[Adopted 8-18-1977 by Ord. No. 37-1977; amended in its entirety 11-4-1998 by Ord. No.
65-1998]
A.
Any license or permit issued pursuant to the provisions of any mercantile
ordinance or other ordinances of the City of Atlantic City, or any
amendment thereof, for the conducting of business, may be suspended,
canceled or revoked for good cause by the Mercantile Licensing Division
of Atlantic City. Good cause for suspension, cancellation or revocation
shall include, but is not limited to:
(1)
The existence or maintenance for the carrying on of any business
in any building or structure which is structurally unsafe or not provided
with adequate egress or which constitutes a fire hazard.
(2)
The existence of unsanitary conditions, noise, disturbances or other
conditions at, near or in the premises which cause or tend to create
a public or private nuisance or which injuriously affects the public
health, safety or welfare of the citizens of the City of Atlantic
City.
(3)
The commission of, or permitting or causing the commission of, any
act in the operation of the business, which act is unlawful or is
prohibited by any ordinance, rule or law of the City, state or federal
government.
(4)
Fraudulent practices and misrepresentations in the operation of the
business or concealment or misrepresentation in procuring the license.
(5)
A revocation of a license or permit shall result where three violations
of the within chapter or ordinances of the City of Atlantic City,
which shall constitute sufficient cause, occur within a two-year time
period. Such revocation is pursuant to N.J.S.A. 40:52-2 after notice
and hearing. The Director of Licensing and Inspections shall conduct
such hearings, and be the sole authority, to revoke said license or
permit, pursuant to N.J.S.A. 40:52.2.
[Added 4-7-2004 by Ord. No. 26-2004; amended 1-27-2010 by Ord. No.
03-2010]
B.
The Director of Licenses of Mercantile may take into consideration
the lack of proper supervision of the licensee, as well as the number
of valid requests for police assistance to quell disturbances or to
arrest violators which were caused by acts or an omission of responsibility
by the licensee or his agents.
C.
The Director of Licenses of Mercantile may take into consideration
the manner in which the operator or licensee operates his business
and may deny, revoke or suspend said license if said operator knowingly
operates same in a manner calculated to harass or to continually annoy
the neighbors in their quiet enjoyment of their own premises.
D.
The Director of Licenses of Mercantile shall not issue a new license
or renew any existing license to any applicant to operate a business
in any building location that has been determined by the Building
Department to be an unsafe building, as defined herein, or determined
to be against the public welfare or safety.
It is expressly declared that the provisions of this section
are applicable to any license or permit issued or applied for, pursuant
to any mercantile or other ordinances of the City of Atlantic City.
Thus, the provisions of this section are in addition to any grounds
for denial, renewal, suspension, cancellation or revocation set forth
for specific businesses or trades in other ordinances of this City.
A.
Denial. Any license or permit application made pursuant to the provisions
of this article or any amendment thereof for the conducting of business
may be denied for good cause by the Division of Mercantile Licensing.
Good cause for the denial of a license or permit shall include, but
is not limited to:
(1)
Where the building from which the proposed business is to be conducted
has been determined by the Building, Fire or Health Department to
be an unsafe building, as defined herein, or determined to be against
the public welfare or safety.
(2)
False or fraudulent statements in the application for license.
(3)
A determination by the Mercantile Licensing Division that said business
will not comport with the peace, health, safety, or general welfare
of the public.
(4)
When the location at which the business is to be conducted has been cited for a health, fire, building or land use code violation, and such cited violation remains unabated or unresolved at the time a mercantile license is sought. The departments and divisions of City government which enforce City health, fire, building and land use codes shall give notice to the Mercantile Licensing Division regarding any cited code violation at a location at which a licensed business is conducted within two days of serving notice of such violation upon the owner of the business or the premises, as the case may be. Except in a case of a violation which involves public safety or welfare, if a citation is issued less than 30 days before the expiration of an existing mercantile license, such existing license shall, at the request of the licensee, be extended beyond its renewal date for a period which, in the aggregate, does not exceed 45 days beyond the date the citation was issued. If the violation is not abated by the 45th day following the issuance of the citation, the mercantile license shall thereafter be considered as having expired, and it shall not be renewed until the cited violation has been abated. The licensee shall pay a per diem fee, in advance, based upon the customary annual fee, for each day of any such extension of the renewal date requested by the licensee. The City department or division which issued the citation shall immediately give notice to Mercantile Licensing Division when a cited violation has been abated; thereupon, any prohibition set forth in this section shall be removed. Should a license be renewed during or after an extended period, the licensee shall pay the full customary fees set forth in § 170-5 for such license renewal, in addition to any per diem fee paid for an extension.
B.
Renewal. The Mercantile Licensing Division may refuse to renew any
business license or permit for any ground which would have justified
a denial of the original application for a license or permit.
[Amended 1-27-2010 by Ord. No. 03-2010]
Any person aggrieved by a decision of the Mercantile Licensing
Division suspending, canceling, revoking, denying or refusing to renew
a permit or license under the provisions of this article may appeal
that decision within 30 days to the Director of Licensing and Inspections
by filing written notice of appeal with the Mercantile Licensing Division.
The Director shall conduct a hearing at which time evidence may be
presented by either party. The Director's decision may be appealed
by the applicant/licensee to a court of competent jurisdiction.
