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 5-21-1973 by Ord. No. 433-73. Amendments noted where applicable.]
GENERAL REFERENCES
Community Education/Recreation Director — See Ch. 60, Art. VIII.
Alcoholic beverages — See Ch. 102.
Operation of businesses — See Ch. 124.
Curfew — Ch. 150.
Land use and development — See Ch. 203.
Licenses and permits — See Ch. 207.
Parks and beaches — See Ch. 225.
Peace and good order — See Ch. 228.
Outdoor sporting events — See Ch. 261.

§ 243-1 License required.

It shall not be lawful for any person, corporation, partnership or the like, either directly or indirectly, to conduct any recreation areas or amusement centers as defined in Ordinance No. 170-55[1] or this chapter, in whole or in part, unless a license therefor is first procured and kept in effect at all such times.
[1]
Editor's Note: See now Ch. 203, Land Use and Development, of the Land Use volume.

§ 243-2 Application for license.

Every person required to procure a license under the provisions of this chapter shall submit an application for such license to the Township Clerk of the Township of Hamilton, City Hall, Mays Landing, New Jersey, which application shall be accompanied by the full amount of the fees chargeable for the license applied for.

§ 243-3 Application information.

Said application shall be a written statement upon the forms provided by the Township License Officer and shall contain the following:
A. 
Previous license history of the applicant and whether there has been any previous revocation or suspension and the reasons therefor.
B. 
Statement that the applicant is not violating the Zoning Ordinance of the Township of Hamilton.[1] If the applicant occupies a nonconforming use, proof of date of occupancy and operation must be given.
[1]
Editor's Note: See Ch. 203, Land Use and Development, of the Land Use volume.
C. 
Statement that the applicant is not in default under the provisions of this chapter or indebted or obligated in any manner to the Township of Hamilton, except for current taxes.
D. 
Such other facts relative to the general personal history of the applicant, or its officers and managers if said applicant is not an individual, so as to enable the Township License Officer to a fair determination of the eligibility of the applicant.
E. 
Name of person to whom the license will be issued and his residence address. If the applicant is not an individual, then the names, positions and residence addresses of all officers and managers of the applicant.
F. 
The premises at which the business is to be carried on and the name and address of the owner of said premises.

§ 243-4 Report by Chief of Police.

Upon written request of the Township License Officer or the Township Clerk, the Chief of Police shall ascertain if the applicant has any criminal record, and report, in writing, affirmatively or negatively thereon within seven days after said request is made, including in his report his approval or disapproval of the granting of a license and giving his reasons therefor.

§ 243-5 Investigation; public hearing; action by Township Committee.

After submission of the application and the required fees to the Township Clerk, the Township License Officer shall make any investigation necessary and shall report the results of his investigation to the Township Committee within 30 days after the application is filed with the Clerk. Upon receipt of the results of the investigation by the Township Committee, a public hearing shall be scheduled within 30 days thereof, with proper advertising of said hearing to occur within 10 days of said hearing. Following the hearing on the application for the license, the Township Committee may approve, disapprove or reserve decision, but in no event shall delay in notifying the applicant of its decision for more than 30 days following the conclusion of the public hearing.

§ 243-6 Renewal or transfer of license.

Applications for renewal or transfer of a license shall follow the same procedure as is outlined in the preceding sections for an original application.

§ 243-7 License information.

Each license issued hereunder shall state upon its fact the following:
A. 
The name of the licensee and any other name under which such business is to be conducted.
B. 
The kind and address of each business to be licensed.
C. 
The amount of license fee therefor.
D. 
The dates of issuance and expiration thereof.
E. 
Such other information as the Township License Officer shall determine.

§ 243-8 Licensee regulations.

Every licensee under this chapter shall:
A. 
Permit all reasonable inspections of his business.
B. 
Permit access to the licensed premises at all reasonable times by the Township License Officer.
C. 
Ascertain and at all times comply with all laws and regulations applicable to such licensed business.
D. 
Avoid all forbidden, improper, unlawful or unnecessary practices, businesses or conditions which do or may affect the public health, morals or welfare.
E. 
Refrain from operating the licensed businesses on premises after expiration of his license and during the period when his license is revoked or suspended.

§ 243-9 Annual license fee.

The license fee is to be paid annually unless otherwise specified for conducting the business or purpose herein named at the premises to be designated in the license issued hereunder. The fee shall be $100.

§ 243-10 Licensing officer.

It shall be the duty of the Township Inspector to act as licensing officer for this chapter and, pursuant to his duties, to examine all places of business and all persons of the Township of Hamilton to determine if this chapter has been complied with, and to enforce this chapter where persons, corporations, partnerships or the like are found to be violating the same.

§ 243-11 Revocation of license.

Any permit or license granted or issued pursuant to this chapter may be revoked by the Township Committee, after notice and hearing, for any of the following causes:
A. 
Any fraud, misrepresentation or false statement contained in the application for license.
B. 
Any fraud, misrepresentation or false statement made in connection with the operation of the recreation area or amusement center.
C. 
Any violation of this chapter or the Zoning Ordinance, including all amendments thereto.[1]
[1]
Editor's Note: See Ch. 203, Land Use and Development, of the Land Use volume.
D. 
Any conviction of the licensee of any felony or of a misdemeanor involving moral turpitude.
E. 
Conducting the business licensed under this chapter, through the applicant himself or any of his agents, servants or employees, in any unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.

§ 243-12 Notice of hearing for revocation.

Notice of hearing for revocation of a license under § 243-11 preceding shall be given, in writing, by the Township Clerk or the Township License Inspector, setting forth specifically the grounds of complaint and the time and place of the hearing. Such notice shall be mailed by certified mail to the licensee, to the address indicated on the license application, at least 15 days prior to the date set forth for the hearing, and a similar notice of said hearing shall be published in a local newspaper at least 10 days prior to the date set for the hearing.

§ 243-13 Violations and penalties.

In addition to the provisions for revocation, the Township License Officer, the Chief of Police, any police officer of the Township of Hamilton or any taxpayer or resident of the township may make complaint in the Municipal Court of the Township of Hamilton for any violation of this chapter, or any article, section, subsection or provision thereof. Upon conviction in such case, for each and every violation, the person committing, taking part or assisting in such violation or violations shall be subject to a fine of not more than $200 or be imprisoned in the county jail for a period not exceeding 30 days, or both, in the discretion of the Township Judge. Each day that a violation is permitted to exist shall constitute a separate offense.

§ 243-14 Regulation by other ordinances.

All other ordinances and parts of ordinances inconsistent herewith and in conflict with the provisions of this chapter are hereby repealed. However, the statement of a license fee for any business in this chapter shall not be deemed to permit such type of business in the Township of Hamilton where it is excluded, either specifically or by interpretation, in the Zoning Ordinance[1] or any other ordinance of the Township of Hamilton.
[1]
Editor's Note: See Ch. 203, Land Use and Development, of the Land Use volume.