[HISTORY: Adopted by the Township Committee
of the Township of Manalapan 10-27-1993 by Ord. No. 93-30 as Ch. 135 of the 1993
Code. Amendments noted where applicable.]
GENERAL REFERENCES
Alarm system permits — See Ch. 52.
Alcoholic beverage licenses — See Ch. 55.
Amusement device licenses — See Ch. 58.
Auction permits and licenses — See Ch. 68.
Development permits — See Ch. 95.
Floodplain development permits — See Ch. 113.
Junkyard licenses — See Ch. 132.
Charitable clothing bins — See Ch. 82.
Licensing of massage parlors — See
Ch. 144.
Mass gathering special permits — See Ch. 147.
Parade permits — See Ch. 159.
Peddling and soliciting permits — See Ch. 169.
License for dealers in precious metals and gems — See Ch. 173.
Soil erosion permits — See Ch. 192.
Soil removal permits — See Ch. 195.
Swimming pool permits — See Ch. 208.
Taxicab licenses — See Ch. 211.
Licensing of towers — See Ch. 216.
Board of Health licenses and permits — See
Part III.
Unless otherwise provided by this Code or state
statute, it is intended that this chapter shall govern the procedures
for the issuance, renewal and revocation of licenses and/or permits
issued by the Township of Manalapan.
A.
An application for a license shall be made to the
Township Clerk, on forms provided by him, and accompanied by the required
license fee. The application shall contain the following information:
(1)
The name and permanent and local address of the applicant;
if the applicant is a corporation, the name and address of its registered
agent.
(2)
If the licensed activity is to be carried on at a
fixed location, the address and description of the premises.
(3)
If a vehicle is to be used, its description, including
the license number.
(4)
If the applicant is employed by another, the name
and address of the employer, together with credentials establishing
the exact relationship.
(5)
The length of time for which the right to do business
is desired and the days of the week and hours of the day during which
the licensed activity will be conducted.
(6)
A description of the nature of the business and the
goods, property or services to be sold or supplied.
(7)
A statement as to whether the applicant or any of
its agents, servants and employees have been arrested for or convicted
of any crime or the violation of any municipal ordinance other than
traffic offenses and, if so, the date and place of arrest, the nature
of the offense, the disposition and the punishment or penalty imposed.
(8)
Appropriate evidence as to the good character and
business responsibility of the applicant so that an investigator may
properly evaluate his character and responsibility, if necessary.
B.
The applicant shall be fingerprinted if the Chief
of Police determines that fingerprints are necessary for proper identification.
Fingerprint records shall be immediately processed for classification
and identification.
C.
Applications by partnerships shall be signed by all
partners with the information required by this section supplied in
detail as to each partner, and applications of corporations shall
have attached individual statements containing all of the information
required by this section relating to each employee or agent who shall
engage in the licensed activity and shall be signed by each employee
or agent.
D.
Two photographs not over one year old, showing the
applicant's face, front and profile, of a minimum size of 1 1/2
inches by 1 1/2 inches, shall be affixed to the application.
The Township Clerk shall issue all licenses
upon the completion of all requirements for the appropriate license.
In the event of the refusal of a license, the applicant may appeal
to the Township Committee for a hearing. The appeal must be filed,
in writing, with the Clerk within 14 days after notification of the
refusal. The Committee shall hold its hearing within 10 days thereafter,
and its decision shall be final.
The Township Clerk shall keep a record of all
licenses issued under this chapter. The record shall be in the form
and shall contain such information as the Township Committee may require
by resolution.
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 person
with whom he is doing business.
A license shall apply only to the person to
whom it is issued and shall not be transferable.
Except where expressly provided otherwise, all
licenses shall expire on December 31 of the year of issue at 12:00
midnight. Applications for renewal of licenses shall be made not later
than December 1 of the year of 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:
A.
Fraud or misrepresentation in any application for
a license or permit.
B.
Fraud, misrepresentation or other dishonesty in the
conduct of the licensed activity.
C.
A violation of any provision of this Code.
D.
Conviction of the licensee for any felony or high
misdemeanor or a misdemeanor or disorderly person's offense involving
moral turpitude.
E.
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.
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 on 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 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 Committee may issue another license to a
person whose license has been revoked or denied 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.
