[HISTORY: Adopted by the Mayor and Council
of the Borough of Closter as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Fees and deposits — See Ch. A301.
[Adopted 11-22-1967 by Ord. No.
1967:179 as Arts. I and II of Ch. 55 of the 1967 Code]
A.
Any person or persons, corporation or corporations
desiring to operate and open any public place of amusement, dance
hall, moving-picture show, traveling or other show, street exhibition,
circus or bowling alley within the limits of the Borough of Closter
shall be required to take out a license therefor before operating
or opening any such show or place of amusement, and if any such show
or place of amusement shall be open or in operation at the time of
the passage of this article without a license or permit having been
granted therefor by the Borough Council or its agents duly authorized,
the proprietors thereof or person or corporation operating the same
shall take out such license within 10 days after the final passage
of this article; provided, however, that nothing in this section shall
apply to shows, entertainments or exhibitions for charity or instruction.
B.
No person or persons, corporation or corporations
shall conduct or maintain a restaurant or place of supplying meals
or eatables to be eaten or consumed on the premises or conduct or
maintain a refreshment stand without having first taken out a license
for the same, and if any restaurant or refreshment stand or place
of supplying meals or eatables as aforesaid shall be open at the time
of the passage of this article, then such license shall be taken out
within 10 days after the final passage of this article.
C.
Stores and food markets or establishments.
[Added 4-1-1973 by Ord. No. 1972:241]
(1)
No person or persons, corporation or corporations
shall conduct or maintain a store or retail or wholesale outlet for
the sale of meats, groceries, provisions or any food products, including
but not limited to meat markets, bakeries, delicatessens, food markets,
whether or not they manufacture and make their own products, caterers
and confectionery stores which shall be deemed to include any stores
for the sale of candy, ice cream, soda and related products, without
first having obtained a license for the same, and if any such establishment
shall be open at the time of the passage of this article then such
license shall be taken out within 10 days after the final passage
of this article. All licenses shall be issued by the Borough Council
upon application for the same signed by the applicant and stating
where the store or establishment is to be conducted, including the
street and number where the store or establishment is located or to
be conducted. All licenses shall be subject to compliance with the
regulatory provisions of the Borough of Closter Board of Health regulations.[1]
[Amended 1-3-1994 by Ord. No. 1993:663]
[1]
Editor's Note: The Board of Health regulations
are contained in a separate volume.
D.
No person or persons, corporation or corporations
shall operate a motor vehicle or other vehicle equipped for serving,
selling or dispensing food within the Borough of Closter without first
obtaining a license for the same and subject to compliance with the
provisions of the Borough of Closter Board of Health regulations.[2] The license fee therefor shall be as set forth in Chapter A301, Fees and Deposits.
[Added 12-27-1972 by Ord. No. 1972:241; amended 1-3-1994 by Ord. No. 1993:663]
[2]
Editor's Note: The Board of Health regulations
are contained in a separate volume.
All licenses mentioned above shall be issued
by the Borough Council upon application for the same, signed by the
applicant and stating the place where public amusement is to be conducted
or given and, if such application is for permission to conduct and
maintain a restaurant or refreshment stand, that application shall
state the street and number where such restaurant or refreshment stand
is to be conducted.
[Amended 10-13-1971 by Ord. No. 1971:226; 12-27-1972 by Ord. No. 1972:241; 1-26-1977 by Ord. No. 1977:296; 2-23-1977 by Ord. No. 1977:302; 1-3-1994 by Ord. No. 1993:663]
B.
The license fee for restaurants, which shall include luncheonettes, diners, taverns, pizza kitchens and all similar establishments which provide for the serving of food to the public, shall be as set forth in Chapter A301, Fees and Deposits.
C.
All licenses shall expire on the 31st day of December
in each year. Any license so granted shall be revocable at any time
by a majority vote of the Borough Council upon complaint being made
and a hearing had thereon.
[Amended 1-3-1994 by Ord. No. 1993:663]
No license for a refreshment stand shall be granted unless such stand shall be erected a sufficient distance back from the street line to permit automobiles to drive entirely off the street when stopping to patronize said stand. The license fee for each refreshment stand shall be as set forth in Chapter A301, Fees and Deposits, which fee is imposed for the purpose of revenue.
