[HISTORY: Adopted by the Mayor and Council of the Borough of Folsom 9-18-2003 by Ord. No. 7-2003. Amendments noted where applicable.]
Peddling and soliciting — See Ch. 147.
Editor's Note: Section 13 of this ordinance stated that all businesses shall have until 3-31-2004 to obtain an initial license.
This chapter shall be entitled "Mercantile License."
The purpose and intent of this chapter is to establish a mercantile license requirement for the public health, safety and welfare of the Borough of Folsom, through the regulation of businesses operating within the Borough.
It shall be unlawful for anyone to engage in or carry on any business within the Borough of Folsom without having first complied with the provisions of this chapter by obtaining a license as provided herein. For purposes of this chapter, a "business" shall include any commerce, manufacturing or service of a profit-seeking enterprise or concern, with the exception of those businesses, trades, callings and vocations for which licenses or certificates have been issued by any department, board, commission or other agency of the State of New Jersey. Nothing in this chapter shall apply to or require the obtaining of a license by any charitable or religious society or benevolent association not for profit.
Applications for all licenses required by this chapter shall be made in writing to the Borough Clerk/Municipal Administrator. Each application shall contain the following information:
The name and address of the applicant and, if a corporation, partnership or other business entity, the names and addresses of the officers, partners or other principals;
The name under which the business is to be conducted and the address at which business is to be conducted;
The specific nature of the business;
The residence of the applicant or, if applicable, its principals during the past five years;
Whether or not the applicant or, if applicable, its principals has ever had a license to conduct the same or a similar business denied or revoked. If such license has been previously denied or revoked, the applicant shall set forth in detail the facts leading to such denial or revocation;
The details of any conviction of crimes of the first, second, or third degree, the date of the conviction and the place where said conviction was obtained;
The business telephone number of the applicant and a home telephone number or numbers where someone may be contacted in the event of an emergency;
If a corporation, partnership or other business entity, the name and address of the registered agent or other contact.
The application shall contain a certification that the statements made in connection with the application are true and that the applicant makes such statements to induce the Borough to issue a license covering the applicant's business and that the applicant agrees to comply with all laws and ordinances of the Borough applicable to such business.
The Borough Clerk/Municipal Administrator is authorized to prepare and adopt appropriate forms to be utilized to carry out this chapter.
All licenses shall terminate and expire the 31st day of December of each year. However, licenses initially issued during the year 2003 shall not expire until December 31, 2004.
All licenses shall be renewed by March 31 following such termination.
No license shall be issued for the conduct of any business if the business, including the premises and building to be used for the business, do not fully comply with the requirements of the Borough. Further, it shall be a condition of any license that the business be used and operated only for lawful purposes. In no event shall a license be issued nor shall a license be renewed if the applicant is the owner of the real estate upon which the business is to be conducted and there are any property taxes, assessments or any other fees due to the Borough.
An annual fee of $35 shall be paid to the Borough. An additional fee of $20 shall be paid for any application submitted after March 31.
Any person violating any of the provisions of this chapter shall, upon conviction in the Municipal Court, be punished for each offense by a fine of not less than $100, nor more than $1,250, or imprisonment for up to 90 days, or a period of community service not exceeding 90 days, or any combination thereof. In addition, any license issued under this chapter may be revoked by the Borough Council after due notice and opportunity to be heard for any violation of any provision of this chapter.
Any license may be revoked by the Borough Council after notice and a hearing for any of the following causes:
Fraud or misrepresentation in the application for a license;
Fraud, misrepresentation or other dishonesty in the conduct of the business;
A violation of any provision of this chapter;
Conduct of the business, 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.