[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]
For purposes of this article, the following terms shall have the meanings
indicated:
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.
Includes individuals, firms, copartnerships, corporations or any
combination thereof.
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.
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.
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]
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.
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.
[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.
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.
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.
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.
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.
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.
