[HISTORY: Adopted by the Township Committee of the Township
of Eagleswood 9-24-2018 by Ord. No. 2018-5. Amendments noted where
applicable.]
No person, firm, corporation, partnership or other entity shall
engage in, conduct or operate any business, profession or trade within
the limits of the Township of Eagleswood unless a license as herein
provided shall have first been obtained. This requirement to obtain
a license shall apply only in the following zones: C-1, C-2, C-2V,
C-3 and LB.
Licenses shall be in a form which the Township Committee prescribes
by resolution and shall contain the following information:
A.
The name and address of the licensee;
B.
The number and type of license and the nature of the license activity;
C.
The address at which the license activity is conducted;
D.
The expiration date of the license;
E.
Any other appropriate information which the Mayor and Committee may
require by resolution.
[Amended 7-24-2023 by Ord. No. 2023-04]
No license shall be issued hereunder unless the licensee:
A.
Complies with all ordinances/laws of Eagleswood Township, the County
of Ocean and the State of New Jersey. This includes, but is not limited
to, operating the business after obtaining the appropriate site plan
approval and complying with all zoning requirements of Eagleswood
Township;
B.
Shall maintain a liability insurance policy for negligent acts and
omissions in the amount of no less than $500,000 for combined property
damage and bodily injury to or death of one of more persons in any
one accident or occurrence and present a certificate of insurance
evidencing such coverage.
The Clerk shall keep a record of all licenses issued under this
chapter and it shall also indicate the amount of the fee paid, the
date upon which the payment was received, the date the issuance of
the new license or the renewal license.
When a license has been issued, the license shall be promptly
displayed at the location in which the activity is being conducted.
The annual fee for the mercantile license as required herein
shall be $25, payable to the Township of Eagleswood. All licenses
shall be due and payable to the Township Clerk at the office of the
Township Clerk on January 1 in each year, and such license shall expire
and become invalid on December 31 next ensuing. Any business commencing
original operation in the Township on or after July 1 of any year
shall be permitted to pay one half of the normal license fee in such
first year license shall expire on December 31 next ensuing.
A.
Nonprofit organizations duly qualified under the statutes of the
State of New Jersey shall comply with the provisions of this section,
except that such organizations shall not be required to pay any fee
required herein.
B.
All nonprofit organizations must file an application with the municipal
Clerk's office for each separate fundraising event.
A.
Any license issued hereunder may be revoked after a notice and hearing
for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained in any application
for permit or license;
(2)
Fraud, misrepresentation or false statement in the conduct of any
business or activity authorized by such license;
(3)
Any violation of this chapter;
(4)
Conducting any business or activity not in compliance with all ordinances/laws
of Eagleswood, the County of Ocean and State of New Jersey.
(a)
Notice of hearing. Notice of a hearing for revocation of a license
issued under the provisions of this chapter shall be given in writing
by the Township Clerk, setting forth specifically the grounds of the
complaint and the time and place of the hearing. The notice shall
be mailed to the licensee by certified mail to his or her last known
address at least five days prior to the date set for the hearing.
(b)
Appeal. Any person aggrieved by the revocation notice of any
license required by this chapter may appeal to the Township Committee
by filing with the Township Clerk within 14 days after the applicant
or licensee has been notified of the complaint, a written statement
setting forth the grounds of the appeal. The Township Committee or
its designee shall set a time and place for a hearing on such appeal
and notice shall be given to the appellant in the manner. The decision
and order of the Township Committee or its designee on such appeal
shall be final and conclusive.
A.
If, within 10 business days after being notified in writing by the
Township that a license is required, if the business so notified does
not obtain a license, or if the license is revoked and the business
continues to operate, summons is to be issued for each day the business
is in operation, beginning from the date of notice.
B.
Upon being found guilty of a violation of this section, the fine
to be imposed will be not more than $100 per offense, with each separate
day being a separate offense.