[Derived from Sec. 7-1 of the 1969 Revised General Ordinances
of the Borough of Spotswood (adopted by the Borough Council 5-11-1970 by Ord. No.
278, as amended through 9/94)]
The purpose of this article is to provide a uniform set of procedures
for administering the issuance, renewal and revocation of all licenses
issued by the Borough, except alcoholic beverage licenses, dog licenses,
and taxicab licenses.
A.
All applications for licenses, other than licenses or permits for
charitable solicitation, shall be accompanied by a nonrefundable application
fee of $35, shall be made to the Clerk on forms provided by him and
shall contain the following information:
(1)
Name and permanent and local address of the applicant and, 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 a crime
or of the violation of a 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 of the good character and business responsibility
of the applicant so that an investigator may evaluate his character
and responsibility.
B.
The applicant shall be fingerprinted if the Chief of Police determines
that fingerprints are necessary for proper identification. Fingerprint
records shall be processed for classification and identification.
C.
Applications by partnerships shall be signed by all partners, with
the information required by this section concerning each partner supplied
in detail. Applications of corporations shall have individual statements
attached containing all the information required by this section relating
to each employee or agent who shall engage in the licensed activity
and shall be signed by each employee or agent.
D.
Two photographs not over a year old, showing the applicant's face
front and profile, of a minimum size of 1 1/2 inches by 1 1/2
inches shall be affixed to the application.
A.
Each application shall be referred to the Chief of Police or a police
officer designated by him, who shall institute whatever investigation
he considers necessary of the applicant's business responsibility,
moral character and ability to properly conduct the licensed activity
for the protection of the public. He shall communicate his findings
in writing to the Clerk within a reasonable time after the application
has been filed. If the investigator decides that the applicant's character,
ability or business responsibility is unsatisfactory or that products,
services or activities are not free from fraud, he shall disapprove
the application, and the Clerk shall refuse to issue the license and
shall so notify the applicant. Otherwise, the Clerk shall issue the
license immediately if the required license fees have been paid, except
in cases where approval of the Borough Council is required. A solicitor's,
peddler's, or canvasser's license may be issued immediately upon application,
subject to the investigation.
B.
If a license is denied, the applicant may appeal to the Council for
a hearing. The appeal shall be filed with the Clerk in writing, within
14 days after notification of the refusal. The Council shall hold
a hearing within 10 days thereafter. The decision of the Council shall
be final.
Licenses shall be in a form which the board 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 licensed
activity.
C.
The address at which the licensed activity is conducted if the activity
is carried on at a fixed location.
D.
The make, model and license number of the vehicle if the licensed
activity is conducted from a vehicle.
E.
The expiration date of the license.
F.
Any other appropriate information which the Commissioners may by
resolution require.
The Clerk shall keep a record of all licenses issued under this article. The record shall be in a form prescribed by resolution of the Commissioners and shall contain the same information as is required by § 127-4 to be contained in the license. 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 a renewal, and any other information which the Commissioners may by resolution require.
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 possession at all times and shall display
it on request of any police officer or any person with whom he is
doing business.
Every 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 when the licensed activity is conducted
at a fixed location, but only with the approval by resolution of the
Council. The fee for the transfer of a license from place to place
shall be $5.
A.
Except where expressly provided otherwise, all licenses shall expire
on June 30 of the year of issue at 12:00 midnight local time. Applications
for the renewal of licenses shall be made not later than June 1 of
the year of issue.
B.
When an application for a 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 1/2 a month shall be considered a full
month for this purpose.
A license or permit issued by the Borough may be revoked by
the Commissioners after notice and a hearing for any of the following
causes:
A.
Fraud or misrepresentation in any application for a permit or license.
B.
Fraud, misrepresentation or other dishonesty in the conduct of the
licensed activity.
C.
A violation of any provision of this Code.
D.
Conviction of the licensee for any felony or high misdemeanor or
a misdemeanor or disorderly person's offense involving moral turpitude.
E.
Conduct of the licensed activity, whether by the licensee himself
or his agents or employees, in an unlawful manner or in a manner that
constitutes a breach of the peace or a menace to the public health,
safety or general welfare.
F.
Whenever a license has been issued immediately upon application,
pending the results of the investigation provided for by this article,
such license may be summarily revoked if the investigation warrants
a denial of the application.
Written notice of a hearing for the revocation of a license
or permit shall be given by the 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 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 own behalf, to cross-examine opposing witnesses and to have a
permanent record made of the proceedings at his own expense. The Commissioners
shall revoke or suspend the license if they are satisfied by a preponderance
of the evidence that the licensee is guilty of the acts charged.
The Commissioners may issue another license to a person whose
license has been revoked or denied, as provided in this article, if
after the hearing they are 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, directly or indirectly, shall be issued
another license to carry on the same activity.
The Commissioners may by resolution make rules and regulations
which interpret or amplify any provision of this article or for the
purpose of administering the provisions of this article or making
them more effective. No regulation shall be inconsistent with or alter
or amend any provision of this article, 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
article.
