City of East Orange, NJ Article II Administration

§ 170-8 (Reserved) [1]

[1] Editor's Note: Former § 170-8, Designation of issuing officer, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 170-9 Duties of issuing officer.

The issuing officer shall have the following duties:

A. Receive applications for all licenses and refer the same to the supervising officer for review and processing.

B. After receipt of all fees and charges, issue all licenses and renewals thereof as directed by the supervising officer.

C. Secure, prior to the issuance of any license or renewal thereof, where applicable, certification of the Tax Collector that municipal taxes pertaining to the license have been paid.

D. Keep all records pertaining to licenses, licensees and all agents appointed by any licensee.

E. Relay to the supervising officer information pertinent to the license, licensee or applicant submitted to the issuing officer.

F. Aid the supervising officer in the preparation of application forms, regulations governing license and application procedure and instructions to licensees as to procedures for securing licenses, and provide upon request such forms or instructions to persons seeking the same, as well as any rules and regulations issued by the supervising officer pertaining to such licenses.

§ 170-10 Duties of supervising officer.

The supervising officer, as designated by ordinance or as appointed by the Mayor, shall have the following duties and responsibilities:

A. Establish, with the aid of the issuing officer, the application forms for issuance and renewals of all licenses, including, where desired, a requirement that the application be executed under oath, and procedures for processing which shall minimize duplication and trafficking of documents and permit the supervising officer to review all matters pertaining to the license prior to determining any action to be taken thereon.

B. Review all applications referred to him by the issuing officer and make such referrals and investigations and hold such hearings as may be necessary to determine the suitability of the applicant in accordance with the standards set forth in this chapter and that the subject matter of the license complies with applicable state laws and City ordinances and rules and regulations promulgated thereunder, and issue such directives as may be appropriate to the issuing officer concerning the issuance of any license or renewal thereof.

C. Coordinate the efforts of all reporting officers and other personnel concerned with and responsible for provisions governing the subject matter of the license, and establish such procedures and initiate such meetings as may be necessary from time to time to accomplish the same.

D. Supervise the enforcement of this chapter, including the issuance of notices of violations where required, holding of hearings and determination of suspension or revocation of all licenses, and arrange for inspection at such times and with such frequency as is necessary to protect the public and assure compliance with all applicable laws and ordinances.

E. Make such examinations of the books and records of any applicant or licensee as shall be reasonably necessary to the administration and enforcement of the provisions governing the subject matter of licensing.

F. Promulgate in writing such rules and regulations concerning the subject matter of any license needed to refine or detail further the requirements of any provision of this Code or other City ordinance or state law applicable thereto, provided that any such rules or regulations affecting a department or agency not normally under the jurisdiction of the supervising officer shall only be issued with the approval in writing annexed thereto of the head of such department or agency or, if not contrary to state law, by direction of the Mayor.

G. Submit to the Mayor and the City Council, as required and requested, such reports on the operation of the licensing regulations as may be desired from time to time.

H. In accordance with the duties herein set forth and after the conduct of such hearings and appeals as may be relative to § 170-25, the supervising officer shall, within 30 days, issue a directive relating to the disposition or renewal of the license.

§ 170-11 Reporting officers.

The supervising officer shall arrange for and receive reports from other City departments, agencies and personnel, to be designated as reporting officers, with regard to other licensing provisions of this Code or any other licensing ordinance, and he may further delegate, with the consent of the respective department head, such other and further duties in the investigation and enforcement of licenses as may be more appropriately conducted by the personnel of some department other than that of the supervising officer.

§ 170-12 Reports from Chief of Police.

A. The supervising officer may, prior to taking any action with reference to a license, request a report from the Chief of Police, or the Chief of Police may, on his own initiative, submit any report on an existing or contemplated licensed operation, service or facility, which report shall contain information as to whether:

(1) The conduct of the subject matter of licensing, or proposed conduct thereof, would be injurious to public health, safety or morals.

(2) The facility creates or will create unreasonable interference with traffic.

(3) 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 act offenses, acts of juvenile delinquency or violations, on or about the premises or activity licensed, of this Code and other City ordinances.

B. The Chief of Police shall thereupon report the same in writing, with the grounds therefor and his recommendations, to the supervising officer. Before denying any application or license renewal or suspending or revoking any license pursuant to such report, the supervising officer shall provide a copy of such report to the licensee or applicant for a license and provide such person and the Chief of Police with notice and opportunity for a hearing thereon pursuant to § 170-25 and make findings thereon and take action in accordance with the procedures set forth in this chapter.