[HISTORY: Adopted by the Township Committee of the Township of Deerfield 2-15-1984 by Ord. No. 1984-1 as Ch. 81, Art. I, of the 1984 Code. Amendments noted where applicable.]
The purpose of this chapter is to provide a uniform set of procedures for administering the issuance, renewal and revocation of all licenses issued by the Township, except alcoholic beverage licenses, dog licenses and taxicab licenses, and except as may be specified otherwise or provided elsewhere in this chapter.
All applications for licenses shall be accompanied by the required fee and shall be made to or through the Township Clerk upon forms provided by him.
[Amended 7-15-1992 by Ord. No. 1992-3]
Each application shall be referred to the Township Clerk, who shall immediately institute whatever investigation of the applicant's business responsibility, moral character and ability to properly conduct the licensed activity the investigator considers necessary for the protection of the public. The investigator shall communicate his findings in writing to the Township Committee within a reasonable time after the application has been filed. If the investigator decides with good cause that the applicant's character, ability or business responsibility is unsatisfactory or the products or activities are not free from fraud, he shall so report to the Township Committee, and the Committee shall refuse to issue the license and shall so notify the applicant. Otherwise, the Township Committee shall issue the license immediately, provided the required license fees have been paid to the Township Clerk and except in those cases where approval of the Township Committee or some other Township official is a prerequisite. In the case of an application for a solicitor's, peddler's or canvasser's license, the license may be issued immediately, subject to the investigation. In the event of the refusal of the issuance of a license, the applicant may appeal to the Township Committee for a hearing. The appeal must be filed within 14 days after notification of the refusal. The Township Committee must hold its hearing within 10 days thereafter, and its decision shall be final.
Licenses shall be in a form which the Township Committee shall prescribe by resolution.
The Township Clerk shall keep a record of all licenses issued under this chapter. The record shall be in a form prescribed by resolution of the Township Committee.
When the licensed activity is conducted at a fixed location or from a vehicle, the license shall be prominently displayed at the location or on the vehicle. In all other cases the licensee shall have the license in his possession at all times and shall display it upon the request of any police officer or any person with whom he is doing business.
Except as otherwise provided, a license shall apply only to the person to whom it was issued and shall not be transferable to another person. Licenses may be transferred from place to place in cases where the licensed activity is conducted at a fixed location, but only with the approval of the Township Committee by resolution. The fee for the transfer of a license from place to place shall be $5.
Except where expressly provided otherwise, all licenses shall expire at 12:00 midnight on December 31 of the year of issue. Applications for the renewal of licenses shall be made not later than December 1 of the year of issue.
When an application for a license is made during the course of any calendar year, the fee shall be prorated to the nearest month. Any period of time greater than 1/2 a month shall be considered as a full month for this purpose.
Any license or permit issued by the Township may be revoked by the Township Committee, after notice and a hearing, for any of the following causes:
Fraud or misrepresentation in any application for a permit or license.
Fraud, misrepresentation or other dishonesty in the conduct of the licensed activity.
A violation of any provision of this chapter.
Conviction of the licensee for any felony or high misdemeanor or a misdemeanor or disorderly person's offense involving moral turpitude.
Conduct of the licensed activity, whether by the licensee himself or his agents or employees, in an unlawful manner or in a manner that constitutes a breach of the peace or a menace to the public health, safety or general welfare.
Whenever a license has been issued immediately upon an application, pending the results of the investigation provided for by this chapter, such license may be summarily revoked if the result of the investigation is such as would have resulted in denial of the application.
It shall be unlawful for any person to transact any business for which a license has been issued except the business for which such license was specifically granted.
Notice of a hearing for the revocation of a license or permit shall be given in writing by the Township Clerk. The notice shall specifically set forth the grounds upon which the proposed revocation is based and the time and place of the hearing. It shall be served by mailing a copy to the licensee at his last known address by certified mail, return receipt requested, at least five days prior to the date set for the hearing.
At the hearing the licensee shall have the right to appear and be heard, to be represented by an attorney, to present witnesses in his own behalf, to cross-examine opposing witnesses and to have a permanent record made of the proceedings at his own expense. The Township Committee shall revoke or suspend the license if it is satisfied by a preponderance of the evidence that the licensee is guilty of the acts charged.
The Township Committee may issue another license to a person whose license has been revoked or denied as provided in this chapter if, after hearing, it is satisfied by clear and convincing evidence that the acts which led to the revocation or denial will not occur again; otherwise, no person whose license has been revoked or denied, nor any person acting for him, directly or indirectly, shall be issued another license to carry on the same activity.
The Township Committee may, by resolution, make rules and regulations which interpret or amplify any provision of this chapter or for the purpose of administering the provisions of this chapter or making them more effective. No regulation shall be inconsistent with or alter or amend any provision of this chapter, and no regulation shall impose any requirement which is in addition to or greater than the requirements that are expressly or by implication imposed by any provision of this chapter.