Township of Hamilton, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Hamilton as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 99.
Outdoor assemblies — See Ch. 108.
Autocabs — See Ch. 111.
Canvassers, peddlers and solicitors — See Ch. 137.
Garage sales — See Ch. 180.
Junkyards — See Ch. 199.
Recreation areas and amusement centers — See Ch. 243.
Outdoor sporting events — See Ch. 261.
Trailers and trailer camps — See Ch. 279.
[Adopted 3-7-1988 by Ord. No. 965-88]

§ 124-1 Definitions.

For purposes of this article, the following terms shall have the meanings indicated:
BUSINESS
Includes businesses, trades, callings, vocations and operations of any kind for profit, other than those specifically excluded from regulation by state statute or case law of the State of New Jersey. The word "business" shall, for purposes of this article, also be deemed to specifically exclude any said business, trade, calling, vocation or operation not maintained and/or operated for profit.
PERSON
Includes individuals, firms, copartnerships, corporations or any combination thereof.

§ 124-2 License required.

No person or persons, firm, corporation or partnership shall engage in or carry on any business in the Township of Hamilton nor aid nor assist as employees, clerks or otherwise in carrying on such business or in using any wagon, vehicle, stand, store or other place or thing nor sell or offer for sale any goods or things for which a license is required by the terms of this article unless a license as herein provided for shall have been first obtained therefor.

§ 124-3 Application; conditions.

A. 
Application for a license shall be made to the Township Clerk of the Township of Hamilton. No license shall be granted until an application, to be supplied by the township, has been properly completed and executed and payment for said license, as required, shall have been made in full.
B. 
Every license shall specify the person to whom it shall be issued, the business for which it is granted, including a complete description of the proposed business, and the location on which said business is to be carried on. In the event that the applicant is a corporation, the applicant shall submit a copy of its certificate of incorporation, the names and addresses of each person owning 10% or more of the shares of stock issued by said corporation, specifying the office held by each person, together with the name and address of the registered agent for said corporation. In the event that the applicant is a partnership, then and in such event the applicant shall supply the township with the name and address of each partner, general or limited, having at least a ten-percent interest in said partnership.
C. 
Each application shall further contain a telephone number at the location of the business or, if no phone is located at the business, the telephone number where an authorized principal of the business may be contacted. Additionally, two emergency phone numbers shall also be furnished.
D. 
Each corporation shall furnish a federal identification number; each partnership shall furnish the social security numbers and/or federal identification numbers of the partners, as applicable; and each sole proprietorship shall furnish the social security number of the proprietor.
E. 
It shall be a condition of the issuance of any and all licenses under the provisions of this article that said business shall be used and operated only for lawful purposes and not in violation of the Zoning Ordinance[1] or other ordinances of the Township of Hamilton or in violation of any county, state or federal statutes or regulations.
[1]
Editor's Note: See Ch. 203, Land Use and Development located in the Land Use volume.
F. 
Each applicant shall indicate whether the business shall in any manner be involved in the handling, storing, sale or lease of any hazardous and/or explosive materials, itemizing within the application the particular materials involved.
G. 
It shall be grounds to deny a license if the person applying for said license (as the term "person" is defined herein) has been convicted of an offense under the criminal statutes of the United States, the State of New Jersey or any other state if said offense is related to the specific type of business operation or activity for which the license hereunder is sought and if the nature of this conviction substantially affects the public safety or convenience.
H. 
All businesses shall first make application to the Township Clerk or such other designee of the Township Committee, who shall forward his or her findings, with his or her recommendations, to the Township Committee, which body shall decide to grant or deny the license applied for hereunder.
I. 
A certification from the Township Tax Collector's office that the taxes are current on the property from which the business is to be conducted is required, except in the case of businesses being operated at premises leased in a mall.
[Added 6-4-2007 by Ord. No. 1597-2007]
J. 
A New Jersey sales tax certificate is required.
[Added 6-4-2007 by Ord. No. 1597-2007]
K. 
A letter from the owner of the property, if other than the applicant, stating that the owner does not object to the operation of the business from said owner's property is required.
[Added 6-4-2007 by Ord. No. 1597-2007]
L. 
In the case of a business to be operated from a condominium unit, the location shall comply with all local zoning requirements. In addition, the applicant shall submit a letter from the management company and/or homeowners or condominium association Board of Directors or Trustees stating that same has no objection to the operation of said business from that location and that said operation does not violate any provision of the association's bylaws, master deed or declaration, whichever is applicable.
[Added 6-4-2007 by Ord. No. 1597-2007]
M. 
A certification from the Fire Prevention Bureau that the upcoming year's fire inspection fee and any delinquent inspection fees and/or monetary penalties for non-life-hazard uses have been paid in full is required. Applications for businesses with outstanding fire inspection or permit fees and/or penalties shall be held in abeyance for 30 days, during which time the applicant shall pay in full all delinquent inspection fees and/or penalties. If the applicant fails to bring the fire inspection, permit fees and/or penalties current within said thirty-day period, the application shall be denied.
[Added 6-4-2007 by Ord. No. 1597-2007]
N. 
An approval/inspection certification is required, if applicable, from the County Health Department.
[Added 6-4-2007 by Ord. No. 1597-2007]

§ 124-4 Issuance or denial of license; hearing.

