Borough of Wrightstown, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Wrightstown 10-12-2005 by Ord. No. 2005-7.[1] Amendments noted where applicable.]
Amusement devices — See Ch. 32.
Fire prevention — See Ch. 85.
Games of chance — See Ch. 93.
Property maintenance — See Ch. 152.
Signs — See Ch. 175.
Editor's Note: This ordinance superseded former Ch. 115, Mercantile Licenses, adopted by Ord. No. 1996-6 (Sec. 4-2 of the Revised General Ordinances), as amended.
This chapter shall be known and may be cited as the "Mercantile Licensing Ordinance of the Borough of Wrightstown."
As used in this chapter:
Any place or premises wherein 15 or more coin-operated amusement machines or devices are maintained for use and operation by the public.
All kinds of vocations, occupation, professions, enterprises, establishments and all other kinds of activities and matters, conducted for private profit or benefit either directly or indirectly, within the Borough and which the Borough has authority to license and regulate.
Any machine or contrivance operated by coin, token or device including electronic activation of the machine upon the payment of a fee or other device of any nature whatsoever used and operated by persons for amusement purposes. This shall include but not be limited to all machines commonly known and designated as "bagatelle," "baseball," "pinball," "video games," or any other game of skill or table game and shall also include all machines, projectors or devices showing or displaying motion-picture films or videotapes or portions thereof and all other like things for entertainment or amusement.
The licensed premises consisting of a specific block and lot or lots situate in the Borough of Wrightstown containing thereon a building or structure in compliance with the Property Maintenance Code[1] (Ordinance 17-1 et seq.) of the Borough and such other ordinances as may presently apply or be subsequently adopted or amended to apply to the building or structure. No license may be issued except for a specific commercial location within the Borough of Wrightstown.
Editor's Note: See Ch. 152, Property Maintenance.
It shall be unlawful for any person to conduct any business hereinafter listed without being licensed to do so as required by this chapter.
The application procedure, general standards and hearing procedure to be considered by Council in granting or denying a mercantile license are as follows:
The applicant shall complete in full the written mercantile license application form provided by the Borough Clerk along with the payment of the required fees and on initial application, and may be asked to provide along with the application a background check to be obtained from a local police department.
The applicant shall be of good moral character, and in determining moral character, the Borough Council may consider any prior convictions, the reasons therefor and the circumstances surrounding prior convictions; the prior license history of the applicant and whether the applicant has ever had a license to do business revoked or suspended in the Borough or any other place in this state. No license shall be issued if the applicant is delinquent in any fees or taxes owed to the Borough of Wrightstown or if the premises proposed to be licensed does not meet all of the applicable ordinance requirements of the Borough of Wrightstown.
An initial fee for inspection of a new business or transfer of ownership shall be paid in the amount of $50 for property maintenance inspection at the time and in the manner of application set forth herein. A reinspection fee of $25 shall be paid if necessary, prior to the issuance of the license. The applicant or applicants also must register with the Wrightstown Borough Bureau of Fire Prevention. They are required to meet all requirements including appropriate fees as set forth in Wrightstown Borough Code Chapter 85, prior to a vote by the Borough Council. In the event of a denial of the issuance of a mercantile license in accordance with this section by Borough Council, the applicant may request in writing within 10 days of the date of the notice of the denial, a hearing before Borough Council. At such hearing, the applicant shall be entitled to be represented by counsel, call witnesses in his or her behalf and to present to Council any other evidence the applicant deems relevant to the determination of Borough Council.
No such license shall be issued unless evidence is presented to Council that the business to be licensed meet the standards set forth in this section and in the General Ordinances of the Borough of Wrightstown, including a successful fire safety inspection. Licenses shall be issued only by the Borough Council upon written application being made to the Council therefor and the nonrefundable fee for such license being tendered to the Borough Clerk.
Council may issue a temporary conditional license authorizing the applicant to commence business subject to the compliance by the applicant of the condition or conditions as set forth by Council. Said conditional license may be issued for a period of up to 90 consecutive days. In addition to the fees as set forth in § 115-9, there shall be a nonrefundable surcharge of $50 or 1/4 of the applicable fee, whichever is greater, for the issuance of a conditional license in addition to all other permits, said fees to cover the administrative cost to the Borough and its officials in the issuance of a conditional license.
Should the applicant not comply with the conditions set forth by the Council in the conditional license, the license shall terminate without further action by Council. It shall be incumbent upon the applicant to reapply for a license, with all applicable nonrefundable fees paid.
Every licensee under this chapter shall permit all reasonable inspection of his business by public authorities so authorized by law; ascertain and at all times comply with all laws and regulations applicable to such licensed premises; avoid all forbidden, improper or unnecessary practices or conditions which do or may affect the public health, safety, morals or welfare; and refrain from operating the licensed business on premises after expiration of his license and during the period of revocation or suspension of the license.
In addition to the foregoing, no licensee shall solicit business from passersby in any manner other than by display of merchandise, lawful signs or other printed advertising and specifically, shall not, whether from the inside or outside of the licensed premises, verbally solicit customers from passersby, use any sound device audible upon the streets or other public places or in person or by agent, stop passersby or verbally or physically urge them to enter the premises or make purchases in the premises.
No license shall be transferable without the approval of Council, and every license shall be suspended or revoked by Council for violation of this chapter for any fraud, misrepresentation or false statement made in connection with the selling of goods, wares or merchandise, or conviction of the licensee of any crime involving moral turpitude or conducting the business in an unlawful manner or in such manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public.
Licenses shall be issued for the life of the business. Any change of use shall be seen as a new business and will be subject to the above outlined process. Any business not requiring a fire safety inspection shall apply and be charged the mercantile fees annually and licensee shall supply same to the Borough Clerk annually, but not later than January 31 of each calendar year, and updates or changes to the license.
The following nonrefundable fees are hereby fixed as of this date and are subject to annual review by Borough Council. The nonrefundable fee shall be by cash, certified check, or money order only, and made payable to "Wrightstown Borough." A returned check fee of $25 will be applied to any returned check.
Mercantile license and registration fee (including initial property inspection)
Property maintenance inspection fee (reinspection fee)
Late fee (per month of part thereof)
Traveling/temporary performances (per day)
All other businesses not requiring a fire safety inspection
As required by Borough ordinance, notary fee