City of Trenton, NJ Suspension and Revocation

§ 146-26 Causes for suspension.

Any license or permit issued by the City Clerk may be suspended by the City Clerk for no more than seven days for the following reasons:

Failure to satisfy any notice of violation within five business days of issuance and remedying the circumstances that served as the basis for issuance of the notice of violation.

Any violation by the business, its agents, assigns, servants employees or affiliates of the ordinances of the City or laws of the State of New Jersey in any way related to the use or operation of the premises or the operation of the business thereon for which such license was issued.

Permitting minors to congregate or remain on the licensed premises or the premises to which the permit pertains in violation of Chapter 58, Curfew. It shall be a sufficient defense to a charge brought under this subsection that the licensee made timely complaint of the apparent violation in question to the Police Department.

§ 146-27 Notice of suspension.

Written notice of the suspension shall be served upon the licensee immediately at the licensed address in accordance with § 146-30. The notice shall also contain a brief statement of the grounds to be relied upon for the suspension of the license.

The licensee shall have the right to file a written appeal of the suspension to the City Clerk within 72 hours of the date of notice of the suspension. The appeal shall be reviewed by the City Clerk at a hearing as prescribed in § 146-31. The filing of a notice of appeal shall toll any such suspension during the pendency of the appeals process.

The licensee shall have the right to file a written appeal of the City Clerk's decision to the City Council within 24 hours of written notice of the Clerk's ruling. The appeal shall be reviewed by the City Council at a hearing as prescribed in § 146-31.

§ 146-28 Causes for revocation.

Any license or permit issued by the City Clerk may be revoked by City Council for the violation by the licensee, after notice and hearing, and for any of the following causes:

Fraud, misrepresentation or false statement contained in any application for permit or license.

Fraud, misrepresentation or false statement in the conduct of any business or activity authorized by such license or permit.

Any violation by the business, its agents, assigns, servants, employees or affiliates of the ordinances of the City or laws of the State of New Jersey in any way related to the use or operation of the premises or the operation of the business thereon for which such license was issued.

Any violation of this chapter.

Conducting the licensed business, trade, calling, profession or occupation through the licensee himself/herself or any of his/her agents, assigns, servants, employees or affiliates in any unlawful, disorderly or improper manner, or in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public.

Violating or abusing the purpose for which a license had been issued to the detriment of the public; or the use of a license for a purpose foreign to that for which it was issued.

§ 146-29 Notice of hearing.

A license issued by the City shall not be revoked until a hearing thereon shall have been held by the City Council. Written notice of the time and place of the hearing shall be served upon the licensee at least three days prior to the date set for the hearing. The notice shall also contain a brief statement of the grounds to be relied upon for revoking the license.

§ 146-30 Service of notice.

Notice of hearing as set forth in § 146-29 may be given either by personal delivery upon the business' agent or representative listed on the license or may be deposited in the United States Post Office in a sealed envelope, postage prepaid, addressed to the business to be notified at the address appearing upon the license.

§ 146-31 Hearing procedure.

At the hearing before the City Clerk or City Council, the business aggrieved by the proposed suspension or revocation of any license issued by the City shall have an opportunity to answer and may thereafter be heard, and upon due consideration and deliberation by the City Clerk or City Council, the notice of violation may be dismissed, or if the City Clerk or City Council concludes that the charges have been sustained and substantiated, it may suspend or revoke the license held by the licensee, as applicable.

§ 146-32 Reinstatement of revoked licenses.

If any license shall have been revoked, as provided in this article, neither the holder thereof nor any person acting in his/her behalf, directly or indirectly, shall be entitled to another license to carry on the same business within the City unless the application for such license shall be approved by the City Council.

§ 146-33 Denial of application or renewal.

Any business aggrieved by the denial of any application for permit or license, or the refusal to renew the same, may appeal to the City Council by filing with the City Clerk, within 14 days after the applicant or licensee has been notified of such action, a written statement setting forth the grounds of the appeal. The City Council shall set a time and place for a hearing on the appeal, and notice shall be given to the appellant in the manner provided in § 146-29. The decision and order of the City Council on the appeal shall be final and conclusive.