The Borough Clerk shall record all licenses
issued by the Borough Council under this article in a book to be kept
by him for such purpose.
[Amended 12-27-1972 by Ord. No.
1972:241; 1-3-1994 by Ord. No. 1993:663; 11-8-1995 by Ord. No. 1995:705; 8-13-1997 by Ord. No. 1997:945; 12-17-2001 by Ord. No. 2001:858; 5-25-2005 by Ord. No.
2005:935; 2-11-2009 by Ord. No. 2009:1027; 8-8-2018 by Ord. No. 2018:1244]
A.
Purpose. The Mayor and Council recognize that a person may have a
right to go from place to place selling one's wares, but not
to remain indefinitely at a fixed location. Abutting property owners,
tenants and/or lawful occupiers of land and buildings have a right
to unobstructed access to their property and the public has a right
of passage over streets and sidewalks. A peddler, as defined in this
section, does not have the right to operate from a fixed place of
sale nor on a sidewalk. Furthermore, because of the transient nature
of their business, peddlers pose special problems to their customers.
A customer who wishes to complain ought to be able to verify a purchase
from an examination of the receipt at the time he or she locates a
peddler.
(1)
The Mayor and Council further recognize that persons have a constitutional
right to engage in certain expressive activities, but also that door-to-door
canvassing and solicitation creates unique and legitimate concerns
among residents of the Borough about unwanted intrusions into privacy,
potential criminal and/or fraudulent activities, and overall safety
within the community. This section is enacted under the municipality's
general policy to ensure the safe and orderly flow of pedestrians
and vehicular traffic, protect consumers and avoid altercations between
consumers and peddlers, prevent unwelcome intrusions into residents'
privacy, and promote the general safety and welfare of the community.
B.
CHARITABLE and PHILANTHROPIC
CONTRIBUTION
PEDDLER
PERSON, ORGANIZATION or INDIVIDUAL
SOLICITOR or CANVASSER
SOLICIT and SOLICITATION
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Includes political, patriotic, religious, eleemosynary, benevolent,
educational, civic or fraternal associations, societies and alike.
Includes the giving of alms, foods, clothes, money, subscriptions,
pledges or property of any nature or kind.
Any person, whether a resident of the Borough or not, traveling
by foot, wagon, automotive vehicle or any other type of conveyance,
from place to place, from house to house or from street to street,
carrying, conveying or transporting goods, wares, merchandise, meats,
fish, vegetables, fruits, foods, ice cream, fruit ices, soda water,
garden farm products or provisions, offering and exposing the same
for sale, or making sales and delivering articles to purchasers. "Hawkers,"
"huskers" and "vendors" are included within this definition.
Any individual, firm, partnership, corporation, company,
association, church, religious denomination, society, class or league.
Any person traveling from house to house or from street to
street either taking or attempting to take orders for the sale of
goods, wares or merchandise, subscriptions or personal property of
any nature whatsoever for future delivery or for services to be furnished
or performed in the future, whether or not the individual has, carries
or exposes for sale a sample of such or whether he is collecting advance
payment on such sales or not; any person engaged in soliciting information
and going from house to house or from street to street for the purpose
of conducting a poll, survey or similar activity for any purpose;
any person conducting a solicitation, as defined herein, or requesting
contributions of any kind and going from house to house or from street
to street on the public streets.
The request, directly or indirectly, for the donation of
money, property, anything of value or financial assistance of any
kind, and shall include the selling or offering for sale of any property,
real or personal, tangible or intangible, whether of value or not,
including but not limited to goods, books, tags, service emblems,
tickets, publications or subscriptions to publications or brochures,
and conducted from house to house or on the public streets. A solicitation
is complete when the solicitation is communicated to any individual
then located within the corporate limits of the Borough. "Canvass"
and "canvassing" are included within this definition, regardless of
whether or not the person engaged in canvassing requests money, credit,
property, financial assistance, support, or any other thing of value.
C.
