A.
The Chief License Inspector and such other persons in the City's
employ as so designated shall have the right to make such inspections
of the subject matter of licensing, including the property, vehicles,
equipment, facilities or books or records pertaining to the subject
matter of licensing, as may be necessary for the purposes of issuance,
renewal or enforcement of any license under the provisions pertaining
thereto.
[Amended 12-8-1983 by Ord. No. MC-1994]
B.
Refusal to permit such inspection shall constitute grounds for invoking sanctions as set forth in § 485-24.
C.
The Chief License Inspector shall provide such necessary identification
of persons authorized to make any of the above-described inspections.
[Amended 12-8-1983 by Ord. No. MC-1994]
A.
In addition to provisions elsewhere in this chapter and other ordinances
of the City of Camden, licenses issued by the City of Camden may be
suspended for, but not limited to, one or more of the following reasons:
(1)
Material fraud, misrepresentation or false statements in connection
with the application for the license.
(2)
Material fraud, misrepresentation or false statements in connection
with the offer to sell or the sale of goods, wares, merchandise or
services which are the subject of the license.
(3)
Material violation of this chapter or other ordinances.
(4)
Material violation by the licensee of this chapter or other ordinances
related to the license or to the premises, if any, occupied by the
licensee or in connection with the license.
(5)
Conducting the business activity or enterprise for which the license
is issued in a manner so as to constitute a nuisance, as defined by
other ordinances or the laws of this state.
B.
In addition to provisions elsewhere in this chapter or other ordinances,
licenses issued by the City of Camden may be revoked for, but not
limited to, one or more of the following reasons:
(1)
Two or more suspensions for any length of time within a period of
one year.
(2)
Two or more convictions within a period of one year concerning actions
brought for violations in connection with the license.
(3)
Conducting the business, activity or enterprise for which the license
is issued in a manner so as to constitute a nuisance, as defined by
other ordinances or the laws of this state.
(4)
Any conviction of the licensee for a violation of any of the laws
of the United States, this state or any other state substantially
related to the subject matter of the license or to the premises, if
any, occupied by the licensee in connection with the license.
(5)
Where the activity, use or privilege authorized under the license
is being or has been exercised so as to otherwise be detrimental to
the public health, safety or welfare.
The City of Camden may refuse to issue a license for any of
the reasons for which a license could be suspended or revoked. The
refusal to issue a license shall not be based on a conviction or violation
occurring more than four years prior to the date of the application
for a license.
[Added 10-8-1987 by Ord. No. MC-2339; amended 9-22-1988 by Ord. No.
MC-2416; 11-12-2013 by Ord. No. MC-4795]
A.
No person, taxable association, entity, partnership or corporation
shall be issued or reissued a license or permit under this chapter
by the proper officers of the City of Camden unless a certification
is obtained from the Tax Collector of the City of Camden showing the
applicant or petitioner to be free and clear of any and all monetary
obligations owing to the City of Camden by way of municipal taxes,
fees, water and sewer charges, judgment or any other indebtedness
created by law, or that the applicant has entered into an appropriate
installment agreement with the Tax Collector for the payment of the
aggregate outstanding amount of taxes, assessments, municipal charges,
and other indebtedness owed to the City by installment payments and
that the applicant is in full compliance with the terms of that agreement.
B.
Installment payments under an agreement made pursuant to this section
shall be regularly and promptly made to the City. Additionally, all
current municipal taxes, fees, water and sewer charges, judgment or
any other indebtedness owed to the City shall be paid to the City.
Each applicant seeking to enter into an installment agreement with
the City pursuant to this section shall provide the Tax Collector
with such information deemed relevant in determining the applicant
has sufficient income to discharge his/her obligation to make installment
payments. All installment agreements subject to this section shall
provide for a down payment of at least 10% of the aggregate outstanding
amount of taxes, assessments, municipal charges, and other indebtedness
owed to the City and for the full satisfaction of the balance of the
aforesaid aggregate amount in substantially equal monthly installments
over a period not to exceed three years. The down payment required
under this section may be reduced or waived only if the applicant
demonstrates an ability to pay by installment payments but does not
have the necessary down payment.
C.
If an installment or current tax, assessment, municipal charge, or
other indebtedness to the City is not paid when due or is not completed
within the time fixed by the installment agreement, or there is any
other default under the installment agreement, the applicant will
have 30 days to make such payment. During the aforesaid thirty-day
cure period, all issued or reissued licenses or permits made pursuant
to this section shall be suspended until such time as the default
shall be cured. If the payment is not made or other default not cured,
the installment agreement shall be cancelled and the municipality
shall be entitled to exercise all of its rights under law with respect
to the outstanding amount of taxes, assessments, municipal charges,
and other indebtedness owed to the City. Additionally, if the installment
agreement is cancelled, all issued or reissued licenses or permits
made pursuant to this section shall be rescinded and revoked and shall
not be reinstated unless the aggregate indebtedness is paid in full.
D.
All requirements in this chapter requiring a certification from the
City Tax Collector that all of the applicant's taxes and assessments
be paid to date can be satisfied in the alternative by applicant's
presentation of proof of applicant's entering into an appropriate
installment agreement with the City Tax Collector for the payment
of the aggregate outstanding amount of taxes, assessments, municipal
charges, and other indebtedness owed to the City.
E.
The applicant for the issuance or reissuance of a license or permit
within the jurisdiction and purview of this chapter shall execute
an affidavit attesting to the absence of any liability as stated herein
to the City, in a form prescribed by the Office of City Attorney,
or present proof of applicant's entering into an appropriate installment
agreement with the City Tax Collector for the payment of the aggregate
outstanding amount of taxes, assessments, municipal charges, and other
indebtedness owed to the City, prior to final approval of the issuance
or reissuance of a license or permit.
