[Adopted 3-16-1982 by Ord. No. 555-82 as
Sec. 7-1 of the 1982 Revised General Ordinances (Ch. 209, Art. I,
of the 1993 Code)]
The purpose of this article is to provide a
uniform set of procedures for administering the issuance, renewal
and revocation of all licenses issued by the Township, except as otherwise
provided in this article.
A.
Except as may be provided elsewhere in the Code of
Township of Hazlet, all applications for licenses shall be accompanied
by a nonrefundable application fee of $10 and shall be made to the
Clerk upon forms provided by him or her.
[Amended 9-4-2012 by Ord.
No. 1511-12]
B.
Said application form 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 days of the week and the 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 has been convicted
of any crime or the violation of any municipal ordinance, other than
traffic offenses, and, if so, the date and place of conviction, the
nature of the offense 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 or her character and responsibility.
C.
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.
D.
Applications by partnerships shall be signed by all
partners, with the information required by this section supplied in
detail as to each partner and 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.
Licenses shall be in a form which the Township
Committee shall prescribe by resolution and shall contain the following
information:
A.
The name and address of the licensee.
B.
The number and type of 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.
F.
Any other appropriate information which the Township
Committee may by resolution require.
The Clerk shall keep a record of all licenses issued under this article. The record shall be in a form prescribed by resolution of the Township Committee and shall contain the same information as is required by § 249-3 to be contained in the license. It shall also indicate the amount of the fee paid for the licenses, the date upon which payment was received, the date of the issuance of the license, whether the license is a new license or a renewal, and any other information which the Township Committee may by resolution require.
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 or her 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.
Every license shall apply only to the person
to whom it was issued and shall not be transferable to another person
or from place to place in cases where the licensed activity is conducted
at a fixed location.
Except where expressly provided otherwise, all
licenses shall expire on June 30 of the year following issue.
A.
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:
(1)
Fraud or misrepresentation in any application for
a permit or license.
(2)
Fraud, misrepresentation or other dishonesty in the
conduct of the licensed activity.
(3)
A violation of any provision of this Code.
(4)
Conviction of the licensee for any felony or high
misdemeanor or a misdemeanor or disorderly person's offense involving
moral turpitude.
(5)
Conduct of the licensed activity, whether by the licensee
himself or herself or his or her 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.
B.
Whenever a license has been issued immediately upon
an application pending the results of the investigation provided for
by this article, the license may be summarily revoked if the result
of the investigation is such as would have resulted in denial of the
application.
Notice of a hearing for the revocation of a
license or permit shall be given in writing by the Clerk. The notice
shall specifically set forth the grounds upon 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 or her 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 or her own behalf, to cross-examine opposing
witnesses and to have a permanent record made of the proceedings at
his or her own expense. The Township 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 Township Committee may issue another license
to a person whose license has been revoked or denied, as provided
in this article, 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 or her, directly or indirectly,
shall be issued another license to carry on the same activity.
The Township Committee may, by resolution, make
rules and regulations which interpret or amplify any provision of
this article or for the purpose of administering the provisions of
this article or making them more effective. No regulation shall be
inconsistent with or alter or amend any provisions of this article,
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 article.
Any person engaging in a business regulated by Article II, Business Licenses, of this chapter shall obtain a license from the Township.
[Added 9-21-1993 by Ord. No. 923-93]
For violation of any provision of this article, the maximum penalty, upon conviction, shall not exceed the maximum penalties set forth in Chapter 1, General Provisions, Article III. Each and every violation of any provision of this article shall be considered a separate violation and shall subject the person so charged to the maximum penalty.
