[HISTORY: Adopted by the Township Committee of the Township of Freehold as indicated in article histories. Amendments noted where applicable.]
Article I General Licensing Requirements
Article II Criminal History Background Investigations
[Adopted by Ord. No. 15 (§ 7-1 of the Revised General Ordinances), as amended through Ord. No. O-98-20]
The purpose of this article 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, dog and taxicab licenses, and except as may be provided elsewhere in the Code of the Township of Freehold.
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. Applications shall contain the information specified by resolution of the Township Committee and may include the following along with any other information deemed necessary or specifically called for by ordinance:
Name and permanent and local address of the applicant. If the applicant is a corporation, the name and address of its registered agent.
If the licensed activity is to be carried on at a fixed location, the address and description of the premises.
If a vehicle is to be used, its description including the license number.
If the applicant is employed by another, the name and address of the employer, together with credentials establishing the exact relationship.
The days of the week and the hours of the day during which the licensed activity will be conducted.
A description of the nature of the business and the goods, property or services to be sold or supplied.
A statement as to whether the applicant has been convicted of any crime or the violation of any municipal ordinance other than traffic offenses and, if so, the date and place of conviction, the nature of the offense, and the punishment or penalty imposed.
Appropriate evidence as to the good character and business responsibility of the applicant so that an investigator may properly evaluate his character and responsibility.
Applications by partnerships shall be signed by all partners with the information required by this subsection supplied in detail as to each partner, and applications of corporations shall have attached individual statements containing all of the information required by this subsection relating to each employee or agent who shall engage in the licensed activity, and shall be signed by each employee or agent.
[Amended 7-10-2007 by Ord. No. O-07-20]
Each applicant for a license shall secure through a private agency a criminal history background check, conducted not more than 14 days prior to the filing of the application. Such criminal history background check must be submitted (as part of the application) directly from the private agency to the Chief of Police. The criminal history background check shall be in sufficient detail and scope to reveal any criminal history recorded with the State Bureau of Identification or with the Federal Bureau of Investigation and to allow the Chief of Police to reach an informed decision as required below.
Each application shall be referred to the Chief of Police, who shall immediately institute whatever investigation of the applicant’s business responsibility, moral character and ability to properly conduct the licensed activity he considers necessary for the protection of the public. He shall communicate his findings to the Township Clerk within a reasonable time after the application has been filed. If the investigator decides that the applicant’s character, ability or business responsibility is unsatisfactory, or the products, services or activity are not free from fraud, he shall disapprove the application, and the Clerk shall refuse to issue the license and shall so notify the applicant. Otherwise, the Township Clerk shall issue the license immediately, provided the required license fees have been paid, except in cases where approval of the Township Committee is required. In the event of the refusal of the issuance of a license, the applicant may appeal to the Township Committee for hearing. The appeal must be filed, in writing, with the Township Clerk within 14 days after notification of the refusal. The Township Committee shall hold its hearing within a reasonable time but not later than 30 days thereafter, and its decision shall be final.
[Amended 11-20-2012 by Ord. No. O-12-21]
Licenses shall be in a form which the Township Committee shall prescribe by resolution, and shall contain the following information:
The name and address of the licensee.
The number and type of the license and the nature of the licensed activity.
The address at which the licensed activity is conducted, if the activity is carried on at a fixed location.
If the licensed activity is conducted from a vehicle, the make, model and license number of the vehicle.
The expiration date of the license.
Any other appropriate information which the Township Committee may require 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 and shall contain the same information as is required by § 195-4 to be contained in the license. It shall also indicate the amount of the fee paid for the license, the date upon which payment was received, the date of the issuance of the license, whether the license is a new license or a renewal, and any other information which the Township Committee may require.
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 Township official, police officer or any person with whom he is doing business.
Licenses shall apply only to the person to whom issued and only to the premises and location stated in the application. A separate license must be obtained for each employee and each separate place of business. License may be transferred only by special permission of the Township.
Except where expressly provided otherwise, all licenses shall expire on December 31, of the year of issue at 12:00 midnight. Applications for the renewal of licenses shall be made not later than December 1 of the year of previous issue.
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 the Code of the Township of Freehold.
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.
