Township of Marlboro, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Marlboro 4-13-1972 by Ord. No. 12-72 (Ch. 88 of the 1981 Code). Amendments noted where applicable.]

§ 113-1 License required; nonapplicability.

[Amended 12-10-1981 by Ord. No. 47-81]
A. 
It shall be unlawful for any person, firm or corporation to conduct, engage in or carry on any business, trade, occupation or other activity as defined in N.J.S.A. 40:52-1 within the Township of Marlboro, County of Monmouth, without having first complied with the provisions of this chapter and obtaining a license therefor as provided herein.
[Amended 8-15-1985 by Ord. No. 27-85; 3-20-1997 by Ord. No. 9-97]
B. 
The requirements of this chapter shall not apply to any business or occupation or any portion thereof licensed under the various laws of the State of New Jersey, such as but not limited to the practice of medicine, the practice of law, the practice of architecture and the sale of alcoholic beverages.[1]
[1]
Editor's Note: See Ch. 82, Alcoholic Beverages.
C. 
The requirements of this chapter shall not apply to the operation of roadside stands for the sale of agricultural products or to the sale by farmers of agricultural products not at retail.

§ 113-2 Application procedures.

A. 
Applications for all licenses required by this chapter shall be made in writing to the Business Administrator, who shall serve as the licensing officer. Each application shall contain the following information:
(1) 
The name of the applicant; if a corporation, the names and addresses of the president and secretary shall be given: if a partnership, the names and addresses of all partners shall be given.
(2) 
The name under which the business is to be conducted.
(3) 
The present residence of the applicant.
(4) 
The address at which the business is to be conducted.
(5) 
The nature of the business.
(6) 
The residence of the applicant during the past five years.
(7) 
Whether or not the applicant has ever had a license to conduct the business herein described, denied or revoked. If a license has been denied, the details shall be given.
(8) 
Details of any conviction for misdemeanor or crime, including the nature of the offense, the date of the conviction and the place where said conviction was obtained.
(9) 
The business telephone number of the applicant.
(10) 
If a corporation, the name and address of the registered agent thereof.
(11) 
Prior to the issuance of a license, a routine police check will be made of the applicant to ascertain the validity of such information, where necessary. This information will be provided to the Business Administrator for a review in a decision as to the issuance of a license.
[Added 12-10-1981 by Ord. No. 47-81]
B. 
The applicant shall certify that it supplies the information knowing the Township of Marlboro shall rely thereon in issuing a license, and the applicant further agrees to comply with all laws and ordinances of the Township applicable to the operation of said business.
C. 
The application shall be made upon forms supplied by the Business Administrator.

§ 113-3 Persons, firm or corporations subject to provisions.

Whenever it shall be necessary for a person, firm or corporation to obtain a license for the maintenance, operation or conduct of any business or establishment or for doing business or engaging in any activity or occupation, any person, firm or corporation shall be subject to the requirement to obtain a license if, by himself or through an agent, employee or partner, he holds himself forth as being engaged in the business or occupation, or solicits patronage therefor, actively or passively, or performs or attempts to perform any part of such business or occupation in the Township of Marlboro.

§ 113-4 Duration of license; payment of fees; proration.

A. 
All licenses shall terminate on the 31st day of December of each year.
B. 
In the absence of any provision to the contrary, all fees and charges for licenses shall be paid in advance at the time of the application to the Business Administrator. When an applicant has not engaged in the business until after the expiration of part of the current license year, the license fee shall be prorated by quarters, and the fee shall be paid for each quarter or fraction thereof during which the business has been or will be conducted.

§ 113-5 Conspicuous display of license.

A. 
The person, firm or corporation conducting said business shall display the license issued hereunder at the principal place of business in a conspicuous place.
B. 
The licensee shall notify the Business Administrator within 10 days after a change in the location of any licensed business.

§ 113-6 Fees; disposition of fees.

[Added 12-10-1981 by Ord. No. 47-81; amended 12-10-2009 by Ord. No. 2009-35]
All businesses, trades and activities conducted within the Township of Marlboro shall pay a license fee of $25 for each year in which they shall operate said business.

§ 113-7 Revocation; appeals.

The Business Administrator of the Township shall have the right to revoke any license whenever the holder thereof or any of the licensees, agents or servants violate any provisions of this chapter, the laws of the State of New Jersey or any rules or regulations promulgated as herein provided. After written notice of the revocation has been served upon the licensee, an appeal may be filed with the Mayor of the Township within 10 days of the service of said notice. The Mayor shall thereupon conduct a hearing in the matter within 15 days after receipt of the notice of appeal and shall render a decision within 30 days of receipt of said notice of appeal.

§ 113-8 Authority to enforce.

The Business Administrator of the Township is hereby authorized and directed to enforce the terms and conditions of this chapter and shall be empowered to direct the use of the Police Department of the Township as is necessary to execute and enforce the terms of this chapter.

§ 113-9 Condition of issuance of licenses.

[Amended 3-14-2013 by Ord. No. 2013-5]
A. 
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 the Zoning Ordinance[1] or other ordinances of the Township of Marlboro.
[1]
Editor's Note: See Ch. 220, Land Use Development and Regulations.
B. 
It shall be a condition of the issuance of any and all licenses under this chapter that on and after January 1, 2016, all motor vehicle service stations that sell gasoline at retail to consumers from gasoline pumps at their stations shall be required to have an alternate energy source, such as a generator connection/hookup, that is capable of providing electrical service during an interruption of the normal electrical supply sufficient to power up the gasoline pumps so that gasoline can be sold to the consumer. The alternate energy source shall be sufficient to operate all pumps during normal business hours of the service stations.

§ 113-10 Violations and penalties.

A. 
Pursuant to N.J.S.A. 40:49-5, any person, firm, association or corporation violating any section of this chapter shall, upon conviction in the Municipal Court, be subject to the penalties provided in § 4-3 of the Code.
B. 
Each day after the initial violation shall be considered a new and individual violation.