[HISTORY: Adopted by the Common Council of the City of Linwood 4-9-1969
by Ord. No. 6-1969. Amendments noted where applicable.]
GENERAL REFERENCES
Canvassing and soliciting — See Ch. 111.
No person or persons, firm or corporation shall engage in or carry on
any business in Linwood, nor aid or 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 chapter, unless a license
is herein provided for shall have been first obtained therefor.
[Amended 5-22-1991 by Ord.
No. 9-1991]
A.
Application for license shall be made to the City Clerk of the
City of Linwood on and after July 1, 1991, and no license shall be granted
until the payment for the same shall have been made. Every license shall specify
by name the person to whom it shall be issued, the business for which it is
granted, the location at which such business is to be carried on and a statement
that the owner/proprietor of the business is actively engaged in said business
for which the mercantile license is being issued.
B.
Investigation of applicants.
[Added 4-13-2005 by Ord. No. 8-2005]
(1)
Each application for a new business, not previously licensed,
shall be referred to the Chief of Police or a police officer designated by
the Chief who shall undertake an investigation of the applicant's suitability
for a license, including the applicant's character, honesty and integrity
as they may be relevant to the conduct of the business. This investigation
shall include, but need to be limited to, a criminal history record background
check for the presence of potentially disqualifying criminal record. The investigation
shall determine if the applicant's background indicates a reasonable likelihood
that the applicant would conduct the business honestly, free from fraud or
serious misconduct and generally in accordance with the law.
(2)
The investigation shall be completed as soon as is possible and
the findings provided to the City Clerk with a recommendation as to whether
such license should be issued. If the investigation recommends against the
issuance of a license, then the City Clerk may not issue the license, but
the applicant may request a review of the application by the Public Safety
Committee of the Municipal Council which shall consider the matter at its
next regularly scheduled meeting. If, after review of the application, the
Public Safety Committee does not issue the license, the applicant may request
a hearing before the Public Safety Committee of the Municipal Council; such
hearing shall be held within 30 days of a request by the applicant.
(3)
In addition to any other required fees, the applicant shall be
responsible for the cost of the criminal history record background check.
The applicant shall submit a check or money order in the amount of such fee
as may be imposed by the Superintendent of the State Police, payable to the
New Jersey Bureau of Investigation (NJSBI) at the time the application is
submitted. The applicant shall complete such application forms as may be required
by the City, including a consent to the background check.
A.
All license fees shall be due and payable to the City Clerk on
the first day of July of each year, the term thereof commencing on July 6
and expiring on June 30 thereafter.
B.
Any license fees not paid by August 1 of each year shall be subject
to a late fee of $10.
[Added 4-13-2005 by Ord. No. 8-2005]
[Amended 5-22-1991 by Ord.
No. 9-1991; 4-13-2005 by Ord. No. 8-2005]
The license fees to be paid annually as above provided to the City of
Linwood for conducting the businesses, trades, professions or occupations
herein named, at the places to be designated in the license certificate issued
therefor, or in using any store or place for the sale of any goods or thing,
or the type of service hereinafter named, shall be as follows:
|
Business
|
Fee
|
|---|---|
|
Antique stores
|
$50.00
|
|
Bakery, retail
|
$50.00
|
|
Bicycles and supplies
|
$50.00
|
|
Bridal salon
|
$50.00
|
|
Clothing store
|
$50.00
|
|
Consignment business
|
$50.00
|
|
Convalescent and/or nursing home
| |
|
Fewer than 25 beds
|
$50.00
|
|
26 to 50 beds
|
$75.00
|
|
51 to 75 beds
|
$100.00
|
|
76 or more beds
|
$125.00
|
|
Country club
|
$180.00
|
|
Dance studio
|
$50.00
|
|
Department stores
|
$100.00
|
|
Every concession therein (jewelry, etc.)