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. If a record is made and a copy is requested by the licensee, the licensee shall provide a copy to the Township without charge. 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 article 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.
[Amended 1-29-2013 by Ord. No. O-13-3; 5-31-2016 by Ord. No. O-16-5]
Whenever application is made for issuance, renewal or approval of any license or permit, whether under this chapter or any other provision of the Code of the Township of Freehold, which license or permit relates to any real property within the Township, the license or permit shall issue or be approved only upon condition that any and all delinquent property taxes or assessments on the property where the business or activity is to be conducted are paid in full, unless otherwise approved by the Township Committee. In the event that subsequent to the issuance or approval of any such license or permit the property taxes or assessments shall fall delinquent for three or more consecutive quarters, such license or permit shall be suspended. Upon payment of the delinquent taxes or assessments and a restoration fee equal to 50% of the application fee, the license or permit shall be restored. This provision shall not apply to an alcoholic beverage control license, a food handler's license or to a building permit or certificate of occupancy.
[Adopted by Ord. No. O-98-28 (§ 7-15 of the Revised General Ordinances)]
[Amended 11-20-2012 by Ord. No. O-12-21]
The purpose of this article is to ensure the safety of the Township citizens by requiring background checks, pursuant to N.J.A.C. 13:59-1.1 et seq., of all persons who seek a license to work or act as a solicitor, pursuant to Chapter 288, or taxicab driver within the Township, or who provide limousine services within the Township. It is further the purpose of this article to establish the Township as an "authorized requester" pursuant to N.J.A.C. 13:59-1-1 et seq.
[Amended 11-20-2012 by Ord. No. O-12-21]
The requirements of this article are applicable to any person who seeks a license, or renewal of a license as a solicitor, pursuant to Chapter 288, or as a taxicab driver, pursuant to Chapter 315, or who makes application for a limousine certification, or renewal of such certification, pursuant to Chapter 199.
[Amended 11-20-2012 by Ord. No. O-12-21]
If the applicant for a solicitor's license, pursuant to Chapter 288, has been the subject of a Criminal History Record Information (CHRI) request processed by the New Jersey State Bureau of Identification (SBI) in the Township or another jurisdiction within the last 12 months, he or she may have the results thereof submitted directly to the Township Chief of Police to be processed in accordance with § 195-20. Under such circumstances, no further CHRI request need be processed.
If the applicant for a taxicab license pursuant to Chapter 315 or for a limousine certificate pursuant to Chapter 199 has been the subject of a Criminal History Record Information (CHRI) request processed by the New Jersey State Bureau of Identification (SBI) in the Township or another jurisdiction within the last 24 months, he or she may have the results thereof submitted directly to the Township Chief of Police to be processed in accordance with § 195-20. Under such circumstances, no further CHRI request need be processed.
[Amended 11-20-2012 by Ord. No. O-12-21]
In addition to other requirements for grant of license or certification provided in these revised general ordinances, no person shall be granted a license as a solicitor, pursuant to Chapter 288 or for taxicab drivers, pursuant to Chapter 315, or granted a limousine certification, pursuant to Chapter 199, unless such applicant for license or certification, and all those who will be going door to door in connection therewith (hereafter referred to as "applicant"), shall first authorize a CHRI request to be processed by the SBI, in accordance with N.J.A.C. 13:59-1.1 et seq. This CHRI request shall include both a name search and fingerprint search of the applicant for license or certification.
Fingerprint identification search. Each applicant shall complete and return to the Township Clerk an applicant fingerprint card, provided by the Township Clerk or Township Police Department, pursuant to N.J.A.C. 13:59-1.4(c). Such fingerprinting may be completed by any police enforcement agency within the State of New Jersey. The applicant fingerprint card shall be accompanied by a request for criminal history record information form, which must be completed in its entirety. A check or money order for the appropriate fee shall be stapled to the lower left corner of the applicant fingerprint card
Name identification search. Each applicant to this article shall complete a request for criminal history record information form provided by the Township Clerk, pursuant to N.J.A.C. 13:59-1.4(d). This form must be completed in its entirety and shall contain all the information required to complete the CHRI check, including:
Name of the applicant;
Date of birth of the applicant; and
Social security number of the applicant. Pursuant to the provisions of the Privacy Act of 1974 (P.L. 93-579), the furnishing of social security information is voluntary. However, failure of the applicant to provide this information on the CHRI will result in the denial of the application for license or certification. Social security information provided by the applicant shall be used only for the purposes of processing the request for the CHRI and the application for license or certification.
