[HISTORY: Article I adopted by the Township Committee (now Township Council) of the Township of Pohatcong as indicated in the article history. Subsequent articles adopted by the Township Council of the Township of Pohatcong as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 112.
Peddling and soliciting and transient merchants — See Ch. 208.
Zoning — See Ch. 285.
[Adopted 11-7-1989]
It shall be unlawful for any person, firm or corporation to conduct, engage in or carry on any business, trade, occupation or activity as enumerated in this article within the Township of Pohatcong, New Jersey, without having first complied with the provisions of this article and obtained a license therefor as is herein provided.
A. 
Applications for all licenses required by this article shall be made, in writing, to the Township Clerk. Each application shall contain the following information, in the suggested format:
(1) 
The name under which the business is to be conducted.
(2) 
The name of the applicant. (If a corporation, give the names and addresses of the President and the Secretary; if a partnership, give the names and addresses of all parties.)
(3) 
The present residence.
(4) 
The address of the business to be conducted.
(5) 
The nature of the business.
(6) 
The residence of the applicant during the past five years (if individual) or the principal place of business during the past five years (if a corporation or partnership).
(7) 
A statement that the applicant has never had a license to conduct the business herein described denied or revoked, except as noted.
(8) 
Details of any arrests or convictions for misdemeanors and crimes (if an individual) or of principal officers (if a corporation or partnership), including the nature of the offenses for which arrested or convicted, the date of conviction and the place where said conviction was obtained.
(9) 
The business telephone number of the applicant.
(10) 
The name and address of the attorney, if applicable.
(11) 
The name and address of the registered agent, if the applicant is a corporation.
(12) 
The home phone number where the owner and/or his agent may be reached in the event of emergency.
B. 
The undersigned makes the statements above to induce the Township of Pohatcong to issue the license applied for and agrees to comply with all laws and ordinances of the Township applicable to the subject matter thereof.
[Amended 6-12-1990; 10-15-2013 by Ord. No. 13-12]
The licensing requirements of this chapter shall be applicable to the following businesses:
A. 
Any business for which the principal place of business or headquarters is located outside of the Township of Pohatcong.
B. 
Any business that maintains a registered agent that is located outside the Township of Pohatcong.
Forms for all licenses and applications therefor shall be prepared and kept on file by the Township Clerk.
Each license issued shall bear the signature of the Township Clerk in the absence of any provision to the contrary.
Upon receipt of an application for a license, the Township Clerk shall refer such application to the proper officers for making such investigation. The officers charged with the duty of making the investigation or inspection shall make a report thereon, favorable or otherwise, within 15 days after receiving the application or a copy thereof. The Health Officer shall make or cause to be made an inspection in regard to such licenses in the connection of the care and handling of food and the preventing of nuisances and the spread of disease, for the protection of health. The Construction Code Official shall make or cause to be made any such inspections relative to the construction of buildings or other structures. The Zoning Officer shall make the appropriate zoning inspection. All other investigations, except where otherwise provided, shall be made by the Chief of Police or his designee.
All licenses shall be approved by motion of the Township Committee.[1] The Committee shall examine the qualifications of any applicant for a license or renewal thereof to determine whether said applicant or licensee has complied with the general laws and statutes of the state and the ordinances of the Township of Pohatcong, and said Township Committee shall be guided in making its determination by the following standards:
A. 
The Zoning Ordinance of the Township of Pohatcong.[2]
[2]
Editor's Note: See Ch. 285, Zoning.
B. 
The Building Code.
C. 
The Sanitary Code.
D. 
The Fire Prevention Code.
E. 
The reports of all municipal officers required under this article.
F. 
Other general laws and public health statutes and codes of the State of New Jersey applicable to this municipality.
G. 
The license history of the applicant regarding past violations, rejections or suspensions and the timeliness of past applications for licenses and the applicant's continued compliance with license requirements.
H. 
Proof of payment of all fees and taxes due up to the time of the application.
[1]
Editor's Note: Now Township Council.
A. 
In the absence of provisions to the contrary, all fees and charges for licenses shall be paid in advance at the time application therefor is made to the Township Clerk. Except as otherwise provided, all license fees shall become a part of the general Township treasury.
B. 
Where the licensee is engaged in more than one activity as enumerated in this article, at the same location, which may be subject to more than one fee, said licensee shall be required to pay that fee which would be charged for the activity assessed the highest fee.
All annual licenses shall terminate and expire on the 31st day of December each year. In the event of a termination or closing of a business or a moving of the business to a location outside the Township of Pohatcong, the holder of the license shall notify the Township Clerk of such termination or relocation no less than 20 days prior to the effective date of the termination or change of location. The change of location as set forth in this section is to apply only to those changes of location whereby the business is moving beyond the boundary lines of the Township of Pohatcong.
