[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,[1] 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.
A.
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.
B.
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.
A.
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:
(1)
Fraud or misrepresentation in any application for a permit
or license.
(2)
Fraud, misrepresentation or other dishonesty in the conduct
of the licensed activity.
(3)
A violation of any provision of this chapter.
(4)
Conviction of the licensee for any felony or high misdemeanor
or a misdemeanor or disorderly person's offense involving moral turpitude.
(5)
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.
B.
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.
C.
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.
