City of Englewood, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Englewood 10-5-1978 by Ord. No. 2335 as §§ 3-27 to 3-41 of the 1978 Revised General Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Fee Schedule — See Ch. 191.

§ 262-1 Scope.

Unless otherwise provided by ordinance or other provision of law, the procedure for issuance of any license or permit, and the procedure to be followed in the denial of any request for a license or permit or any challenge to, or appeal from, the action of the licensing authority in issuing or refusing to issue a license or permit, or any suspension or revocation of a license or permit shall be as set out in this chapter.

§ 262-2 Licensing authority.

The term "licensing authority" as used herein means the City official charged with the duty and responsibility of issuing any license or permit, and unless otherwise provided by ordinance with respect to any specific license or permit, the licensing authority shall be the City Clerk.

§ 262-3 Application for license.

An application for any license or permit shall be submitted on forms provided for that purpose by the licensing authority and shall include the following information:
A. 
If the applicant is an individual, the name, home address and business address of the applicant.
B. 
If the applicant is a corporation, the name and business address of the applicant, the name of the registered agent and the address of the registered office of the corporation and the names and home addresses of the officers of the corporation.
C. 
If the applicant is a partnership, unincorporated association or any form of business enterprise other than an individual or a corporation, the name and business address of the applicant and the names and home addresses of the partners and/or the principals of the applicant.
D. 
If the license or permit is to be applicable to particular premises or a part or parts thereof, the address of the premises and a designation of any such part thereof.
E. 
Any other information required by the ordinance or other provision of law under which the license or permit is to be issued.
F. 
Any other information required by the licensing authority to facilitate the processing of such application and the determination as to whether the requested license or permit should be issued.

§ 262-4 Tendering of fees with application; refunds. [1]

Any fee required for the issuance of a license or permit shall be tendered to the licensing authority with the application, and no fee or part thereof shall be refunded in the event that the application is rejected or withdrawn.
[1]
Editor's Note: See Ch. 191, Fee Schedule.

§ 262-5 Processing of application.

The licensing authority shall determine, as expeditiously as possible, whether the applicant qualifies for and is entitled to receive the requested license or permit and shall make or cause to be made such investigation as he or she deems necessary to determine the applicant's eligibility for and right to receive the license or permit. The licensing authority shall have the right to request and receive assistance from any other City agency, department or officer in making such investigation and obtaining such information as shall be necessary or helpful in making such determination.

§ 262-6 Issuance of license or permit.

If the licensing authority determines that the applicant has met all of the requirements established by ordinance or other provision of law and has complied with all provisions and conditions established for the issuance of such license or permit, the licensing authority shall issue such license or permit to the applicant.

§ 262-7 Submission of additional information.

A. 
If the licensing authority determines that the applicant has not submitted all required information or material, or in some other manner has failed to establish the applicant's right to or qualification for such license or permit, the licensing authority shall advise the applicant of such determination.
B. 
He shall afford the applicant a reasonable opportunity to submit such additional information or material or establish such qualification.

§ 262-8 Denial of license or permit.

A. 
If the licensing authority determines that the applicant is not qualified to receive the requested license or permit, or has not met the requirements thereof as established by ordinance or other provision of law, or for some other reason is not entitled to receive such license or permit, the licensing authority shall advise the applicant, in writing, of such decision and the reasons therefor.
B. 
He shall also advise the applicant of the right to a hearing respecting such decision pursuant to the provisions of § 262-9 hereof.

§ 262-9 Hearing before licensing authority.

A. 
Any applicant who is denied a license or permit may request a hearing thereon by submitting a written request therefor to the licensing authority, and upon receipt thereof the licensing authority shall fix a time and place for such hearing, which shall be not later than 10 days from his receipt of the written request therefor, and shall advise the applicant of the time and place thereof.
B. 
Such hearing may be informal.
C. 
At the hearing the hearing officer shall explain to the applicant the reasons for denial of the requested license or permit, and the applicant shall be given the opportunity to submit to the licensing authority any facts or reasons which the applicant believes supports the application and which the applicant contends establishes the right or supports the claim to the issuance of the requested license or permit.
D. 
Following the conclusion of the hearing, the licensing authority, within 10 days thereafter, shall transmit to the applicant the written decision of the licensing authority either affirming the denial of the license or permit, or granting the license or permit or setting out conditions to be met by the applicant prior to the issuance of the license or permit.

§ 262-10 Appeal to Council.