No peddler shall station, place, set up or maintain
his cart or vehicle or allow it to remain on any sidewalk or public
right-of-way nor shall a peddler locate his cart or vehicle in such
a way as would:
(1)
Substantially restrict, obstruct, interfere with or
impede the pedestrian's right-of-way;
(2)
Substantially restrict, obstruct, interfere with or
impede the ingress or egress from the abutting property;
(3)
Create or become a nuisance;
(4)
Increase traffic congestion, cause or increase traffic
delay or hazard; or
(5)
Cause or create or constitute a danger to life, health
or property.
D.
A peddler shall not:
(1)
Sell food, drinks, ice cream or confections of any
kind for immediate consumption unless he has available for public
use his own litter receptacle which shall be clearly marked and maintained
for his patron's use, nor shall any peddler leave any location without
first picking up, removing and disposing of any trash or refuse remaining
from sales made by him.
(2)
Station, place, set up or maintain his car or vehicle
if to do so would reduce the unobstructed pedestrian right-of-way
to less than five feet.
(3)
Engage in the business of peddling within 10 feet
of any location where the curb had been depressed to facilitate pedestrian
or vehicle movement.
(4)
Engage in the business of peddling on or along any
sidewalk or street within 15 feet of any fire hydrant, crosswalk or
driveway.
(5)
Station, place, set up or maintain his cart or vehicle
or goods against display windows of a fixed location business nor
shall they be within 20 feet from any entrance to any building, store,
theater, library, school, museum, movies house, sports arena or other
place of public assembly.
(6)
Engage in the business of selling at any location
without giving a written receipt to each customer or engage in the
business of selling at any location without maintaining on his person
or at the cart or vehicle receipts showing the sales made during the
preceding week. The receipts shall show clearly the seller's name,
bona fide business address, license number, description of the merchandise
sold and the purchase price and shall be sequentially numbered.
(7)
Park a vehicle upon a public roadway or street for
the purpose of or during the process of soliciting sales or business,
displaying goods for sale or selling or offering to sell for delivery
of goods or merchandise to buyers, consumers or other persons who
are occupants of a vehicle standing or moving on the public streets
or highways.
(9)
Engage in the business of selling any merchandise
within three blocks of a currently established business in the Borough
of Closter already engaged in selling the same or similar merchandise.
The Chief of Police shall make the determination of the three-block
restriction pertaining to a licensed hawker or peddler.[2]
[2]
Editor’s Note: Former Subsection D(10), regarding property
marked or listed as “No Solicitors,” which immediately
followed, was repealed 8-8-2018 by Ord. No. 2018:1244.
E.
Inspection of equipment. The equipment used or employed
by peddlers of ice cream, foods, beverages, confections and other
related commodities shall be maintained in a clean and sanitary manner
and be subject to the inspection of the Board of Health or its authorized
agents. Any violations found and not immediately corrected shall be
grounds for revocation of the license.
F.
Unlawful solicitation. It shall be unlawful for any person directly
or through an agent or employee, or for a peddler, solicitor or canvasser,
to ply or conduct his trade or solicitation within the Borough of
Closter without having first obtained a license from the Borough Clerk
as hereinafter provided.
(1)
It shall be unlawful for any person, individually or as the agent
or employee of a person, or for any peddler, solicitor or canvasser
to ply or conduct his trade or solicitation within the Borough unless
his principal or employer has received a license, as hereinafter provided.
(2)
It shall be unlawful for any person or for any peddler, solicitor,
or canvasser to ply or conduct his trade or solicitation within the
Borough without visibly displaying an identification card issued to
that person by the Chief of Police, as hereinafter provided.
(3)
It shall be unlawful for any peddler, solicitor, or canvasser to
ply or conduct his trade or to solicit before 9:00 a.m. or after 9:00
p.m. or on Sundays or holidays.
(4)
It shall be unlawful for any person, directly or through an agent
or employee, or for any peddler, solicitor, or canvasser to ply or
conduct his trade or to solicit within the Borough of Closter after
expiration of any license.
