[HISTORY: Adopted by the Mayor and Council of the Borough of Somerdale as Ch. 70 of the 1973 Code; amended in its entirety 11-8-2000 by Ord. No. 2000:13. Subsequent amendments noted where applicable.]
No person or business entity shall engage in or carry on any business, trade, profession or occupation in the Borough of Somerdale nor aid or assist an employee, Clerk or other person in carrying on such business, trade, profession or occupation or in using any stand, store or other business or office premises nor sell or offer for sale any goods or things nor open or maintain an office or other business premises for the conducting of any business, trade, profession or occupation within the Borough of Somerdale unless a license as herein provided for shall have been first obtained therefor by said person or business entity engaging in said business, trade, profession or occupation. Mobile businesses, such as lunch wagons or the like, operating within the Borough of Somerdale for any period of time on a regular basis, rather than on a sporadic basis, shall be subject to the provisions of this chapter and be otherwise deemed a business, trade, profession or occupation engaged within the Borough of Somerdale. For the purposes of this chapter, "engaging in said business, trade, profession or occupation" is intended to mean the act of having or maintaining an office or other business premises within the Borough of Somerdale and is not intended to include the provision of services by trades or professionals on a transitory or nonpermanent basis.
Application for a license shall be obtained from the Borough Clerk of the Borough of Somerdale, New Jersey. Such application shall specifically name the person, firm or entity to which the license is to be granted and the location at which such business, trade, profession or occupation is to be carried on including all contact information necessary in case of emergency. Such application shall further provide all detailed information respecting such person, firm or entity and said business, trade, profession or occupation as is requested by the approved application form.
All new businesses, trades, professions or occupations shall submit the completed application to the Borough Clerk of the Borough of Somerdale, who shall forward this application to the Planning Board of the Borough of Somerdale, at which time investigation shall be made, as deemed necessary by the Planning Board of the Borough of Somerdale. The Planning Board of the Borough of Somerdale may conduct a hearing with respect to said application and shall forward any recommendations with respect to said application to the Mayor and Council of the Borough of Somerdale. In addition, the Borough Clerk shall forward a copy of the completed application to the Chief of Police of the Borough of Somerdale, who shall conduct or cause to be conducted an investigation thereon. The Chief of Police shall make a written report of his investigation findings to the Mayor and Council, who may conduct a hearing with respect to any such findings prior to approval. No license shall be issued except pursuant to the authorization and approval of the Mayor and Council of the Borough of Somerdale. The Mayor and Council shall not approve such application if, on the basis of past criminal record of the applicant or of the principals of a corporate applicant, or on the basis of other evidence of bad character or morals, or prior dishonest or fraudulent business practices, the Mayor and Council shall determine that the granting of approval or renewal of such license would tend to encourage or permit criminal or immoral activities within the Borough of Somerdale.
The license fees to be paid annually, as above provided, to the Borough of Somerdale for conducting any businesses, trades, professions or occupations at the place designated in the license certificates issued therefor shall be as set forth in the Annual Fee Ordinance.
All renewal license fees shall be due and payable to the Borough Clerk of the Borough of Somerdale at her office in the Borough of Somerdale, New Jersey, on the first day of January of each year, and all such licenses shall expire on the last day of December following such payment.
Any license not renewed with the applicable fee duly paid, by the 31st day of January shall incur a late fee, which late fee shall be as set forth in the Annual Fee Ordinance.
No person or persons shall be allowed to transact any business, trade, profession or occupation under any license granted under this chapter, except the business, trade, profession or occupation for which said license was specifically granted.
No license shall be issued to any person or entity who has not complied with the laws, rules and regulations of the State of New Jersey or the ordinances of the Borough of Somerdale, including any regulations respecting the safety of the persons whom may have occasion to use the premises or place to be licensed, and all applicable zoning and lance use regulations, nor shall a license be issued unless the premises or place to be licensed is current in any taxes or assessments for local improvements by the submission of proof that no taxes or assessments for local improvements are due or delinquent on the property for which the license application is made.
In the event that any licensed person or entity fails to comply with such laws and ordinances after due notice and opportunity to be heard, the Mayor and Council may revoke such license.
No license provided for by this chapter shall be transferred from one person or entity to another person or entity, and no license shall cover any other place of business, trade, profession or occupation than that for which it was issued.
The Clerk of the Borough of Somerdale shall turn over all said license fees collected by her to the Borough Treasurer.
No license shall be issued for the conduct of any business, trade, profession or occupation if the premises and building to be used for said purpose do not fully comply with all the requirements of the State of New Jersey and of the Borough of Somerdale and/or any other governmental authorities, including but not limited to the zoning code requirements, the building code requirements and all other related legal requirements that cover the premises of a business, trade, profession or occupation within the Borough of Somerdale.
No business, trade, profession or occupation, licensed or not, shall be so conducted or operated as to amount to a nuisance in fact.
Whenever inspections of the premises used for or in connection with the operation of a licensed business, trade, profession or occupation are provided for or required by ordinance or are reasonably necessary to secure compliance with any ordinance provision or to detect violations thereof, it shall be the duty of the licensee or the person in charge of the premises to be inspected to admit thereto, for the purposes of making the inspection, any officer or employee of the Borough who is authorized or directed to make such inspection, at any reasonable time that admission is requested.
Licenses issued under this chapter shall be posted at the place of business shown on said license in a conspicuous place. Said license shall remain posted for the duration of the licensing year when issued and so long as the licensed business is in operation.
The fees herein imposed for licenses, while producing revenue to the Borough, are not solely revenue-producing in nature, but said fees are used primarily in an attempt to cover the costs of inspections of such businesses, trades, professions or occupations to ensure compliance with the laws of the State of New Jersey and the ordinances of this Borough, and to maintain the appropriate official records for contact in case of emergencies or for other health and safety concerns. It is the legislative intent of this chapter to ensure the fact that all businesses, trades, professions or occupations of whatsoever kind and wheresoever located in this Borough shall be inspected periodically, as may be deemed necessary, to ensure compliance with the laws as aforesaid. In certain instances, there are those businesses, trades, professions or occupations which warrant additional police surveillance and inspection or which attract unusual amounts of vehicular traffic, necessitating additional enforcement and/or inspections; these fees provide a reasonable relationship to the costs of the administration of this contact information and of inspections for all such businesses, trades, professions or occupations maintaining premises within the Borough of Somerdale.
The proper enforcement of the provisions of this chapter shall be within the jurisdiction of the Police Department of this Borough and additionally within the jurisdiction of those officers or Borough employees who are charged with providing the necessary inspections and regulations, including but not limited to the Borough Zoning Officer.
Any repetition of any violation of this chapter shall be deemed a new offense.