|
$50.00
|
|
Food concessions and food vendors therein
|
$50.00
|
|
Drug and medical supplies
|
$60.00
|
|
Dry cleaners
|
$50.00
|
|
Electrical supplies and appliances
|
$50.00
|
|
Electric motor repair
|
$50.00
|
|
Fence sales
|
$50.00
|
|
Floor-covering company
|
$50.00
|
|
Flowers, plants and shrubberies
|
$50.00
|
|
Furniture and house furnishings (new or secondhand)
|
$60.00
|
|
Garden supplies only
|
$50.00
|
|
Gasoline filling stations
|
$50.00
|
|
Greenhouses
| |
|
Up to 4,000 square feet
|
$50.00
|
|
Over 4,000 to 8,000 square feet
|
$75.00
|
|
Over 8,000 square feet
|
$100.00
|
|
Grocery stores, retail
|
$50.00
|
|
Hair and cosmetic products
|
$50.00
|
|
Hardware
|
$50.00
|
|
Health spa
| |
|
Up to 4,000 square feet
|
$50.00
|
|
Over 4,000 to 8,000 square feet
|
$75.00
|
|
Over 8,000 square feet
|
$100.00
|
|
Lumber and mill work yard
|
$120.00
|
|
Nurseries only
|
$50.00
|
|
Paint store, retail
|
$50.00
|
|
Photographic establishments
|
$50.00
|
|
Plumbing, steam or gas fitting supplies and appliances
|
$50.00
|
|
Printing shop
|
$50.00
|
|
Produce markets
|
$50.00
|
|
Professional office building
| |
|
Under 4,000 square feet
|
$60.00
|
|
Over 4,000 to 8,000 square feet
|
$120.00
|
|
Over 8,000 square feet
|
$180.00
|
|
Radio and television stores and service
|
$50.00
|
|
Restaurants (sub shops, coffee shops or any place where food is served)
| |
|
Up to 30 seats
|
$50.00
|
|
31 to 100 seats
|
$100.00
|
|
101 to 250 seats
|
$200.00
|
|
251 or more seats
|
$250.00
|
|
Retail sales
|
$50.00
|
|
Swim club
|
$50.00
|
|
Any trade or business not listed above
|
$50.00
|
[Amended 4-13-2005 by Ord. No. 8-2005]
A.
No license shall be granted for any theater, scenic theater,
moving-picture show or dance hall or in any public place until the Electrical
Inspector, Building Inspector, Plumbing Inspector, Zoning Officer, Atlantic
County Board of Health and City Fire Chief of the Fire Department all certify
in writing to the Mercantile License Inspector that the applicant has complied
with all the ordinances and regulations respecting protection of life and
property relating to such places.[1]
B.
No license shall be granted for any new commercial business establishment
until and unless the Linwood Planning Board has certified, in writing, to
the City Clerk that all provisions of the ordinances of the City of Linwood
and laws of the State of New Jersey pertaining to municipal site plan review
have been complied with. [2]
C.
The certificate of license shall be conspicuously displayed on
the premises where the business is conducted.
D.
No license shall be issued unless all property taxes are current
and certified by the Tax Collector.
No license certificate shall be issued to any person who has not complied
with the laws of the State of New Jersey or the ordinances of the City of
Linwood, providing regulations respecting the safety of persons who may have
occasion to use the premises, place or thing licensed, and in case any person
licensed fails to comply with such laws or ordinances, after due notice of
10 days and an opportunity to be heard within 10 days thereafter, the Council
of the City of Linwood and the City Clerk may revoke said license. No license
provided for by this chapter shall be transferred from one person to another
person, and no license shall cover any other place of business other than
that for which it was issued.
The fees herein imposed for such licenses are imposed for revenue.
Any proper officer may and is hereby authorized and directed to use
such of the police force in the City as is necessary to execute and enforce
all necessary and lawful police regulations that may best facilitate the carrying
on of business, trades and occupations licensed by this chapter.
A.
