[HISTORY: Adopted by the Mayor and Council of the Borough
of Red Bank as indicated in article histories. Amendments noted where
applicable.]
[Adopted as Sec. 4-1 of the 1987 Revised General Ordinances]
[Amended by Ord. No. 296-72]
It shall be unlawful for any person to engage in any new business
in the Borough or to perform any act included within the provisions
of this article without first obtaining a license as herein provided
and the paying of the license fee prescribed therefor when such license
fee is required.
A.
BUSINESS
Definition. As used in this article, the following terms shall have
the meanings indicated:
(As used in both singular and plural sense.) Includes all
kinds of vocations, occupations, professions, enterprises, establishments
and all other kinds of activities and matters together with all devices,
machines, vehicles and appurtenances used therein, any of which are
conducted for private profit, or benefit, either directly or indirectly,
or any premises in the Borough, as set forth in Section 40:52-1 of
the Revised Statutes of the State of New Jersey and the acts amendatory
thereof and supplemental thereto. Excluded from the terms of this
article shall be occupations, professions or enterprises licensed
by the State of New Jersey.
B.
No license shall be issued or renewed unless the applicant therefor
shall designate in writing an individual as agent of the business
residing or maintaining offices within the Borough, or residing within
the State of New Jersey, upon whom service of process against the
business may be served.
C.
If at any time thereafter, the address of the office shall change;
or if the agent is changed, dies, resigns or ceases to act, then the
applicant shall forthwith file in the office of the Borough Clerk
a notice setting forth the name of the applicant, the old address
and the new address of the principal office, the name of the agent
being succeeded, and the name of the successor agent.
The requirements of this article shall be held not to exclude
the following persons, who are expressly exempt from its application,
so far as any fee is required, but shall in all other respects abide
by the provisions of this article as a matter of regulation.
A.
Any person selling fruits, vegetables and farm products raised or
grown by him.
B.
Any person selling fish, clams or oysters caught or gathered by him.
C.
Any person honorably discharged from the military, naval or marine
forces of the United States.
D.
Any blind person who is a resident of this Borough.
E.
Any person who conducts a sale pursuant to statute or court order.
F.
Any person who is an exempt member of a volunteer fire department
as defined by New Jersey Public Laws 1911, Ch. 133.
Any person desiring a license shall file with the Borough Clerk
an application blank, separate blanks being provided for each class
of licenses. The blanks shall contain the following information:
A.
Name of applicant.
B.
Permanent home residence.
C.
Name and address of firm represented, the names and addresses of
the person from whom goods making up the stock were or are to be purchased.
D.
Three business references.
E.
The place or places of residence of the applicant for the preceding
three years.
F.
The length of time for which the license is desired.
G.
A description of the wares to be offered for sale.
H.
The number either of arrests or convictions for misdemeanors or crimes
and the nature of the offense for which arrested or convicted.
I.
To the application must be appended a letter from the firm for which
he purports to work, authorizing the applicant to act as its representative.
A.
Following the filing of the application, the Chief of Police shall
verify the information respecting the moral character of the applicant
and shall signify his approval or rejection on the reverse side of
the form; and the Borough Clerk shall verify the financial information,
approving or rejecting the application on its reverse side.
B.
The license issued shall not authorize any person, except the designated
person named in the license, to engage in the business thereunder.
The license shall not be transferable from the person to whom issued
to any other person. All licenses provided for this article shall
expire on December 31 in the year for which it was issued.
All licenses shall be issued on forms drawn in accordance with
this article. They shall be printed in book form, with corresponding
stubs, and shall be consecutively numbered. The license shall contain
suitable blank spaces for writing in the name, and the class of the
license granted, the location of the business and the amount of the
fee paid.
A.
There shall be kept in the office of the Borough Clerk the necessary
books for recording the time the application for a license is received,
whether new or renewal, name of licensee, regular number of blank
form, when the application was approved by the Chief of Police and
the Borough Clerk, the amount of the fee received therefor, and the
date when the license was issued.
B.
The Borough Clerk shall monthly file a report with the Council showing
the number of licenses granted by classes and the amounts of fees
received therefor. Each report shall state the number and class of
licenses revoked and the reasons for such revocation. The monthly
report shall be cumulative during the course of the year so that each
report summarized the action of all preceding months of the current
year.
Every person holding a license under this article shall be required
to carry the license with him or at his business premise while engaged
in the business licensed. He must produce the license at the request
of any official of the Borough.
[Amended by Ord. No. 270-71; Ord. No. 296-72; Ord. No. 28-78; Ord. No. 87-23]
License fees shall be as follows:
A.
Auction stores, $15 per day.
B.
Auctioneers, $10 annually.
C.
Billiard and pool tables, other than of fraternal or religious organizations,
$10 per table each, annually.
D.
