[HISTORY: Adopted by the Town Council of the Town of Belvidere 5-3-1982 by Ord. No. 82-24 (Ch. 81 of the 1987 Code). Amendments noted where applicable.]
This chapter is deemed necessary and proper for the health, safety and protection of persons and property in the Town of Belvidere and is passed for regulating the businesses subject to this chapter in the public interest.
As used in this chapter, the following terms shall have the meanings indicated:
BUSINESSES
Includes all kinds of vocations, occupations, enterprises, establishments, entertainment facilities and all other kinds of activities and matters over which the general laws and statutes of this state confer the power to license and regulate upon a municipality, together with all devices, machines, vehicles and appurtenances used therein.
It shall be unlawful for any person, either directly or indirectly, when a subsisting license therefor is required by ordinance or state law, to without such license:
A. 
Sell any goods or solicit any service.
B. 
Solicit business or offer goods or services for sale or hire.
C. 
Engage in any activity or perform any act connected therewith.
D. 
Permit any premises owned by him or under his control or possession to be used for any activity subject to licensing.
Any person engaged in any business, activity or enterprise in the Town subject to any licensing requirement shall be personally responsible for compliance with this chapter. Prior to the issuance of any license to a person not residing within the State of New Jersey or a person not actually operating said business within the Town, said applicant shall appoint an agent within the State of New Jersey upon whom process may be served and shall furnish the issuing officer with said agent's name and post office address within this state. In the event of a change of agent or a change of address of said agent, the licensee shall forthwith notify the issuing officer. All such appointments of agents shall be accepted in writing by the agent. In the event that any licensee fails to notify the issuing officer of a change in agent, or in the event that the agency is terminated during the term of the license, the license shall be suspended until a new appointment is made.
The Town Clerk shall have the following duties:
A. 
Receive applications for all licenses and refer the same to the Town Council for review and processing. The Town Council shall make the determination as to issuance of licenses or refusal to issue same.
B. 
Keep all records pertaining to licenses, licensees and agents.
Prior to issuing a license, the Town Council shall examine the qualifications of any applicant for a license or renewal thereof to determine if the said applicant (or licensee) would conduct the activity in a lawful manner and in accordance with the general laws and statutes of the state and ordinances of the Town of Belvidere and shall be guided in making its determination by the following factors, which shall be the standards upon which the determination of the Town Council shall be based:
A. 
The Land Use and Development Ordinance of the Town of Belvidere.[1]
[1]
Editor's Note: See Ch. 49, Land Use Procedures; Ch. 318, Land Development; and Ch. 505, Zoning.
B. 
The Building Code.[2]
[2]
Editor's Note: Building construction is now regulated under the State Uniform Construction Code Act, N.J.S.A. 52:27D-119 et seq.
C. 
The Sanitary and Health Codes of the Town of Belvidere.[3]
[3]
Editor's Note: See Ch. 278, Food-Handling Establishments.
D. 
Any and all general laws and public health statutes and codes of the State of New Jersey applicable to municipalities and other Town ordinances.
E. 
Existence of any convictions of any crimes, the reasons therefor and the demeanor of the applicant subsequent thereto.
F. 
Whether the conduct of the subject matter of licensing, or proposed conduct thereof, would be injurious to public safety or morals.
G. 
Whether the facility creates or will create unreasonable interference with traffic.
H. 
Whether the facility, by reason of the nature of its operation, attracts undesirable persons and causes congregations giving rise to commission of criminal offenses, disorderly persons, acts, acts of juvenile delinquency or municipal ordinance violations on or about the premises or activity licensed.
I. 
The license history of the applicant, whether such person in previously obtaining a license in the Town or any other municipality has had such license rejected or suspended and the reasons therefor and the demeanor of the applicant subsequent to such actions, the timeliness of past applications for licenses and the applicant's continued compliance with all license requirements after having been granted any previous licenses.
J. 
Such other factors relevant to the general personal history of the applicant as may be necessary to a fair determination of the eligibility of the applicant to conduct the licensed activity.
Before any license is issued for any business activity in the Town, the applicant shall submit, with his application, a certification from the Town Tax Collector which shall certify that there are no unpaid real estate taxes or assessments on real estate for the premises wherein said business is to be conducted and that there are no unpaid business, personal property taxes due from the applicant.
The applicant for the renewal of a license shall submit an application for such license to the Town Clerk on forms provided by him. The application for a renewal license shall require the disclosure of such information concerning the applicant's demeanor and conduct in the operation of the applicant's business during the proceeding licensing period and such other information as is reasonably necessary to the determination by the Town Clerk of the applicant's eligibility for a renewal license. The fee for renewal of any license shall, unless otherwise provided by ordinance, be the same as the original fee for such license. All license renewal applications and fees must be submitted to the Town Clerk no later than December 31 preceding the year due.
A. 
No person shall carry on any business as hereinbefore outlined without having obtained a license therefor. Unless hereinafter specified or provided for in other sections of the Code of the Town of Belvidere, the license fee shall be $25.
[Amended 12-17-2007 by Ord. No. 2007-18]
B. 
Any fee in connection with any license shall be paid to the Town Clerk at the time of the filing of the application.
No license fees shall be required for any event or business which is conducted, sponsored or operated on the premises of any school, church, volunteer fire company, first aid squad, veterans organization or private club within the Town of Belvidere for the benefit of any such organization.
A. 
All persons shall keep any registration issued under the provisions of this chapter posted in a conspicuous part of the place of business and produce and exhibit the registration when requested by any authorized person.
B. 
All licensees shall permit inspection of the licensed premises at reasonable hours by authorized persons.
A. 
Any license issued under this chapter may be suspended or revoked for false statements contained in the application, for violation of any of the provisions of this chapter or other Town ordinances or laws of the State of New Jersey, for commission of a crime or maintenance of a nuisance on the licensed premises or in the operation of the licensed business or for any other just cause.
B. 
Licenses shall not be revoked or suspended until a hearing is held by the Town Council. Written notice of the time and place of hearing shall be given to the licensee at least 10 days prior to said hearing. A license so revoked shall not be reissued except for good and sufficient reasons shown by the applicant. Notice shall be deemed sufficient if mailed by certified mail to the address of the licensed premises shown on the most recent annual license application or if served personally upon anyone in charge of the licensed premises during normal hours of business. At the hearing, the Town Council shall allow the licensee the opportunity to answer and be heard, and the Council, after due consideration, may dismiss the complaint or revoke or suspend the license. In the event that the Chief of Police determines that said licensee is violating this chapter and it would be detrimental to the health, safety and welfare of the residents of the Town to permit the operation of the licensee's activity until notice of a formal hearing can be given said licensee, he may suspend said license until the next regularly scheduled meeting of the Town Council, when the Council will act in accordance with this section.
In the event that the Town Council refuses to issue a license, any aggrieved applicant may appeal to the Town Council for the issuance of said license by notifying the Council in writing within five days of the date of denial of the license by the Town Council, requesting that said applicant be heard by the Council in regard to the issuance of said license. Upon receiving such notification from any aggrieved applicant, the Town Council shall schedule a date for a hearing within 20 days of the date of the request, at which time the applicant shall have the right to present evidence to the Council showing that he is entitled to said license. The Council shall consider all factors required under the terms of this chapter and issue its ruling within 15 days of the date of said hearing.
Any person who violates any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not exceeding $500 or imprisonment in the county jail for a period not exceeding 30 days, or both. Each day that any of the provisions of this chapter shall be violated shall constitute a separate offense.