The use of the word "person" shall, for the purpose of
this chapter, be deemed to include persons, firms, copartnerships and corporations.
B.
The use of the word "business" shall, for the purpose
of this chapter, be deemed to include businesses, trades, callings, professions
and vocations, except that no mercantile license is required for any person/business
offering only a service if said service requires an annual state licensing.
If any person/business offering such a service sells any merchandise or product,
either retail, wholesale or at auction, then a mercantile license is required..
[Amended 4-13-2005 by Ord. No. 8-2005]
C.
The use of the words “criminal history record background
check” or “background check” shall, for the purpose of this
chapter, mean a determination whether a person has a criminal record by cross-referencing
that person's name with the records available to the State Bureau of Identification
in the Division of State Police.
[Added 4-13-2005 by Ord. No. 8-2005]
D.
The use of the words “disqualifying criminal record”
shall, for the purpose of this chapter, mean the conviction of a crime:
[Added 4-13-2005 by Ord. No. 8-2005]
(1)
Involving danger to the person pursuant to N.J.S.A. 2C:11-1 et
seq. (homicide); 2C:12-1 et seq. (assault); 2C:13-1 et seq. (kidnapping);
2C:14-1 et seq. (sexual offenses); 2C:15-1 et seq. (robbery); or danger to
property pursuant to 2C:17-1 et seq. (arson); 2C:18-1 et seq. (burglary);
2C:20-1 et seq. (theft); 2C:21-1 et seq. (forgery); or to public order pursuant
to 2C:34-1 et seq. (prostitution and obscenity); 2C:35-1 et seq. (dangerous
substance); 2C:39-1 et seq. (firearms).
(2)
In any other state or jurisdiction for conduct which, if committed
in New Jersey, would constitute any of the crimes included above.
(3)
Notwithstanding the provisions of Subsection D(1) and (2) above, an applicant shall not be disqualified for a license on the basis of any conviction disclosed by a criminal history check if the individual has demonstrated evidence of rehabilitation or if the offense is not relevant to the particular business. In making such determination, the following factors may be considered: the nature of the business being sought to be licensed; the nature and seriousness of the offense; the circumstances under which the offense occurred; the date of the offense; the age of the applicant when the offense was committed; whether the offense was repeated; and other evidence of rehabilitation, including subsequent conduct in the community and acquisition of academic or vocational education.
E.
The use of the word “applicant” shall, for the purpose
of this chapter, mean if an individual, such individual; if a partnership,
all partners; and if a corporation, limited liability company or other business
entity, all shareholders or interest holders having more than a ten-percent
ownership.
[Added 4-13-2005 by Ord. No. 8-2005]
[Amended 4-13-2005 by Ord. No. 8-2005]
It shall be a condition of the issuance of any and all licenses under
this chapter that said business shall be used and operated only for lawful
purposes and not in violation of any Zoning Ordinance[1] of the City of Linwood. Any person violating any of the provisions
of this chapter shall, upon conviction in the Municipal Court of the City
of Linwood, be punished for each offense by a fine not to exceed $500 or imprisonment
for a term not exceeding 90 days in the county jail or any place provided
by the municipality for the detention of prisoners, or both. Each day after
the initial violation shall be considered a new and individual violation.
Every person conducting a business required to be licensed hereby shall
permit the department heads or its accredited agents or assistants to have
access to any building or premises for the purpose of ascertaining whether
there has been compliance with the provisions of this chapter and other ordinances
and to determine the fees to be paid, and any refusal thereof shall be deemed
a violation of this chapter and be subject to the penalties.
This chapter shall not apply to any corporation authorized to transact
business by the Department of Banking and Insurance of the State of New Jersey,
or to persons authorized to transact business by any department of the government
of the United States of America, or to any person licensed to transact business
by the State of New Jersey or any department, board or commission thereof,
or to plumbers, builders or electricians now licensed or to persons hereafter
to be licensed under ordinance of the City, or to interstate commerce or to
public utilities.