A. 
Any applicant who is denied a license or permit by the licensing authority may appeal such decision to the Council by filing written notice of such appeal with the City Manager within 10 days of the applicant's receipt of written notice from the licensing authority denying such license or permit; provided however, that no such appeal shall be permitted unless and until the applicant has requested a hearing before the licensing authority as provided in § 262-9 hereof and such hearing has been held and:
(1) 
The licensing authority has thereafter denied such license or permit or has set conditions for the issuance thereof which the applicant believes are not justified and which the applicant is either unable to meet or declines to meet; or
(2) 
A period of 10 days has elapsed following the conclusion of the hearing before the licensing authority and the licensing authority has not rendered a written decision thereon.
B. 
Upon receipt of such notice of appeal, the Council, or the City Manager on behalf of the Council, shall fix a date for a hearing thereon which shall be not more than 30 days after receipt of such notice of appeal.
C. 
Prior to such hearing the licensing authority shall submit to the Council the application for the license or permit in question, any material which was submitted in support of or in opposition to said application, a copy of the written decision or decisions which had been delivered to the applicant, and any other material which the licensing authority believes relevant to the Council's consideration of the matter, including a written statement of the reasons why the application was denied and why the licensing authority believes that such application should be denied by the Council. The applicant shall also submit to the Council any material which the applicant believes supports the applicant's right to the requested license or permit, including a written statement of the reasons for such conclusion and the reasons why the applicant contends that the licensing authority wrongfully or erroneously refused to issue the requested license or permit.
D. 
At the hearing the Council shall give the applicant the opportunity to be heard and to set out the reasons why the applicant believes the requested license or permit should be issued, and the Council shall also give the licensing authority an opportunity to be heard and to explain why the license or permit should be denied. The Council may, but shall not be required to, receive new evidence or information offered by either the applicant or the licensing authority or may determine the matter solely on the basis of the information, facts and material submitted to the licensing authority, together with the arguments of both parties.
E. 
Within 21 days following such hearing, the Council shall either affirm the action of the licensing authority or reverse such action and direct that the license or permit be issued, or take such other action as it deems justified and called for by the provisions of applicable ordinances and other provisions of law, and shall cause a copy of such decision, which shall be in writing, to be transmitted to the applicant and the licensing authority.

§ 262-11 Reports to Council.

The licensing authority shall report to the Council each license and permit issued, and each application therefor rejected, within 30 days following such action by the licensing authority.

§ 262-12 Revocation or suspension.

A. 
At any time that the licensing authority has reason to believe that the holder of a license or permit is no longer qualified pursuant to applicable ordinances or other provisions of law to hold such license or permit, or has violated the ordinance or other provision of law under which the license or permit was issued, or has violated some other ordinance or provision of law by reason of which such license or permit should be suspended or revoked, or for any other reason believes that such license or permit should be suspended or revoked, the licensing authority shall give the holder of such license or permit notice thereof, including a specification of the reasons why the licensing authority believes that the license or permit should be suspended or revoked. The licensing authority shall, at the same time, fix and advise the holder of the license or permit of a date for hearing of such charges which, except as provided below, shall be not less than five nor more than 15 days after issuance of such charges.
B. 
Such hearing may be informal. At the hearing the licensing authority shall present to the holder of the license or permit the facts, information and other material which has led the licensing authority to conclude that the license or permit should be suspended or revoked, and the holder thereof shall have an opportunity to rebut such charges and present such facts, information and other material in support of the position of the holder of the license or permit.
C. 
Following the conclusion of the hearing, the licensing authority shall render a decision which may consist of a revocation of the license or permit, a suspension of the license or permit for a specified period of time, fixing terms and conditions with which the holder must comply, in default of which the license or permit will be suspended or revoked, or dismissing the charges, and the licensing authority shall furnish the holder of the license or permit with a copy of such written decision within 10 days following conclusion of the aforesaid hearing.
D. 
If the licensing authority determines that, because of compelling reasons related to the public health, safety or welfare, or because of other compelling reasons, a license should be suspended before a hearing can be held in the manner described in Subsection A hereof, then the licensing authority may suspend such license prior to the holding of such a hearing and without prior notice to the holder of the license; provided, however, that in the event of such a suspension, the hearing described in Subsection A shall be held as soon as reasonably possible following such action.

§ 262-13 Appeal to Council from revocation or suspension.

A. 
Within 10 days from receipt of a written decision of the licensing authority revoking or suspending a license or permit, or imposing terms and conditions thereon in default of which the same shall be suspended or revoked, the holder of a license or permit may appeal such decision to the Council by filing written notice of appeal with the City Manager.
B. 
Such appeal shall be processed, heard and determined in the same manner as appeals from the grant or denial of a license or permit as set out in § 262-10.

§ 262-14 Objections to issuance of license or permit; request for suspension or revocation.

A. 
Any person who objects to the issuance of any license or permit requested by an application being processed by the licensing authority, or who contends that a license or permit should be suspended or revoked, may request a hearing thereon before the licensing authority, in which event the licensing authority shall cause a hearing to be held in the manner described in § 262-9 hereof, provided that the applicant or the holder of the license or permit involved shall be given notice thereof and the right to participate therein in the same manner as described in § 262-9.
B. 
Any person aggrieved by the decision of the licensing authority following such hearing, including any person who has objected to the issuance of such license or permit or requested the suspension or revocation thereof, may appeal such decision to the Council in the manner set out in § 262-10 hereof.

§ 262-15 Appeals or hearings instituted by Council.

A. 
The Council may, at any time, on its own motion, institute a review by the Council of the action of the licensing authority in issuing or denying any license or permit, in which event, such review shall, on notice to the holder of or applicant for such license or permit, and to the licensing authority, be conducted in the same manner as set out in § 262-10 hereof respecting an appeal to the Council.
B. 
The Council may, at any time, on its own motion, direct the licensing authority to institute proceedings in the manner described in § 262-12 hereof respecting suspension or revocation of a license or permit, in which event the Council shall advise the licensing authority and the holder of such license or permit of its reasons for doing so, and thereupon such proceedings shall be held in the manner described in § 262-12 hereof.