[HISTORY: Adopted by the Township Council
of the Township of Marlboro 4-13-1972 by Ord. No. 12-72 (Ch. 88 of the 1981
Code). Amendments noted where applicable.]
[Amended 12-10-1981 by Ord. No. 47-81]
A.
It shall be unlawful for any person, firm or corporation
to conduct, engage in or carry on any business, trade, occupation
or other activity as defined in N.J.S.A. 40:52-1 within the Township
of Marlboro, County of Monmouth, without having first complied with
the provisions of this chapter and obtaining a license therefor as
provided herein.
[Amended 8-15-1985 by Ord. No. 27-85; 3-20-1997 by Ord. No.
9-97]
B.
The requirements of this chapter shall not apply to
any business or occupation or any portion thereof licensed under the
various laws of the State of New Jersey, such as but not limited to
the practice of medicine, the practice of law, the practice of architecture
and the sale of alcoholic beverages.[1]
C.
The requirements of this chapter shall not apply to
the operation of roadside stands for the sale of agricultural products
or to the sale by farmers of agricultural products not at retail.
A.
Applications for all licenses required by this chapter
shall be made in writing to the Business Administrator, who shall
serve as the licensing officer. Each application shall contain the
following information:
(1)
The name of the applicant; if a corporation, the names
and addresses of the president and secretary shall be given: if a
partnership, the names and addresses of all partners shall be given.
(2)
The name under which the business is to be conducted.
(3)
The present residence of the applicant.
(4)
The address at which the business is to be conducted.
(5)
The nature of the business.
(6)
The residence of the applicant during the past five
years.
(7)
Whether or not the applicant has ever had a license
to conduct the business herein described, denied or revoked. If a
license has been denied, the details shall be given.
(8)
Details of any conviction for misdemeanor or crime,
including the nature of the offense, the date of the conviction and
the place where said conviction was obtained.
(9)
The business telephone number of the applicant.
(10)
If a corporation, the name and address of the
registered agent thereof.
(11)
Prior to the issuance of a license, a routine
police check will be made of the applicant to ascertain the validity
of such information, where necessary. This information will be provided
to the Business Administrator for a review in a decision as to the
issuance of a license.
[Added 12-10-1981 by Ord. No. 47-81]
B.
The applicant shall certify that it supplies the information
knowing the Township of Marlboro shall rely thereon in issuing a license,
and the applicant further agrees to comply with all laws and ordinances
of the Township applicable to the operation of said business.
C.
The application shall be made upon forms supplied
by the Business Administrator.
Whenever it shall be necessary for a person,
firm or corporation to obtain a license for the maintenance, operation
or conduct of any business or establishment or for doing business
or engaging in any activity or occupation, any person, firm or corporation
shall be subject to the requirement to obtain a license if, by himself
or through an agent, employee or partner, he holds himself forth as
being engaged in the business or occupation, or solicits patronage
therefor, actively or passively, or performs or attempts to perform
any part of such business or occupation in the Township of Marlboro.
A.
All licenses shall terminate on the 31st day of December
of each year.
B.
In the absence of any provision to the contrary, all
fees and charges for licenses shall be paid in advance at the time
of the application to the Business Administrator. When an applicant
has not engaged in the business until after the expiration of part
of the current license year, the license fee shall be prorated by
quarters, and the fee shall be paid for each quarter or fraction thereof
during which the business has been or will be conducted.
[Added 12-10-1981 by Ord. No. 47-81;
amended 12-10-2009 by Ord. No. 2009-35; 2-5-2016 by Ord. No. 2016-4]
All businesses, trades and activities conducted
within the Township of Marlboro shall pay a license fee of $25 for
each year in which they shall operate said business. New businesses
shall pay a fee of $50.
The Business Administrator of the Township shall
have the right to revoke any license whenever the holder thereof or
any of the licensees, agents or servants violate any provisions of
this chapter, the laws of the State of New Jersey or any rules or
regulations promulgated as herein provided. After written notice of
the revocation has been served upon the licensee, an appeal may be
filed with the Mayor of the Township within 10 days of the service
of said notice. The Mayor shall thereupon conduct a hearing in the
matter within 15 days after receipt of the notice of appeal and shall
render a decision within 30 days of receipt of said notice of appeal.
The Business Administrator of the Township is
hereby authorized and directed to enforce the terms and conditions
of this chapter and shall be empowered to direct the use of the Police
Department of the Township as is necessary to execute and enforce
the terms of this chapter.
[Amended 3-14-2013 by Ord. No. 2013-5]
A.
It shall
be a condition of the issuance of any and all licenses under this
chapter that said business shall be used and operated only for lawful
purposes and not in violation of the Zoning Ordinance[1] or other ordinances of the Township of Marlboro.
B.
It shall
be a condition of the issuance of any and all licenses under this
chapter that on and after January 1, 2016, all motor vehicle service
stations that sell gasoline at retail to consumers from gasoline pumps
at their stations shall be required to have an alternate energy source,
such as a generator connection/hookup, that is capable of providing
electrical service during an interruption of the normal electrical
supply sufficient to power up the gasoline pumps so that gasoline
can be sold to the consumer. The alternate energy source shall be
sufficient to operate all pumps during normal business hours of the
service stations.
A.
Pursuant to N.J.S.A. 40:49-5, any person, firm, association or corporation violating any section of this chapter shall, upon conviction in the Municipal Court, be subject to the penalties provided in § 4-3 of the Code.
B.
Each day after the initial violation shall be considered
a new and individual violation.