F.
A person conducting a business on the premises shall be deemed to
be the owner of the lands and buildings if that person controls, is
controlled by or under the common control of the owner of these lands
and buildings by reason of that person's participation in a corporation,
partnership, another form of business association or trust, or is
related by blood or marriage to the person controlling or controlled
by or under the common control of the owner of the lands and buildings.
Persons deemed to be related for the purposes of this chapter are
grandparents, parents, children, grandchildren, spouses, fathers-
and mothers-in-law, brothers- and sisters-in-law, nieces and nephews.
The ownership of less than 50% interest in a business entity or trust
shall not in and of itself be deemed to be a determination of whether
a person controls a business entity or trust but shall be considered
with any other factors which indicate an affiliation between persons
with an interest in the business.
[Amended 12-8-1983 by Ord. No. MC-1994]
In the event that any written objections are filed by any resident of the City of Camden relative to the subject matter of any license or application therefor, the Chief License Inspector shall schedule a hearing subject to the provisions of § 485-25B.
A.
If the Chief License Inspector shall determine not to authorize the issuance or renewal of a license or shall seek to suspend, revoke or otherwise invoke sanctions against a licensee for any violations hereunder, she/he shall, except as provided in § 485-29, notify the licensee or the agent of the licensee of her/his intention to enter an order or directive relating to the license or subject matter thereof. Such notice shall set forth the specific actions contemplated, the reasons therefor and such violations or failure to conform to existing laws or ordinances on which the Chief License Inspector intends to base her/his action. Such notice shall provide that it shall become an order of the Chief License Inspector unless a hearing is requested by the licensee or her/his agent as set forth under § 485-25.
[Amended 12-8-1983 by Ord. No. MC-1994]
B.
Service of notice.
(1)
Notice, as provided in this article, may be served personally or
by prepaid telegram or by regular mail with postage prepaid, addressed
to the last known address of the licensee or his designated agent.
Service upon a licensee or his agent may also be obtained by service
of any such notice upon a member of the family of the licensee or
agent over the age of 14 at the address filed with the City.
(2)
The date of such notice shall be determined, where service is by
mail, as the day following the day of mailing for notices to addresses
within the City and as the fourth day after the date of mailing for
notices to addresses outside the City. Where the day of service would
fall upon a Sunday or other day when mail is not ordinarily delivered,
then the day of service shall be the next regular delivery day.
[Amended 12-8-1983 by Ord. No. MC-1994]
A.
If no hearing is requested as provided herein, the notice provided for in § 485-24 shall become an order of the Chief License Inspector upon the expiration of the time to file a notice of hearing.
B.
The Chief License Inspector, upon receipt of the request for hearing,
shall set a date no less than five nor more than 30 days from the
date of receipt of the request and shall so notify the licensee or
the licensee's agent and any other parties in interest of the date
of the hearing.
A.
At any hearing provided hereunder, the Chief License Inspector shall
be vested with all the powers provided by law to compel the attendance
of witnesses and parties in interest by issuance and service of subpoena,
to require by subpoena the production of books, records or other documents
at any such hearing which may be pertinent to matters to be determined
by him and to enforce any such subpoena or secure any order for the
enforcement of any such subpoena as provided by law.
[Amended 12-8-1983 by Ord. No. MC-1994]
B.
Failure of a licensee to produce books, records or other documents
under the licensee's control or available to the licensee, upon request
of the supervising officer at the time of hearing, shall be grounds
for denial of the license or renewal or for invoking the action against
such licensee.
C.
Determination shall be made within 15 days from the completion of
the hearing. The supervising officer shall issue an order either incorporating
the determinations and directions contained in the notice, modifying
the same or withdrawing the notice.
[Amended 12-8-1983 by Ord. No. MC-1994]
The Chief License Inspector may provide the licensee or his
agent with a reasonable time, not to exceed 30 days, except where
major capital improvements on any real property are involved, and
then not to exceed 90 days, to comply with any requirements or conditions
relating to the subject matter of the license and to eliminate any
violations of any existing law or ordinance.
[Amended 12-8-1983 by Ord. No. MC-1994]
Where any violation or condition existing with reference to
the subject matter of the license is of such a nature as to constitute
an immediate threat to the public safety or health, the Chief License
Inspector shall have the power to immediately suspend any license
or the operation of the subject matter of the license, or both, or
suspend the license or operation, or both, on a short notice, dependent
upon the immediacy and urgency of the matters in violation.
[Amended 12-8-1983 by Ord. No. MC-1994]
A.
Except where otherwise expressly prohibited by law, any licensee
aggrieved by the final order or decision of the Chief License Inspector
shall have the right, within 10 days after receipt of written notice
of the decision, to appeal such order or decision to the Council of
the City of Camden. The Council of the City of Camden shall thereupon
fix a time and date for hearing and shall afford the licensee an opportunity
to show cause before it, within 30 days from the filing of the appeal,
why the order or decision of the Chief License Inspector should not
be affirmed.
B.
The Council of the City of Camden shall provide notice of the date
and time of the hearing to other interested parties as well as the
Chief License Inspector. Within 10 days after the appeal is heard,
the Council shall issue such directive to the Chief License Inspector
based on the matters elicited at the hearing and shall either affirm,
modify or rescind the action taken thereupon by the supervising officer.
The findings and conclusions of the Council shall be served upon the
licensee in the same manner as service of other notices under this
chapter.
