[HISTORY: Adopted by the Mayor and Council of the Borough
of Bellmawr as indicated in article histories. Amendments noted where
applicable.]
[Adopted 3-16-1972 by Ord. No. 4-72 as Ch. 70, Arts. I and
VI, of the 1972 Code]
The word "person" shall be deemed to mean male, female, individual,
partnership or corporation.
All licenses issued under this article shall be issued by the
Borough Clerk upon payment of the proper fees herein set forth, provided
further that where the approval of any department is required, said
approval must be received in writing by the Borough Clerk before the
license shall issue.[1]
Licenses may be revoked by the Mayor and Council for violations
of the terms of this article or the rules and regulations of the various
departments thereof, for good cause, upon complaint, due notice and
hearing. Such revocations shall not relieve the licensee from any
penalties herein provided.
Except where otherwise specifically provided, no license issued
hereunder shall be transferable.
All applications shall be made to the Borough Clerk.
All licenses shall set forth the name of the licensee, the premises
licensed, the number thereof, the purpose for which licensed, the
fee for the license and the date of expiration.
A.
Nothing herein contained shall be construed as requiring the Salvation
Army or any other religious, educational or charitable organization
to obtain any license.
B.
No license fee shall be required for any public exhibitions or entertainments
the proceeds of which are to be devoted exclusively to religious,
educational or charitable purposes.
All licenses shall be prominently displayed at all times and
in full view in the establishment or place of business licensed.[1]
All license fees must be paid in advance.
On all applications and licenses hereinabove set forth, the
license fee shall be reduced by 1/2 if application is made after July
15 in any calendar year.
Any person violating any provision of this article shall, upon
conviction thereof, be subject to a fine not exceeding $2,000 or imprisonment
in the county jail for a term not exceeding 90 days or a period of
community service not exceeding 90 days, or any combination thereof,
in the discretion of a court of competent jurisdiction. Each and every
day that such violation shall continue shall be a further and separate
offense under the terms of this article, subject to the penalties
herein prescribed.
Whenever the convicted violator of any provision of this article
is a firm or corporation, the applicable penalty clause shall be read
as not including imprisonment, except where such penalty is ordained
to be imposed upon an officer, manager or employee of such firm or
corporation.
[Adopted 3-16-1972 by Ord. No. 4-72 as Ch. 73 of the 1972
Code]
No person or business entity shall engage in or carry on any
business, trade or calling in the Borough of Bellmawr or aid or assist
an employee, clerk or otherwise in carrying on such business or in
using any stand, store or other place or thing or sell or offer for
sale any goods or things for which a license is required by the terms
of this article, unless a license as herein provided for shall have
been first obtained therefor by said person or business entity engaging
in said business, trade or calling.
[Amended 1-26-1978 by Ord. No. 1:2-78]
An application for a license shall be obtained from the Municipal
Licensing Officer of the Borough of Bellmawr, Bellmawr, New Jersey,
and the application for a license, when completed, shall specifically
name the person, firm or entity to which the license is to be granted
and the location at which such business or occupation is to be carried
on. The application, when completed, shall further provide detailed
information respecting such person, firm or entity and said business
or occupation.
[Amended 1-26-1978 by Ord. No. 1:2-78]
A.
All new businesses shall submit the completed application to the
Municipal Licensing Officer of the Borough of Bellmawr, who shall
forward this application to the Planning Board of the Borough of Bellmawr,
at which time investigation shall be made, as deemed necessary by
the Planning Board of the Borough of Bellmawr. The Planning Board
of the Borough of Bellmawr may conduct a hearing respecting said application
and shall forward any recommendations respecting said application
to the Borough Council of the Borough of Bellmawr. No mercantile license
shall be issued except pursuant to the authorization of the Borough
Council of the Borough of Bellmawr.
B.
All persons, firms or entities presently in existence and required
to be licensed in the Borough of Bellmawr shall apply for such license
prior to June 1, 1973.
[Amended 1-26-1978 by Ord. No. 1:2-78]
All renewal license fees shall be due and payable to the Municipal
Licensing Officer of the Borough of Bellmawr at his office in the
Borough of Bellmawr, New Jersey, on the first day of June of each
year, and all such licenses shall expire on the first day of June
following such payment.
[Amended 4-27-1978 by Ord. No. 3:6-78[1]]
The license fees to be paid annually, as above provided, to the Borough of Bellmawr for conducting any businesses, trades, professions or occupations at the places designated in the license certificate issued therefor shall be as provided in Chapter 210, Fees.
No person or persons shall be allowed to transact any business
under any license granted under this article except the business for
which said license was specifically granted.
A.
No license shall be issued to any person or entity which has not
complied with the laws of the State of New Jersey or the ordinances
of the Borough of Bellmawr providing regulations respecting the safety
of the persons who may have occasion to use the premises, place or
thing licensed, and in case any person licensed fails to comply with
such laws and ordinances after due notice and opportunity to be heard,
the Borough Council may revoke such license.
B.
No license provided for by this article shall be transferred from
one person to another person, and no license shall cover any other
place of business than that for which it was issued.
A.
This article shall not apply to orders taken out of this Borough
or to soliciting of orders by wholesale dealers from retail dealers
or to deliveries by wholesale dealers to retail dealers or to the
sale or delivery of newspapers, magazines or periodicals.[1]
B.
This article shall not apply to any corporation authorized to transact
business by the Department of Banking and Insurance of the State of
New Jersey or to any corporation authorized to transact business by
any department of the government of the United States or to any person
licensed to transact business by the State of New Jersey or any department,
board or commission thereof or to public utilities.
The Clerk of the Borough of Bellmawr shall turn over all said
license fees collected by him to the Borough Chief Financial Officer.
Any person, firm, association or corporation violating any section
of this article shall, upon conviction before the judge or other officer
having jurisdiction, be subject to a fine not exceeding $2,000 or
imprisonment in the county jail for a term not exceeding 90 days or
a period of community service not exceeding 90 days, or any combination
thereof, in the discretion of the judge of the court where the violation
has been heard. Any repetition of any violation of this article shall
be deemed a new offense.
