[HISTORY: Adopted by the Township Committee of the Township of Hamilton
5-21-1973 by Ord. No. 433-73. Amendments noted where applicable.]
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.
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.
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.
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.
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.
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.
Applications for renewal or transfer of a license shall follow the same
procedure as is outlined in the preceding sections for an original application.
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.
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.
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.
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.
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.
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.
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.
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.
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.