A. 
Upon receipt of a complete application by the Township Clerk, said Clerk or designee shall promptly review said application and recommend to the Township Committee either approval or denial of the application. The Clerk or designee shall endeavor to make such recommendations within 30 days of receipt of said complete application. If the Clerk or designee recommends denial of said license, said Clerk or designee shall set forth, in writing, the reasons therefor, a copy of which shall be sent to the applicant and/or the applicant's duly authorized representative. In the event of such recommended denial, the Township Committee, within 10 days of receipt of the same, in writing, from the Township Clerk or designee, shall establish a hearing date, which date shall not be more than 45 days from the date of receipt of said denial from the Township Clerk or designee. The applicant shall receive at least seven days' notice of the hearing and shall be permitted to present evidence on behalf of his application.
B. 
If the Township Committee determines that the license should not be issued it shall specifically set forth the reasons for such denial in a written opinion, a copy of which shall be filed with the Township Clerk or designee, a copy of which shall be mailed to the applicant and/or the applicant's duly authorized representative.
C. 
No license shall actually be issued until the Township Committee has authorized the Township Clerk to issue the license. All persons or business entities presently in existence and required to be licensed hereunder shall apply for such license prior to June 1, 1988.

§ 124-5 Payment of fee; expiration of license.

All license fees shall be due and payable to the Township of Hamilton at the office of the Township Clerk, on the first day of July in each year, and all such licenses shall expire on the 30th day of June two years following.

§ 124-6 Fee.

[Amended 6-4-2007 by Ord. No. 1597-2007]
The license fees to be paid biannually as above provided to the Township of Hamilton, for conducting a business, trade profession or occupation at the place designated, and for the license certificate issued therefor shall be $25. No pro rata fees shall be permitted. This fee is solely to defray a portion of the township's costs in administering this article and is not intended to raise revenue.

§ 124-7 Revocation; hearing.

The Township Committee shall have the right to revoke any license whenever the holder thereof or any of the agents, servants or employees of the holder violate any provision of this article, including any of the provisions which are required for the issuance of the license pursuant to § 124-3 hereinabove. However, the licensee shall be given a period of 30 days to correct said violation(s) if so requested, in writing, to the Township Clerk within five days of notice and if, in the opinion of the Township Committee, the alleged violation(s) do not pose an imminent hazard or threat to the general health, safety and welfare. After written notice of the revocation has been served upon the licensee, an appeal may be filed to the Hamilton Township Committee within 10 days of service of said notice. The Township Committee shall thereupon conduct a hearing of the matter within 30 days after receipt of notice of appeal and shall render a decision within 15 days of such hearing. An appeal by the licensee shall stay any proposed revocation.

§ 124-8 Nontransferability and exclusive nature of license.

No license provided for in this article shall be transferable from one person to another, and no license shall cover any other place of business other than that for which it was issued. No licensee shall expand the scope of operations beyond the specific uses or purposes set forth in the application without filing and receiving approval of a reapplication form.

§ 124-9 Licensing pursuant to other ordinances; additional fee not required.

Those businesses which are otherwise licensed pursuant to other ordinances of the Township of Hamilton may be required to file an application hereunder to the extent that another regulatory or licensing application does not contain the requisite information required hereunder. However, in the event that such application is required hereunder, no additional license fee pursuant to § 124-6 shall be required of the applicant.

§ 124-10 Violations and penalties.

Any person violating any of the provisions of this article shall, upon the first conviction in the Municipal Court of the Township of Hamilton, be punished by a fine not to exceed $100; for a second offense within a twelve-month period, by a fine of not less than $300 nor more than $500; for a third or subsequent offense within a twelve-month period, by a fine of not less than $500 nor more than $1,000 or imprisonment for a term not exceeding 90 days in the county jail. For purposes of this article, the twelve-month period shall be based upon the date of issuance of the first and any subsequent complaints.

§ 124-11 Effect on other ordinances.

This article shall not be construed as inconsistent with any other licensing ordinance in effect in the Township of Hamilton, and the requirements herein shall be supplementary to the requirements set forth in said licensing ordinances.