[HISTORY: Derived from § 6-1 of the 1972 Ocean
Codified Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 95.
Construction regulations — See Ch. 135.
Contractor registration — See Ch. 139.
Fees — See Ch. 165.
Games of chance fees — See Ch. 186.
Peddling and soliciting — See Ch. 273.
Taxicabs — See Ch. 351.
Trailers and trailer camps — See Ch. 367.
Retail food establishments — See Ch. 439.
The purpose of this chapter is to provide a uniform set of procedures
for administering the issuance, renewal and revocation of all licenses
issued by the Township, except alcoholic beverage licenses, dog licenses
and except as provided elsewhere in this Code.
A.
All applications
for licenses shall be accompanied by the required fee and shall be
made to or through the Township Clerk upon forms provided by the Clerk.
Applications shall contain the information specified by resolution
of the Township Committee, which may be based on printed forms, and
may include the following along with any other information deemed
necessary or specifically called for by ordinance:
(1)
Name and permanent and local address of the applicant. If the applicant
is a corporation, the name and address of its registered agent;
(2)
If the licensed activity is to be carried on at a fixed location,
the address and description of the premises;
(3)
If a vehicle is to be used, its description including the license
number;
(4)
If the applicant is employed by another, the name and address of
the employer, together with credentials establishing the exact relationship;
(5)
The days of the week and the hours of the day during which the licensed
activity will be conducted;
(6)
A description of the nature of the business and the goods, property
or services to be sold or supplied;
(7)
A statement as to whether the applicant has been convicted of any
crime or the violation of any municipal ordinance other than traffic
offenses and, if so, the date and place of conviction, the nature
of the offense, and the punishment or penalty imposed;
(8)
Appropriate evidence as to the good character and business responsibility
of the applicant so that an investigator may properly evaluate his
character and responsibility.
B.
Applications by partnerships shall be signed by all partners with
the information required by this section supplied in detail as to
each partner, and applications of corporations shall have attached
individual statements containing all of the information required by
this subsection relating to each employee or agent who shall engage
in the licensed activity, and shall be signed by each employee or
agent.
Each application shall be referred to the Chief of Police or
police officer designated by the Chief, who shall immediately institute
whatever investigation of the applicant's business responsibility,
moral character and ability to properly conduct the licensed activity
he/she considers necessary for the protection of the public. He or
she shall communicate his/her findings in writing to the Township
Clerk within reasonable time after the application has been filed.
If the investigator decides that the applicant's character, ability
or business responsibility is unsatisfactory, or the products, services
or activity are not free from fraud, he/she shall disapprove the application
and the Clerk shall refuse to issue the license and shall so notify
the applicant. Otherwise, the Township Clerk shall issue the license
immediately, provided the required license fees have been paid, except
in cases where approval of the Township Committee is required. In
the event of the refusal of the issuance of license, the applicant
may appeal to the Township Committee for hearing. The appeal must
be filed in writing, with the Township Clerk within 14 days after
notification of the refusal. The Township Committee shall hold its
hearing within 14 days thereafter, and its decision shall be final.
Licenses shall be in form which the Township Committee shall
prescribe by resolution, and shall contain the following information:
A.
The name and address of the licensee;
B.
The number and type of the license and the nature of the license
activity;
C.
The address at which the licensed activity is conducted, if the activity
is on at fixed location;
D.
If the licensed activity is conducted from vehicle, the make, model
and license number of the vehicle;
E.
The expiration date of the license;
F.
Any other appropriate information which the Mayor and Township Committee
may require by resolution.
The Township Clerk shall keep record of all licenses issued under this chapter. The record shall contain the same information as is required by § 215-4 to be contained in the license and may be duplicate thereof. It shall also indicate the amount of the fee paid for the license, the date upon which payment was received, the date of the issuance of the license, whether the license is a new license or renewal, and any other information which the Township Committee may require by resolution.
When the licensed activity is conducted at a fixed location,
or from a vehicle, the license shall be prominently displayed at the
location or on the vehicle. In all other cases, the licensee shall
have the license in his/her possession at all times and shall display
it upon request of any police officer or any person with whom he/she
is doing business.
Except as otherwise provided, the license shall apply only to
the person to whom it was issued and shall not be transferable to
another person. Licenses may be transferred from place to place, in
cases where the licensed activity is conducted at fixed location,
but only with the approval of the Township Committee by resolution.
The fee for the transfer of license from place to place shall be $5.
A.
Except where expressly provided otherwise, all licenses shall expire
on December 31 of the year of issue at 12:00 midnight. Applications
for the renewal of licenses shall be made not later than December
1 of the year of issue.
B.
When an application for license is made during the course of any
calendar year, the fee shall be prorated to the nearest month. Any
period of time greater than half a month shall be considered as full
month for this purpose.
A.
Any license
or permit issued by the Township may be revoked by the Township Committee
after notice and a hearing for any of the following causes:
(1)
Fraud or misrepresentation in any application for permit or license;
(2)
Fraud, misrepresentation or other dishonesty in the conduct of the
licensed activity;
(3)
A violation of any provision of this chapter;
(4)
Conviction of the licensee for any felony or high misdemeanor or
a misdemeanor or disorderly person's offense involving moral
turpitude;
(5)
Conduct of the licensed activity, whether by the licensee himself/herself
or his/her agents or employees in an unlawful manner or in a manner
that constitutes breach of the peace or menace to the public health,
safety or general welfare.
B.
Whenever license has been issued immediately upon an application,
pending the results of the investigation provided for by this chapter,
such license may be summarily revoked if the result of the investigation
is such as would have resulted in denial of the application.
Notice of a hearing for the revocation of license or permit
shall be given in writing by the Township Clerk. The notice shall
specifically set forth the grounds upon which the proposed revocation
is based and the time and place of the hearing. It shall be served
by mailing a copy to the licensee at his/her last known address by
certified mail, return receipt requested, at least five days prior
to the date set for the hearing.
At the hearing, the licensee shall have the right to appear
and be heard, to be represented by an attorney, to present witnesses
in his/her own behalf, to cross-examine opposing witnesses and to
have a permanent record made of the proceedings at his/her own expense.
The Township Committee shall revoke or suspend the license if it is
satisfied by preponderance of the evidence that the licensee is guilty
of the acts charged.
The Township Committee may issue another license to person whose
license has been revoked or denied as provided in this chapter if
after the hearing it is satisfied by clear and convincing evidence
that the acts which led to the revocation or denial will not occur
again; otherwise, no person whose license has been revoked or denied,
nor any person acting for him/her, directly or indirectly, shall be
issued another license to carry on the same activity.
The Township Committee may by resolution make rules and regulations
which interpret or amplify any provision of this chapter or for the
purpose of administering the provisions of this chapter or making
them more effective. No regulation shall be inconsistent with or alter
or amend any provision of this chapter and no regulation shall impose
any requirement which is in addition to or greater than the requirements
that are expressly or by implication imposed by any provision of this
chapter.