No license shall be issued for the conduct of any business if the premises and building to be used for the purpose do not fully comply with the requirements of the Township.
The location of any licensed business or occupation or of any permitted use may be changed, provided that 10 days' notice thereof is given to the Township Clerk and approval is granted by the governing body, and provided that the requirements of this article are complied with.
No business, licensed or not, shall be so conducted or operated as to amount to a nuisance in fact.
Whenever inspections of the premises used for or in connection with the operation of a licensed business or occupation are provided for or required by ordinance or are reasonably necessary to secure compliance with any ordinance provision or to detect violations thereof, it shall be the duty of the licensee or the person in charge of the premises to be inspected to admit thereto for the purpose of making the inspection any officer or employee of the Township who is authorized or directed to make such inspection at any reasonable time that admission is requested.
The Township Committee[1] of the Township of Pohatcong has the right to revoke any license whenever the holder thereof or any of the licensee's agents or servants violate any provision of this article or any other appropriate ordinance of the Township of Pohatcong, the laws of the State of New Jersey or any rules or regulations promulgated as herein provided. Prior to the revocation of a license, a notice of the contemplated action of the Township Committee shall be served upon said licensee, setting forth such charges as may be the reason for said proposed revocation and the place, date and hour when the Township Committee will hear the matter. The licensee may be represented by counsel at such hearing.
[1]
Editor's Note: Now Township Council.
Licenses issued under this article shall be posted at the place of business shown on said license in a conspicuous place. Said license shall remain posted for the duration of the licensing year when issued and so long as the licensed business is in operation.
[Amended 11-7-2006 by Ord. No. 06-27]
A. 
The license fees to be paid annually, unless otherwise specified, as hereinbefore provided, to the Township of Pohatcong, for conducting or engaging business, trade, or activity at the place designated in the license certificate shall be as follows:
Building Size
(square feet)
Fee
Up to 1,000
$50
1,000 to 4,000
100
4,000 to 8,000
150
8,000 to 12,000
200
Over 12,000
250
B. 
The number of square feet for the purposes of this article shall be determined by the exterior measurements of the building or buildings being utilized for the commercial purpose and any and all activities related thereto For any business being conducted pursuant to a sublease or license within an existing building, including but not limited to retail kiosks, the fee shall be established at the minimum set forth in Subsection A.
C. 
Any license that is not renewed for a continuing business by January 10 shall be subject to a late fee of $75. Any license required for a new business that is not obtained within 30 days of the commencement of the business shall be subject to a late fee of $25.
The fees herein imposed for business and mercantile licenses are revenue-producing in nature, but said fees are used primarily in an attempt to cover the costs of inspections of such businesses to ensure compliance with the laws of the state and the ordinances of this municipality. It is the legislative intent of this article to ensure the fact that all businesses of whatsoever kind and wheresoever located in the Township shall be inspected periodically to ensure compliance with the laws aforesaid. In certain instances, there are those businesses which attract unusual amounts of vehicular traffic, necessitating additional regulation and enforcement. These fees provide a reasonable relationship to the costs of regulation and administration.
This article shall not apply to any business or occupation licensed under those various laws of this state which prohibit licensing by municipalities.
[Amended 11-7-2006 by Ord. No. 06-27]
This article shall be enforced by the Pohatcong Township Police Department and any member of the Pohatcong Township Council designated by resolution of the Council as a "Code Enforcement Officer."
[Amended 11-7-2006 by Ord. No. 06-27]
In addition to a late fee to be imposed pursuant to § 179-16C, any individual or entity that conducts business without a license after being noticed of the requirement to obtain the same shall be subject to a minimum fine of $100 and a maximum fine not to exceed $1,250. Any person or entity convicted of violating the provisions of this article within one year of a previous violation shall be sentenced by the Court to an additional fine as a repeat offender which said fine shall be calculated separately from the fine imposed for the violation of the article.
This article shall take effect as of January 1, 1990, after its final passage and publication as provided by law.
[Adopted 6-13-1995]
Prior to the issuance or renewal of any license or permit issued by or requiring the approval of the municipality, said property owner or applicant shall provide to the Township proof that said taxes have been paid or that said taxes are not delinquent for more than the last three consecutive quarters.
The Municipal Clerk, upon notification that taxes on a particular property are delinquent for three or more consecutive quarters, shall notify the governing body of said delinquency and the municipality may revoke or suspend any license or permit which may have been issued on a prior occasion.
Upon the payment of the delinquent tax or assessment, the license or permit shall be restored.
The above ordinance shall not apply to licenses issued pursuant to the Alcoholic Beverage Control Act, N.J.S.A. 33:1-1 et seq.