[Adopted 7-10-1973 by Ord. No. 36-73 (Ch. 73, Art. I, of
the 1972 Code)]
It shall be unlawful for any person, firm or corporation to
operate or continue the operation of any business, activity or other
occupation for which a license is required under the Code of the Township
of Jackson, County of Ocean, State of New Jersey, as amended and supplemented,
without having first obtained the appropriate license from the proper
authorities of the Township of Jackson.
It shall be unlawful for any person, firm or corporation to
operate or continue the operation of any business, activity or other
occupation for which a license is required under the Code of the Township
of Jackson, unless a license which has been issued previously shall
be renewed for such operation, business, activity or occupation.
[Added 4-27-1976 by Ord. No. 16-76]
A.
Before any municipal license shall be issued pursuant to the provisions
of the Jackson Code or pursuant to the provisions of state law or
regulation under which the Township Committee is the issuing authority,
the applicant shall secure the approval of the following municipal
departments and agencies having jurisdiction as to the laws, ordinances
or regulations listed:
(1)
The Board of Fire Commissioners of the appropriate fire district
(as to provisions of the Jackson Township Fire Code).
(2)
The Jackson Township Board of Health (as to state and local health
regulations and ordinances).
(3)
The Jackson Township Police Department (as to past criminal activities
and character).
(4)
The Jackson Township Building Department (as to Building Code matters).
(5)
The Environmental Commission (as to environmental statutes and regulations
and environmental conditions).
(6)
The Township Engineer (as to engineering conditions and ordinances
of which the Township Engineer is the enforcing officer).
(7)
The Jackson Township Code Enforcer (as to ordinances of the Township
of Jackson in general).
B.
Each of the municipal departments and agencies shall be notified
by the Township Clerk of the receipt of the application for a license
and the availability of the license application and supporting documents
for inspection in the office of the Township Clerk. Each of said municipal
departments and agencies shall recommend the approval or disapproval
of the issuance of the license in question. In the event that any
of the aforesaid municipal departments or agencies disapprove of the
issuance of the license applied for, said department or agency shall
submit a written report to the Township Committee which specifies
the provision or provisions of the applicable state statute or regulation
or municipal ordinance or code which is being violated or will be
violated by the applicant if the license is issued by the Township
Committee. In the absence of the submission of clear and convincing
evidence of such violation or possible violation of a state statute
or regulation or municipal ordinance or code, the Township Committee
shall have discretion to issue any such license.
[Amended 8-13-1984 by Ord. No. 31-84]
[Amended 10-25-1977 by Ord. No. 55-77; 10-23-1979 by Ord. No. 47-79]
A.
Requirement to make timely application for renewal of license.
(1)
All persons whose business or enterprises are regulated under the
licensing authority of the Township of Jackson shall make timely application
for renewal of their licenses. If a license renewal date is not provided
for in the specific chapter of this Code which requires such a license,
an application for a license shall be deemed to be timely filed if
submitted 30 days prior to the expiration date of the current license.
(2)
Any person failing to make a timely application for renewal of his license within 10 days after the application renewal date, determined in accordance with Subsection A(1), shall be assessed an administrative charge as follows: 10% of the license fee after 10 days, 20% of the license fee after 30 days and 25% of the license fee after 60 days. This provision shall be deemed supplementary to and not in lieu of any other article or provision of the Code of the Township of Jackson.
B.
Compliance with license requirements; imposition of administrative
charges for unabated violations.
(1)
In the event that a license is not issued or renewed for any of the
following reasons, which severally or conjunctively shall constitute
sufficient grounds for denying an application to issue or renew any
license required by this Code, there shall be deemed to be an offense
under this article:
(a)
Noncompliance with the requirements for such license as contained
in the applicable chapter of the Code of the Township of Jackson.
(b)
A violation of any applicable state statute or regulation.
(c)
A violation of any other applicable ordinance or Code provision.
(d)
The existence of any condition on the premises to be licensed
which is detrimental or likely to be detrimental to the health, safety
or welfare of any person.
(2)
In addition to the penalty provisions of § 251-8 of this article, upon a determination by the Township Committee that a license is not to be issued or renewed based upon the commission of an offense, as set forth in Subsection B(1) hereof, the applicant shall have his license fee or license renewal fee returned, less 25% of such fee which shall be collected to defray and to cover the cost of inspections occurring prior to such application and for the processing or reprocessing of the license application.
(3)
If at any time subsequent to the imposition of the foregoing administrative charge further inspections are required to be performed by any of the municipal departments or agencies enumerated in § 251-3 of this article in order to continue the processing of a license application, an applicant shall pay an additional administrative charge of $25 for each inspection deemed necessary in the discretion of the appropriate municipal department or agency.
(4)
In order for the Township Committee to determine that an offense under Subsection B(1) hereof exists for which the applicant is to be held responsible in accordance with § 251-3 of this article, clear and convincing evidence of such offense shall be presented to the Township Committee, and, in the absence of such evidence, the Township Committee shall have the discretion to issue or renew any such license. For purposes of this subsection, if a judgment of any court having competent jurisdiction established the commission of any offense falling within the purview of Subsection B(1) hereof and said judgment is entered against any applicant or any person, firm or corporation over whom such applicant has control, there shall be deemed to be clear and convincing evidence that an offense exists or existed for purposes of this article.
[Added 2-25-1975 by Ord. No. 9-75; amended 6-15-1976 by Ord. No.
27-76]
No license required by any provision of the Jackson Code shall
be issued or renewed or shall be considered for issuance or renewal
until the applicant for such license has submitted proof that taxes
or other assessments or assessments for local improvements are paid
in full and are not due or delinquent on the licensed premises or
the property on which the licensed business or activity is to be located.
[Added 10-19-1981 by Ord. No. 50-81]
At the time of submission of an application for a license, the
applicant shall fully comply with all of the requirements for such
license as contained in the applicable chapter or chapters of the
Code of the Township or the applicable state statutes or regulations.
In the event of noncompliance with any of such requirements at the
time of submission of the application or within 90 days after the
date of submission or within such additional reasonable period as
may be determined by the Township Committee, the application shall
be denied by a duly adopted resolution of the Township Committee setting
forth the reasons for such denial.
[Added 2-28-1983 by Ord. No. 8-83]
Any of the following acts, conduct or activity on the part of
the licensees are hereby declared to be grounds for refusal to issue
or renew such license or be grounds for revocation or suspension of
such license: actions, conduct or behavior by a licensee amounting
to false, fraudulent or misleading representations or statements;
concealment of information; fraudulent practices; making false promises
or statements; any other conduct which constitutes fraud or dishonest
dealing; conduct which demonstrates unworthiness, incompetency, bad
faith or dishonesty; conviction of any crime; or conviction of any
disorderly persons offense or ordinance violation arising out of the
operating of the licensed business.
Any person violating or failing to comply with any of the provisions
of this article shall, upon conviction, be subject to a fine of not
more than $500 or imprisonment not to exceed 90 days, or both. Each
day such violation is committed or continues after the first 30 days
shall be deemed to constitute a separate offense for each day and
shall be punishable by an additional fine of not more than $50 per
day.
