any occupation, trade or business within the City.
The City Clerk is authorized to levy and impose license fees,
by ordinance, for the purpose of regulation and revenue, upon all
businesses and to create and fix the amounts to be paid; to provide
for the collection of the same and to provide penalties for failure
or refusal to pay such licenses. Business licenses shall be issued
for the periods and be transferable as provided by ordinance.
It is hereby made the duty of the City Clerk to appoint a license
inspector of the City. Such license inspector shall have the authority
to investigate all businesses in the City. The inspector shall make
such inquiry as necessary to determine whether or not a license as
required under this chapter has been procured for the business. The
inspector shall report to the City Clerk the names of all entities
engaged in business without a license. The license inspector shall
also have the authority to issue a notice of violation for the violation
of any provision of this chapter.
[Amended 11-21-2017 by Ord. No. 17-73]
A.
No license
shall be issued or granted to any applicant to engage in the business
of selling or disposing of merchandise of any kind, at retail or wholesale,
or the practice or pursuit of any profession or occupation in this
City, except upon the terms and conditions and subject to the provisions
of this chapter.
B.
Responsibilities of owners and operators.
(1)
The owner of any premises within the City which is primarily and regularly devoted to the uses described in § 146-20 shall be responsible for any person having dominion or control of the premises in the absence of the owner, to ensure compliance with the licensing and other provisions of this chapter.
(2)
It shall be the further obligation of the owner to have available
on the premises an adult person who shall be the representative of
the licensee and who shall be responsible to correct or abate any
and all violations of this chapter or any breach of the peace in cooperation
with the officers and agents of the City. In the event of any violation
of this chapter, the owner and/or other person having tenancy, dominion
or control over such premises at the time of the occurrence of the
violation shall be subject to the penalties prescribed herein.
C.
Conduct of premises; nuisances. No person, owner, tenant or occupant shall conduct any licensed premises in such a way as to create a nuisance, or to allow the existence of a nuisance, to the detriment of the peace and tranquility of the neighborhood by allowing, permitting or suffering on or about the premises, including any sidewalk area, and other portions of the licensed premises immediately adjacent to, and a part of, the property for which the license has been issued, any loud, disorderly or unlawful behavior of any invitee or patron or other person whether or not specifically invited to occupy or visit the premises licensed. It shall be the responsibility of the person described in § 146-9B(2) hereof to take reasonable action to maintain the peace and tranquility of the neighborhood in which the licensed premises is situated by actively abating and removing any such conduct. Any and all complaints of criminal activity, noise or nuisances of any sort registered by any person with the police or the City Clerk shall be processed and used to establish a criminal risk threshold (CRT) subjecting the licensee to inspection for license disciplinary hearings, which could result in the implementation of remedial measures, suspension or revocation of the license pursuant to the procedures set forth in Chapter 146, Licensing.
Prior to receiving a license under this article or transferring
a business license, the applicant or new owner must present to the
City Clerk proof of property taxes paid to current status if said
applicant is the owner of said premises where the business is situated.
In addition, any licensee considered delinquent or to have an outstanding
fee and/or fine for any service within the City shall be required
to pay all outstanding fees prior to renewal of license.
A.
Where multiple licenses are issued for the same business location,
the City Clerk shall ascertain which license holder is responsible
for maintaining the business premises in complete compliance with
all applicable codes and regulations, including, but not limited to,
the City property maintenance, health code, fire code, and the state
building code. The Clerk shall cause such responsible person to be
designated on that person's license as the responsible person for
code compliance.
B.
On any application for a new license there shall be an application
review fee imposed and collected at the time of the application's
submittal to the City Clerk for review. This fee shall be in the amount
of $15 and shall be separate and apart from any code compliance review
and inspection fees as set forth below.
C.
No license required by this article shall be issued for a business
location when the Director of Health, Planning, Zoning, Economic Development
and/or the Chief Building Official has actual knowledge that at the
time of application the location does not comply with the applicable
zoning ordinances of the City and all other applicable codes and regulations,
applicable provisions in the health, electrical, mechanical, plumbing,
and fire safety sections of the applicable New Jersey Building Code,
the City's utilities ordinances, the City's zoning ordinances, or
the City's property maintenance ordinances.
D.