(5)
It shall be unlawful for any person engaged in solicitation or for
any peddler, solicitor, or canvasser to knock at the door or ring
the doorbell of any home, apartment, or any other dwelling unit in
the Borough which is either listed on the Borough's Do-Not-Knock
Registry or upon which is clearly displayed at the entrance a notice
or sign which reads "No Solicitations" or which otherwise clearly
purports to prohibit solicitation on the premises, unless such person
is or has been invited upon the premises by the occupant thereof.
G.
Application for license required. All persons, except as otherwise
provided in this chapter or by law, desiring to solicit for charitable
or other purposes or to peddle, solicit, or canvass within the Borough
shall file with the Police Department prior to any solicitation a
solicitation application on forms provided by the Police Department
containing the following information:
(1)
The name of the person applying and desiring to solicit or peddle,
solicit, or otherwise canvass.
(2)
Whether the person applying is a natural person, partnership, or
corporation and:
(a)
If a natural person, the business and residence address and
telephone number must be given;
(b)
If a partnership, the names of all partners and the principal
business address and telephone number of each partner must be given;
(c)
If a corporation, the person registering must state whether
it is organized under the laws of New Jersey or is a foreign corporation
and must state the mailing address, the business location, the telephone
number, and the name of the individual in charge of the local office
of such corporation.
(3)
The name, address, date of birth, social security number, personal
photograph(s) and complete driver's license information of the
person or persons who shall be conducting the solicitation or otherwise
peddling, soliciting or canvassing.
(4)
A brief description of the nature of the business and the goods to
be sold or services to be performed for which funds are to be solicited
and an explanation of the intended use of the funds toward that purpose.
(5)
The time period within which the solicitation or the peddling, soliciting,
or canvassing is to be conducted, giving the date of the commencement
and termination of the effort.
(6)
If a vehicle or vehicles are to be used in the solicitation, a description
of the same, including, year, make and model, together with a license
plate number, registration certificate information and liability insurance
information or other satisfactory means of identification.
(7)
The names of any other municipalities in which the person applying
has solicited or otherwise peddled, solicited, or canvassed within
the previous 12 months.
(8)
Whether a license or certificate of registration has ever been revoked
by a municipality.
(9)
Whether the applicant has ever been convicted of a violation of a
felony under the laws of this state or any other state or federal
law of the United States.
H.
Review of application; duty of police to enforce.
(1)
The Police Department shall review the license application to determine
its compliance with the terms of this chapter within 48 hours after
receipt of same. If the person applying for the license registering
has not complied with the requirements of this chapter, the Chief
of Police will notify the applicant and specifically point out the
information that has not been furnished or that is required before
the application can be submitted to the governing body for approval.
Thereafter, upon receipt of a completed application and payment of
the prescribed fee (or in the event the applicant who is not required
to pay a fee), the Borough Clerk shall place the approval of the application
on the governing body's next scheduled council meeting for consideration.
The Chief of Police shall thereafter issue a license within 48 hours
of governing body approval, or notify the person applying for the
license either that the application has been denied or that it still
does not comply with the requirements of this chapter and specifically
point out the information that has not been furnished or that is required
before a license can be issued.
(2)
Disapproval of application.
(a)
The Chief of Police may, upon review of the application, refuse
to issue a license to the applicant for any of the following reasons:
[1]
The location and time of the activities described in the application
do not conform to the requirements of this chapter or would endanger
the safety and welfare of the applicant or its customers;
[2]
An investigation reveals that the applicant falsified information
on the application;
[3]
The applicant has been convicted of a felony, misdemeanor, or
ordinance violation involving a sex offense, trafficking in controlled
substances, or any violent acts against persons or property; or
[4]
The applicant is a person against whom a judgment based upon,
or conviction for, fraud, deceit, or misrepresentation has been entered
within the five years immediately preceding the date of application.
(b)
The disapproval of the Chief of Police and the reasons for disapproval
shall be noted on the application and the applicant shall be notified
that his application is disapproved and that no permit will be issued.
Notice shall be mailed to the applicant at the address shown on the
application form, or at the applicant's last known address.
(3)
It shall be the duty of any police officer of the Borough to require
any persons seen peddling, and who is not known by such officer to
be duly licensed, to produce its solicitors/peddlers license and to
enforce the provisions of this section against any person found to
be in violation of the same.
I.