Dance halls, including cabarets and any public place where food is
served accompanied by dancing, other than charitable exhibitions,
$100 annually. No license shall be issued for any dance hall unless
the premises comply with and conform to all laws of the United States,
State of New Jersey and the ordinances and regulations of the Borough,
and are properly ventilated and supplied with sufficient toilet conveniences,
and are in the judgment of the Chief of Police, a sufficient and proper
place for the purposes for which they are to be used.
E.
Distributors of circulars for commercial advertising, samples and
any other similar writings as follows:
(1)
Fifteen dollars for distribution over a period not to exceed three
days.
(2)
Twenty-five dollars for distribution over a period not to exceed
10 days.
(3)
One hundred dollars for annual distribution license.
(4)
Distribution in cars, moving or standing, on private property or
in public streets or parking areas is prohibited.
(5)
Advertising material shall not be distributed on any street or other
public place.
F.
Miniature golf courses, $25 annually.
G.
Theaters, including places where moving pictures are shown, $100
annually.
H.
Pawnbrokers, $50 annually.
I.
Retail food establishments.
(1)
Retail food establishments on the basis of the following:
[Amended 8-19-2020 by Ord. No. 2020-15]
(a)
Mobile vehicles: $150 per year.
(b)
Special event lasting one week in duration or less: $100 per
vendor/per event.
(e)
A late fee will be levied by the municipality on those food
establishment owners and/or operators who do not renew their license
within 90 days after the expiration date. The late fee charged will
be in addition to the cost of the establishment's annual food
licensing fee. The late shall be charged at 20% of the food establishment's
annual licensing fee.
(2)
Itinerant retail food establishment: $25.
J.
All other businesses: $25 annually.
A license may be revoked by the Mayor and Council by reason
of the violation of the terms of the license, the violation of any
municipal ordinance, state or federal statute or falsification in
applying for a license. Before revocation, the licensed person may
be granted a hearing by the Mayor and Council, after five days notice
thereof and furnishing the person with a written statement of the
charges against him.
[Adopted by Ord. No. 1990-7 (Sec. 2-71 of the 1987 Revised General Ordinances)]
As a condition for the issuance or renewal of any license or
permit issued by, or requiring the approval of the Borough of Red
Bank, the owner-applicant shall pay any delinquent property taxes
or assessments on the property wherein the business or activity for
which the license or permit is sought or wherein the business or activity
is to be conducted.
Whenever a property owner has failed to pay the taxes due on
the property for at least three consecutive quarters, the Borough
may, upon notice to the licensee and property owner, revoke or suspend
any license or permit until the payment of the delinquent taxes and
assessments is made. Upon payment of the delinquent taxes or assessments,
the license or permit shall be restored.
Prior to the issuance of licenses and permits by the various
departments or agencies of the Borough of Red Bank, said owner-applicant
shall ascertain from the office of the Tax Collector, that taxes and
assessments have been paid to a current basis for the property on
which the activity or business in question is to take place. In the
event that property taxes or assessments are unpaid to a current basis,
no permits or licenses shall be issued until all such payments have
been made by the property owner.
The provisions of this article shall not apply to or include
any alcoholic beverage license or permit issued pursuant to the Alcoholic
Beverage Control Act.[1] The provisions of this article shall apply to all other
permits and licenses issued by, or requiring approval of, the Borough
of Red Bank, including but not limited to:
B.
Soil removal permits;
C.
Tree removal permits;
D.
Junk dealer's licenses;
E.
Certificates of occupancy; provided, however, that if a certificate
of occupancy is needed for closing of title, a conditional temporary
certificate of occupancy may be issued upon delivery of executed contracts
to the Borough Clerk for the sale of said property. The conditional,
temporary certificate of occupancy shall be contingent upon the payment
of all taxes at time of closing of title; and if not paid at closing,
the conditional, temporary certificate of occupancy shall be deemed
revoked.
F.
Food establishment licenses;
G.
Pound or dog pound licenses;
H.
Amusement licenses;
I.
Nursing home licenses; and
J.
Applications to Rent-Leveling Board.
[1]
Editor's Note: See N.J.S.A. 33:1-3 et seq.
[Added by Ord. No. 1991-2]
Any person aggrieved by the denial of a permit or license under
this article may appeal the denial to the Borough Administrator. The
appeal must be in writing, letter form being satisfactory, and set
forth in full the factual basis for any contentions that the application
of the section should be relaxed. The appeal must be filed within
10 days of the denial of the permit or license. The Tax Collector
shall provide the Administrator with a current tax status report.
Within 10 days of receipt of the appeal, the Administrator or her
designee, shall hear the appeal. The hearing shall be informal. Relevant
factors the Administrator may consider include:
A.
Whether the type of license or permit sought involves public health,
safety or welfare.
B.
The amount of delinquent taxes.
C.
The length of time taxes have been delinquent.
D.
The reasons given for failure to pay the taxes.
E.
The plan or proposal of the property owner to bring the taxes current.
F.
The history of the taxpayer in paying taxes.