Businesses shall be subject to code compliance reviews during the
course of the year to help ensure that they continue to satisfy applicable
provisions in the health, electrical, plumbing, mechanical, and fire
safety sections of the applicable state building code, the City's
utilities ordinances, the City's zoning ordinances, and the City's
property maintenance ordinances. This code compliance review shall
be mandatorily conducted when a new or transfer license is applied
for. A code compliance review of a business may be ordered by the
Director of Planning, Zoning and Economic Development at any time.
E.
There shall be imposed a regulatory fee for each premises that requires
a re-inspection during code compliance review. The fee shall be equal
to the sum of the re-inspection costs for each type of inspection
determined to be necessary; where no other code compliance inspection
fee for such discipline is set, then each individual re-inspection
will be charged a rate of $45 per discipline and inspection. Failure
to pay all fees charged shall result in an automatic denial of renewal
upon application.
F.
In order to be granted a business license for the operation of any
state-licensed medical marijuana facility within the City of Trenton,
the following conditions must be satisfied:
[Added 10-18-2018 by Ord.
No. 18-48]
(1)
Completion of all forms, checklists, and other submissions as may
be required by the City Clerk's office;
(2)
Payment of all applicable local fees, including inspection and licensing
fees;
(3)
Demonstration that all applicable state licenses have been obtained;
(4)
Passage of all applicable state and local inspections required to
be completed prior to the beginning of operations and/or renewal of
any state and/or local license;
(5)
Emergency contact information to be utilized by police, fire, and
EMT personnel in the event of an on-site emergency; and
(6)
Submission of a full copy of the application for state licensure,
via hard copy or digitally, with pages prominently marked "CONFIDENTIAL"
as appropriate for purposes of compliance with New Jersey's Open Public
Records Act. (Note: Pages not marked as confidential will be disclosed
in response to an applicable OPRA request.)
A.
All licenses issued under this article shall expire on the 31st day
of January of each year. No license shall be issued for more than
one year. Any owner of a license must surrender his or her license
to the City Clerk when he or she ceases to engage in such enterprise
within the City.
B.
All licenses may be transferred to a new owner where there is a bona
fide sale of the business upon payment of a transfer fee of equal
to 10% of the annual license. Such fee shall be accompanied by the
presentation of the original license and evidence of the sale.
C.
Upon written request and presentation of the original license, any
license may be transferred from one location to another location in
the City upon payment of a transfer fee equal to 10% of the annual
license and the applicable inspection fees.
A.
Every business issued a license under this article shall make application for renewal of such license to the City Clerk for each year, or any portion thereof, beginning on the first day of December, and shall pay the amount of the license hereinafter described; provided, however, that no such business operating in the City that maintains or is responsible for maintaining the property of such business shall be eligible for renewal of such license unless the property has been maintained in a neat manner consistent with applicable commercial building requirements of the City of Trenton Code Chapter 56. The property shall be clear of all debris with the proper trash receptacles on the exterior of the building; signage must be maintained in accordance with City of Trenton Code Chapter 233 and clearly state the name of the business. No storefront shall be cluttered as to obscure the signage, to hinder access to the business or a clear line of site into the premises. No business shall operate in such a manner to prohibit right of access on the adjacent sidewalk.
B.
Any business that is denied the issuance of a renewal license for failure to comply with the requirements in Subsection A above shall have a thirty-day extension period from the date of such denial to replace or restore the property to an acceptable manner. During the thirty-day extension period granted to allow compliance with this section, such business may continue to operate in the City.
C.
The business license official or designee shall determine whether
or not any applicant has complied with the requirements of this section.
The determination of the business license official or designee shall
be conclusive and final.
D.
The business license official may for good cause shown allow an applicant
two additional thirty-day extension periods on the previously issued
license, in order to comply with the requirements of this section.
E.
Each applicant shall pay an additional fee of 1/12 the applicant's
annual license fee for each thirty-day extension period, or any portion
thereof, needed to comply with the provisions of this section.
F.
The failure of any applicant to obtain the renewal of such license
within the thirty-day extension period provided after an initial denial
thereof under the provisions of this section, or within such additional
thirty-day extension periods as may be granted by the business license
official, shall require such applicant to immediately cease engaging
in or managing his or her business, profession or occupation in the
City until such time as his or her license is renewed.
An individual license shall be required for each location of
a business operating in the City regardless of affiliation with any
other licensee.
Every business having a license shall exhibit same when called
upon to do so by an authorized official of the City, and all licenses
must be conspicuously displayed at all times. Failure to exhibit the
license shall be deemed a violation of this chapter.