All peddler's and solicitor's licenses shall
expire one year after the date of issuance. The license shall state
the date of expiration thereof The license shall also state the purpose
for which the same is granted, the number of the license and the name
of the person to whom the license is issued.
(1)
Every licensee, when requested by any officer or person
of like power and authority while in the performance of carrying on
his trade or business, as aforesaid, shall exhibit said license to
said officer. Any person actually carrying on the trade or business,
as aforesaid, who shall fail to produce a license provided by this
article shall be subject a fine as set forth herein.
J.
Exemptions. The following are exempt from peddler's
license requirements:
(1)
The delivery of milk, eggs, bread, newspapers or other
necessary and perishable articles of food or merchandise of the type
commonly delivered on a house-to-house basis on intervals of less
than once a week.
(2)
Federal census takers and polls or surveys taken pursuant
to federal, state or local laws; however, such individuals are required
to exhibit an identification badge from the Police Department which
shall be provided without charge.
[Amended 5-25-2005 by Ord. No. 2005:935]
(3)
Candidates for elective office which must comply with
any federal or state election contribution on expenditure; however,
such individuals are required to exhibit an identification badge from
the Police Department which shall be provided without charge.
[Amended 5-25-2005 by Ord. No. 2005:935]
(4)
Any veteran of the United States Armed Forces or any
exempted fireman possessing a licensed issued in conformity with N.J.S.A.
45:24-9 et. seq.; provided, however, that such person exhibits such
license to and obtains an identification badge from the Police Department
which shall be provided without charge.
(5)
Any public utility employee, where said public utility
is subject to regulation by the State Board of Public Commissioners;
provided, however, that such employee shall display the identification
badge or card issued by the employer.
(6)
Any person engaged in the delivery of goods, wares
or merchandise or other articles or things in the regular course of
business to the premises of persons who had previously ordered the
same or are entitled to receive the same by reason of the proper agreement.
(7)
Any person who sells any farm products of their own
raising on farms within the Borough of Closter.
(8)
Door-to-door canvassing or solicitation or other entry upon private
property by persons seeking to engage in anonymous political or religious
speech or advocating political, religious, social or charitable causes
but whose primary purpose is not to request money, credit, property,
financial assistance, support, or any other things of value, as well
as persons representing any charitable and philanthropic entity which
qualifies for tax-exempt status under the Internal Revenue Code; qualifies
for exemption from property tax under N.J.S.A. 54:4-3.6; qualifies
for exemption from sales tax under N.J.S.A. 54:32B-9; or was created
under or is otherwise subject to the provisions of Title 15A of the
New Jersey Statutes, shall be exempt from the licensing provisions
of this chapter. Such exempt persons shall be subject to the time
and place restrictions on canvassing in this chapter, including adherence
to the Do-Not-Knock Registry, and shall obtain a copy of the Borough's
Do-Not-Knock Registry from the Borough Clerk upon request.
K.
Do-Not-Knock Registry. The Borough Clerk shall prepare a list of
addresses of those premises where the owner and/or occupant has notified
the Clerk that transient merchants, itinerant merchants, itinerant
vendors, peddlers, canvassers, solicitors and door-to-door sales enterprises
are not permitted on the premises (hereinafter referred to as the
"Do-Not-Knock Registry").
(1)
Notification shall be by completion of a form available at the Borough
Clerk's office during normal business hours. The registry shall
be updated from time to time but at least by January 1 of each year.
(2)
Any owner and/or occupant who has requested enlistment on the Do-Not-Knock
Registry shall be able to purchase from the Clerk's office, for
a nominal fee, a sticker for display at his or her or its premises
indicating enlistment on the Do-Not-Knock Registry.
(3)
The Borough Clerk shall submit the Do-Not-Knock Registry list to
the Chief of Police at least biannually to be distributed to applicants
for a permit to peddle, canvass, itinerant vend or otherwise door-to-door
sell or canvass pursuant to the provisions of this chapter. The licensee
shall not peddle, solicit canvass, itinerant vend or conduct door-to-door
sales or solicitations at any premises identified on the then current
Do-Not-Knock Registry.
