City of Hackensack, NJ
Bergen County
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Table of Contents
Table of Contents
A. 
The issuance or renewal of a license or permit may be denied for any of the following reasons:
(1) 
Recommendation of the approving authority, as provided in § 107-7.
(2) 
Failure to comply with the requirements of this chapter, particularly as specified in § 107-10.
(3) 
Failure to comply with any other applicable law, statute, ordinance or regulation.
B. 
The denial of any license or permit and the reasons therefor shall be set forth in writing and a notice thereof given in person or by registered mail to the applicant so denied.
A. 
Licenses or permits issued under the provisions of this chapter may be revoked, or suspended for a specified period of no greater than 90 days, by the licensing authority, City officer responsible for enforcement or by the City Council for any of the following reasons:
(1) 
Fraud, misrepresentation or false statement contained in the application for license or permit.
(2) 
Fraud, misrepresentation or false statement by the licensee or permittee in the course of conducting the business, trade, occupation or activity licensed or permitted.
(3) 
Violation of this chapter or any other law, statute, ordinance or regulation pertaining to the business, trade, occupation or activity licensed or permitted.
(4) 
Conviction of any crime involving moral turpitude.
(5) 
Conducting the business, trade, occupation or activity licensed or permitted in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public.
B. 
Revocation of any license or permit shall be in writing, and the holder of any such license or permit shall be notified either in person or by registered mail sent to the address given in the application. Such notice shall specify the reason or reasons for which the license or permit is being revoked.
C. 
Suspension of any license or permit shall be in writing, and the holder of any such license or permit shall be notified either in person or by registered mail sent to the address given in the application. Such notice shall specify the reason or reasons for which the license or permit is being suspended and the time period for such suspension, and such notice shall also state that said suspension shall automatically become a revocation unless the violation is rectified.
D. 
Pending the reinstatement of any license or permit revoked or suspended under the provisions of this article, the business, trade, occupation or activity licensed or permitted shall not be conducted.
E. 
No license or permit revoked or suspended shall be reinstated until the licensing authority shall have determined that any violation has been rectified. In the event that a violation which was the reason for a suspension is not rectified within the specified time period, such suspension shall automatically become a revocation, provided that the notice of suspension so states.
F. 
No license or permit shall be reinstated after revocation until there is paid to the licensing authority a fee of $5.
Any person aggrieved by denial of a license or permit or by revocation or suspension of a license or permit shall have the right of appeal as follows:
A. 
Manner of appeal; time limit. Appeals from the denial, revocation or suspension of a license or permit shall be taken by the applicant, licensee or permittee, or his duly authorized agent, to the City Council by the filing of a written notice of appeal with the City Clerk within 10 days after notice of denial, revocation or suspension has been given.
B. 
Notice of appeal. The notice of appeal shall be in writing and shall consist of a statement of the following:
(1) 
The action from which appeal is made.
(2) 
The grounds upon which such appeal is being made.
C. 
Time of hearing and notice. Appeals shall be heard by the City Council within 15 days from the time the notice of appeal is filed, notice of the time and place of such hearing being given to the appellant by the City Clerk at least 72 hours prior to the time of such hearing, either in person or by registered mail.
D. 
Conduct of hearing. The appellant shall have an opportunity to be fully heard at the hearing before the City Council and may be assisted or represented by his duly authorized representative or legal counsel. The testimony of witnesses and pertinent City officials may also be heard, as deemed advisable by the City Council.
E. 
Decision on appeal.
(1) 
The City Council shall render its decision on the appeal without delay, and failure to render such decision within 30 days from the date of the hearing on the appeal shall be deemed to be decided favorably to the appellant in the same manner as though a decision had been rendered to that effect.
(2) 
All decisions shall be in writing, and notice of such decision shall be given to the appellant either in person or by registered mail sent to the address given in the application.
(3) 
The decision of the City Council upon an appeal shall be final and conclusive.
This article shall in no way operate or be construed so as to abrogate or annul any powers or authority pertaining to the hearing of appeals which may elsewhere be delegated to boards or agencies established by the City Council by ordinance. Hereby affirmed, however, is such authority and power of the City Council to make final decisions as to appeals as may be granted by the laws or statutes of the state.