[HISTORY: Adopted by the Mayor and Council
of the Borough of Folsom 9-18-2003 by Ord. No. 7-2003[1]. Amendments noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 147.
[1]
Editor's Note: Section 13 of this ordinance
stated that all businesses shall have until 3-31-2004 to obtain an
initial license.
This chapter shall be entitled "Mercantile License."
The purpose and intent of this chapter is to
establish a mercantile license requirement for the public health,
safety and welfare of the Borough of Folsom, through the regulation
of businesses operating within the Borough.
It shall be unlawful for anyone to engage in
or carry on any business within the Borough of Folsom without having
first complied with the provisions of this chapter by obtaining a
license as provided herein. For purposes of this chapter, a "business"
shall include any commerce, manufacturing or service of a profit-seeking
enterprise or concern, with the exception of those businesses, trades,
callings and vocations for which licenses or certificates have been
issued by any department, board, commission or other agency of the
State of New Jersey. Nothing in this chapter shall apply to or require
the obtaining of a license by any charitable or religious society
or benevolent association not for profit.
A.
Applications for all licenses required by this chapter
shall be made in writing to the Borough Clerk/Municipal Administrator.
Each application shall contain the following information:
(1)
The name and address of the applicant and, if a corporation,
partnership or other business entity, the names and addresses of the
officers, partners or other principals;
(2)
The name under which the business is to be conducted
and the address at which business is to be conducted;
(3)
The specific nature of the business;
(4)
The residence of the applicant or, if applicable,
its principals during the past five years;
(5)
Whether or not the applicant or, if applicable, its
principals has ever had a license to conduct the same or a similar
business denied or revoked. If such license has been previously denied
or revoked, the applicant shall set forth in detail the facts leading
to such denial or revocation;
(6)
The details of any conviction of crimes of the first,
second, or third degree, the date of the conviction and the place
where said conviction was obtained;
(7)
The business telephone number of the applicant and
a home telephone number or numbers where someone may be contacted
in the event of an emergency;
(8)
If a corporation, partnership or other business entity,
the name and address of the registered agent or other contact.
B.
The application shall contain a certification that
the statements made in connection with the application are true and
that the applicant makes such statements to induce the Borough to
issue a license covering the applicant's business and that the applicant
agrees to comply with all laws and ordinances of the Borough applicable
to such business.
The Borough Clerk/Municipal Administrator is
authorized to prepare and adopt appropriate forms to be utilized to
carry out this chapter.
All licenses shall terminate and expire the
31st day of December of each year. However, licenses initially issued
during the year 2003 shall not expire until December 31, 2004.
[Amended 3-9-2021 by Ord. No. 01-2021]
All licenses shall be renewed by January 15
following such termination.
No license shall be issued for the conduct of
any business if the business, including the premises and building
to be used for the business, do not fully comply with the requirements
of the Borough. Further, it shall be a condition of any license that
the business be used and operated only for lawful purposes. In no
event shall a license be issued nor shall a license be renewed if
the applicant is the owner of the real estate upon which the business
is to be conducted and there are any property taxes, assessments or
any other fees due to the Borough.
[Amended 3-9-2021 by Ord. No. 01-2021]
An annual fee of $50 shall be paid to the Borough.
An additional fee of $25 shall be paid to the Borough for any application
submitted after January 31.
[Amended 5-20-2004 by Ord. No. 9-2004]
Any person violating any of the provisions of
this chapter shall, upon conviction in the Municipal Court, be punished
for each offense by a fine of not less than $100, nor more than $1,250,
or imprisonment for up to 90 days, or a period of community service
not exceeding 90 days, or any combination thereof. In addition, any
license issued under this chapter may be revoked by the Borough Council
after due notice and opportunity to be heard for any violation of
any provision of this chapter.
Any license may be revoked by the Borough Council
after notice and a hearing for any of the following causes:
A.
Fraud or misrepresentation in the application for
a license;
B.
Fraud, misrepresentation or other dishonesty in the
conduct of the business;
C.
A violation of any provision of this chapter;
D.
Conduct of the business, 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.