(4)
Any canvasser, peddler, itinerant vendor, itinerant merchant, solicitor
or door-to-door sales person or canvasser who violates any provision
of this chapter shall be:
[Amended 1-3-1994 by Ord. No. 1993:663; 12-12-2001 by Ord. No. 2001:858]
Any person or persons or their agents violating any of the provisions of this article shall, upon conviction thereof, be subject to a penalty as set forth in Chapter 1, General Provisions, Article II, Violations and Penalties, of this Code. Any officer before whom any person or persons violating any of the sections of this article may be brought, on conviction, may impose any fine in the discretion of such officer to the maximum herein fixed or imprison for any term less than the term fixed. Notwithstanding and in addition to the foregoing, any hawker or peddler licensed hereunder who shall violate any of the provisions of this article shall permanently have said license revoked by the Chief of Police upon conviction in Municipal Court.
[Adopted 9-27-1978 by Ord. No. 1978:340
(Art. III of Ch. 55 of the 1967 Code)]
It shall be unlawful for any person to engage
in any business related to the construction, alteration, demolition,
insulation, roofing or reroofing, including gutters and leaders, siding
or residing or refinishing of any building or to engage in any business
related to the laying or paving of any road, driveway, curb, sidewalk
or patio or to perform any excavation for any purpose without having
first obtained a license therefor as provided herein.
B.
BUILDER or CONTRACTOR
BUILDING
LICENSING OFFICER
PERSONS
Terms defined. As used in this article, the following
words shall have the meanings indicated:
Any person who, in any capacity other than employee of another
receiving wages as sole compensation, undertakes or offers to undertake
or claims to have the capacity to undertake or accepts an order or
contract for a consideration of any kind, whether in money or other
consideration, or submits a bid or offer to construct, erect, alter,
repair, add to, raze in whole or in part, move or remove, roof or
reroof, side or reside, insulate, coat or apply any substance other
than paint to any building, structure, project or improvement or who
submits a bid or offers to construct, replace, repair or lay any road,
driveway, curb, sidewalk or patio or who submits a bid or offer to
excavate any land or to change the contour of any land for any purpose
or who erects any scaffolding, staging, bridging, gate or fence in
connection therewith.
Any structure, whether fully enclosed or partially open,
erected for the protection of persons or animals or for the storage
of chattels or property of any kind.
The Construction Code Official of the Borough of Closter.
Any individual, firm, association, partnership or corporation.
This article shall not apply to:
A.
Any person or authorized representative of any governmental
unit.
B.
Any person who shall act as his or her own contractor
with respect to his or her own property or to property which is owned
by an entity controlled by such person.
C.
Any specialized trade for which a license is required
by statute.
D.
Landscape contractors who shall not perform any excavation
or land contour alteration work.
E.
House painters who may use scaffolding or staging
in their operations.
No firm, association or corporation shall engage
in building contracting in the Borough unless at least one officer
or member of said firm, association or corporation has been licensed
according to the provisions of this article and has a license issued
to it in the name of the firm, association or corporation as herein
provided. Such license shall be valid and in effect only while the
individual so licensed is still a member or officer of such firm,
association or corporation.
This article shall be administered by the Mayor
and Council of the Borough of Closter, with the Construction Code
Official being the licensing officer thereof. The licensing officer
shall propose rules and regulations as may be necessary to administer
this article for its approval, including the design of application
forms and the procedures for issuing of licenses. The rules and regulations
shall provide a procedure by which the licensing officer may refuse
to grant a license for cause and the manner in which an appeal may
be taken from such refusal to the Mayor and Council.
Any person who shall undertake or bid upon work, as defined in § 127-11 hereof, or who shall be in a category as described in the definition of "builder" or "contractor" in § 127-11B hereof, whether or not such person operates as a general contractor, contractor, subcontractor or specialty contractor in a specific area or in a specific trade, must acquire a license.
Applications for licenses under this article shall be made to the Construction Code Official, in writing, on forms as provided for in § 127-14 hereof.
A.
The application forms shall be signed, under oath,
by the applicant, and the license shall be issued to such applicant
either in his or her own name, in the case of an individual, or in
the corporate or firm name, in the case of a corporation, partnership
or an individual trading under a properly registered business name.
