[HISTORY: Adopted by the Mayor and Council
of the Borough of Fanwood 7-11-2006 by Ord. No. 06-14R; amended in its entirety 3-13-2007 by Ord. No.
07-06R. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Business, trade or occupation licensing — See Ch. 141.
The purpose of this chapter is to assist in
developing, promoting and encouraging greater and more successful
business and industrial activity in the Borough. This overall objective
will best be served by: first, having those businesses and industries
presently located in the Borough register the names and general nature
of their activity; secondly, the Borough will endeavor to foster a
harmonious relationship between Borough officials and members of the
Borough's business and industrial community; and thirdly, the Borough
will interact with the businesses and promote an exchange of information
between government and the Borough's business and industrial community
which will constructively serve the mutual interests of all.
As used in this chapter, the following terms
shall have the meanings indicated:
Any commercial, industrial or mercantile activity as set
forth in N.J.S.A. 40:52-1.
Includes plural as well as singular, and also includes corporations,
associations, limited liability companies and partnerships, and joint
ventures.
Before any person shall open, operate or establish
a business in the Borough of Fanwood ("Borough"), said person shall
apply for and secure a certification for such business from the Borough
Clerk ("Certification"). The requirements of this chapter shall apply
to all existing businesses within the Borough, as well as any businesses
commenced on or after the effective date of this chapter.
A.
Application for a certification shall be made on forms
obtained from the Borough Clerk. In the case of corporations, associations,
partnerships, limited liability companies and limited liability partnerships,
all officers, directors, stockholders or members owning an interest
of 10% or more shall be listed on the application. In the case of
partnerships and joint ventures, all general partners or members,
as the case may be, of said partnership or joint venture shall be
listed on the application.
B.
The issuance of a certification by the Borough shall
not act as or be interpreted as a certification that the business
is in compliance with zoning and/or land use requirements for the
district in which the business is located, certification of a valid
preexisting nonconforming use for the business as contemplated by
N.J.S.A. 40:55D-68, and/or permit the business not to obtain any and
all certifications required by the State of New Jersey, the County
of Union, the Borough, and/or all other governmental entities. Issuance
of a certification by the Borough does not evidence compliance with
other applicable rules, regulations, ordinances and statutes of the
municipality, county and State of New Jersey, or other regulatory
agencies having jurisdiction over the activities of the certification
holder.
C.
An application for a certification shall be accompanied
by the required fee as set forth hereafter.
D.
The application shall contain the following information:
(1)
Name and permanent and local address of the applicant
and telephone number and email address of the business. If the applicant
is a corporation, the name and address of its registered agent.
(2)
If the business activity is to be carried on at a
fixed location, the address and description of the premises.
(3)
The days of the week and the hours of the day during
which the certification activity is expected to be conducted.
(4)
A description of the nature of the business and the
goods, property or services to be sold, rented or supplied.
E.
Existing businesses in the Borough are required to
comply with the terms of this chapter not later than March 1, 2007.
Licenses shall be in a form which the Mayor
and Council of the Borough shall prescribe and shall contain the following
information:
A.
The name and address of the licensee.
B.
The number, type of the license and the nature of
the licensed activity.
C.
The address at which the licensed activity is conducted,
if the activity is carried on at a fixed location.
D.
If the licensed activity is conducted from a vehicle,
the make, model and license number of the vehicle.
E.
The expiration date of the license.
A certification fee of $25 shall be paid to
the Borough Clerk at the time the initial application is submitted
and the fee for renewal shall be $10.
A.
A certification when issued shall be valid for two
years following the year in which the certification is issued, unless
sooner terminated by the business discontinuing its operations in
the Borough. No later than 30 days prior to the expiration of the
certification, the holder shall make application to the Borough Clerk
for its renewal. Application for a renewal shall follow the same procedures
and requirements as set forth for a new application.
A.
The Mayor and Council may revoke a certification granted
under this chapter for any of the following reasons:
(1)
A finding that there was any misstatement of material
fact in the application upon which the certification was issued.
(2)
The occurrence of any fact which, had it occurred
and been known to the licensing authority before issuance of the certification,
would have resulted in the denial of the application.
(3)
Failure or refusal to comply with any lawful regulation
or order of the Mayor and/or Council.
B.
The holder of the certification may request a hearing
before the certification is revoked and such a hearing shall be held
before the Mayor and Council.
C.
A certification shall not be revoked until 10 days'
written notice has been served upon the holder of the certification
at his or her last known address, within which time the certification
holder shall be permitted to request a hearing.
Any certification issued by the Borough under
this chapter is not transferable to any other person, entity or location.
The Borough Clerk shall keep a record of all
certifications issued under this chapter. The record shall be in a
form prescribed by the Mayor and Council and shall contain the same
information as is required to be contained in the certification. It
shall also indicate the amount of the fee paid, if any, for the certification,
the date of the issuance of the certification, whether the certification
is a new certification or a renewal.
When the certification activity is conducted
at a fixed location, or from a vehicle, the certification shall be
prominently displayed at the location or on the vehicle. In all other
cases, the holder shall have the certification in his/her/its possession
at all times and shall display it upon the request of any police officer
or any person with whom he or she is doing business.
The Mayor and Council may, by resolution, make
rules and regulations, which interpret or amplify any provision of
this chapter or for the purpose of administering the provisions of
this chapter or making them more effective. No regulation shall be
inconsistent with or alter or amend any provision of this chapter,
and no regulation shall impose any requirement which is in addition
to or greater than the requirements that are expressly or by implication
imposed by any provision of this chapter.
A.
Persons rendering services to a household and persons engaged in a home occupation as defined in Chapter 184 of the Borough Code or legally operating from a professional office in a residential zone.
B.
Persons conducting or participating in activities
such as art shows, rummage sales or similar events for which other
Borough permits have been issued.
C.
Person(s) rendering delivery services to residential
or business properties, if such person(s) does not maintain a business
physically located within the Borough.
D.
Utility companies whose activities or rates are regulated
by the State of New Jersey.
A.
An institution or organization, which is conducted,
managed or carried on wholly for the benefit of charitable purposes,
or from which profit is not derived either directly or indirectly
by any individual, firm or corporation.
B.
Persons who are paying license fees to the State of
New Jersey, County of Union or the Borough in order to operate their
specific occupation or business.
Every person having a certification which ceases
to operate, changes the principal activity in which it is engaged,
changes its location and/or locations in the Borough, moves out of
the Borough or changes owners must submit written notice to the Borough
Clerk within 30 days of such change.
Any person who shall violate any provision of
this chapter shall, upon conviction therefor, be subject to a fine
not exceeding $2,000, or by imprisonment for a term not exceeding
90 days, or both.