Authorization for the Township to request the CHRI. Each applicant shall authorize the Township to request the CHRI searches, by signing the bottom of the request for criminal record information form, pursuant to N.J.A.C. 13:59-1.2(b). Failure of the applicant to authorize the Township to obtain the required CHRI shall result in a denial of the application for license or certification.
In addition to the required license application fee, it shall be the responsibility of the applicant to pay all fees required for the CHRI searches, as specified in N.J.A.C. 13:59-1.3. A cashier's check or money order for the prescribed fee shall be stapled to the lower left corner of the applicant fingerprint card. The check or money order shall be made payable to "Division of State Police — SBI."
The results of the CHRI request shall be forwarded to the Township Chief of Police for review, in accordance with § 195-3, §§ 315-4A(1) and 315-5A(2). The results of the CHRI shall be included in the findings submitted by the Chief of Police to the Township Clerk. No presumption of guilt will be attached to, or assumed for, any pending arrests or charges indicated for which there are no final dispositions indicated on the CHRI report. Upon the recommendation of the Chief of Police, the Township Clerk shall deny the application for license presented by the applicant.
If the application for license or certification is denied based upon information contained in the CHRI, no license or certification shall be issued to the applicant, except as provided hereafter. No license or certification shall issue during the applicant's period of appeal or challenge, except, in the case of application for renewal of an existing license or certification, the Township Committee may issue a temporary license or certification for a period not to exceed the time permitted for the applicant to appeal the denial and/or challenge the information contained in the CHRI.
If the application for license or certification is denied due to any information contained in the CHRI, the applicant shall be afforded the following rights:
Right of notification. The Township shall notify the applicant of any information contained in the CHRI report which was a basis for the denial of the application.
Right of appeal to the Township Committee. Any applicant denied a license or certification due to information contained in the CHRI report shall have the right to appeal the denial to the Township Committee within 30 days of the date of denial. Such right of appeal may be extended for no more than 30 additional days, upon a showing of good cause to the Township Committee. Review of the denial by the Township Committee shall be in accordance with procedures established by the Township Committee.
Right to challenge and petition for correction any information alleged to be erroneous. Any applicant for license or certification who is denied or disqualified for such application due to information contained in the CHRI report shall have the right to complete or challenge the accuracy of any information obtained in the CHRI report. The Township Clerk, or local Police Department, shall provide the applicant making such challenge with information concerning the procedures to challenge the information in the CHRI report and any required forms. The applicant shall be given 30 days in which to present the challenge or allegation of erroneous information to the Township Committee. Thereafter, the Township Committee shall make a determination whether or not to extend the time allowed for the applicant to complete the application, to a maximum of 60 days. If the information in the CHRI report is not corrected within the allotted time, the applicant shall be required to submit a new application for license or certification, after such information in the CHRI has been corrected.
Right to have the Township Committee review the corrected information. If, within the authorized time period, the challenged information contained in the CHRI is corrected due to the applicant's petition, the Township Committee shall, at the option of the applicant, review the application in light of the new information in the CHRI and determine whether or not to grant the application. The Township Committee may request an additional review by the Chief of Police. However, if such additional review is requested, the applicant shall have an additional 30 days after review by the Chief of Police in which to bring the application to the Township Committee for approval.
The results of the CHRI shall be maintained in a confidential manner, and no release or dissemination of the results of the CHRI shall be granted, except as authorized by N.J.A.C. 13:59-1.1 et seq. The results of the CHRI shall be used solely for the purpose of determining whether the applicant is fit and qualified for the license or certification requested. The results of the CHRI shall be destroyed, in accordance with the requirements and procedures of N.J.A.C. 13:59-1.1 et seq., after the license applied for has been granted, or within 30 days after the applicant for license has exhausted all rights of appeal if the application for license is denied.
The requirements of this article shall be applicable for each new application for any license or certification identified in § 195-16.
This article is intended to make the Township an "authorized requester," pursuant to N.J.A.C. 13:59-1.1.