(1)
In the case of a corporation, the application shall
state the date and state of incorporation, the full corporate name,
the address of the corporation, the name and address of its registered
agent and the name and address of the person who shall receive the
license for the corporation.
(2)
In the case of a partnership, the application shall
state the names and addresses of each of the partners, the business
address of the firm and the name under which the business is being
conducted and the name and address of the person to whom the license
shall be issued.
(3)
In the case of an individual, the name and address
of the individual and the address at which the business is conducted
and the trade name, if any, under which the business operates.
B.
When one or more individuals, corporations, firms
or associations shall engage in any project as joint venturers or
otherwise, each individual, corporation, partnership or firm shall
be required to be licensed.
C.
The application form shall be filled out to the satisfaction
of the Construction Code Official and shall include the following
information:
(1)
The time in years that the applicant has been engaged
in the business for which a license is sought and a short resume of
his experience.
(2)
Whether the applicant carries public liability insurance
and workmen's compensation insurance and the names and addresses of
the insurors.
(3)
Whether the applicant has been refused a similar license
in any other municipality or political subdivision or whether a similar
license has ever been revoked.
[Amended 1-3-1994 by Ord. No. 1993:663]
The annual fee for a license under this article shall be as set forth in Chapter A301, Fees and Deposits, for a term of one year and shall be renewable on September 1 of each year.
The Mayor and Council shall have the power to
revoke a license issued under this article, and the Construction Code
Official shall have the power to suspend any license issued hereunder
for one or more of any of the following acts or omissions:
A.
Fraud or misrepresentation as to any statement in
the license application.
B.
Violation of any applicable building code or of any
ordinance of the Borough of Closter relating to any work covered by
this article.
C.
The filing of a voluntary or involuntary petition
in bankruptcy or an action in any court leading to receivership of
the licensee.
D.
Failure to comply with any regulation or directive
of any governmental agency.
A.
The Construction Code Official, any contractee or
the Mayor and Council may prefer charges against any licensee under
the terms of this article by the filing of a written and sworn complaint
that shall state the substance of the charges. Such complaint shall
be filed with the Borough Clerk, who shall advise the Mayor and Council
that a complaint has been filed. The Mayor and Council shall appoint
a committee of its membership, which may include the Engineer, to
investigate the charges within 30 days of the time of filing of the
complaint. If the committee's report states that there is probable
cause that this article has been violated, the Mayor and Council shall
cause a statement, in writing, to be forwarded by regular mail to
the licensee at the address shown on the application for a license.
Such writing shall contain a statement of facts relating to the charges
and shall specify the particular violation of this article, any applicable
building code or any applicable ordinance or statute.
B.
The statement shall advise the licensee of the time
and place of a hearing to be held, not more than 20 days from the
date of the mailing of the statement, and that the licensee must appear
at such hearing to show cause why his license shall not be revoked
or suspended.
C.
At the hearing, the licensee shall have the right
to appear personally or by counsel, to cross-examine witnesses against
him and to produce witnesses and evidence in his behalf.
D.
Failure of the licensee to appear at the hearing may
be deemed to be an admission by the licensee of the truth of the allegations
of the complaint or of the statement of the investigative committee
or of the statement of the Mayor and Council. The Mayor and Council
shall have the power to suspend or revoke the license in such case.
In the event that the license is suspended, the Mayor and Council
shall schedule a final hearing within 30 days at which a final determination
shall be made, either revoking the license, revoking a suspension
or deciding that there is no cause for suspension or revocation.
A.
After revocation of a license for any cause set forth
herein, such license shall not be reissued nor any new license issued
for a period of one year from the date of revocation.
B.
The Construction Code Official shall not issue a license
to any individual, firm, association or corporation when he or she
has reason to believe that the application includes any person, firm
or corporation to whom a license had been issued and such license
had subsequently been suspended or revoked or to any individual, firm
or corporation where there is an unsettled claim arising from a transaction,
as the result of which a license was suspended or revoked.
The Construction Code Official shall not issue
a building permit for any activity which would require a license under
this article until such license is issued.
