[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.
C. The Sanitary and Health Codes of the Town of Belvidere.
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.