Township of West Caldwell, NJ
Essex County
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Table of Contents
Table of Contents
[1993 Code § 127-1]
The purpose of this section is to provide a uniform set of procedures for administering the issuance, renewal and revocation of all licenses issued by the township except alcoholic beverage licenses, dog licenses and taxicab licenses.[1]
[1]
Editor's Note: See also Chapter 8, Alcoholic Beverage Control; Chapter 9, Animal Control; Chapter 10, Taxicabs; Chapter 14, Health and Chapter 17, Section 17-6, Public Scavengers and Section 17-4, News Vending Machines.
[1993 Code § 127-2]
a. 
All applications for licenses shall be accompanied by the required fee and, except where otherwise specifically provided, shall be made to or through the Township Clerk/Administrator upon forms provided by him and shall contain the following information:
1. 
Name, permanent and local address and telephone number of the applicant. If the applicant is a corporation, the name and address of its registered agent.
2. 
If the licensed activity is to be carried on at a fixed location, the address and description of the premises.
3. 
If vehicles are to be used, a description of each, including the license number.
4. 
If the applicant is employed by another, the name, address and telephone number of the employer, together with credentials establishing the exact relationship.
5. 
The days of the week and the hours of the day during which the licensed activity will be conducted.
6. 
A description of the nature of the business and the goods, property or services to be sold or supplied.
7. 
A statement as to whether the applicant has been convicted of any crime or the violation of any municipal ordinance (other than traffic offenses) and, if so, the date and place of conviction, the nature of the offense and the sentence or penalty imposed.
8. 
Two references as to good character.
b. 
The applicant shall be fingerprinted. Fingerprint records shall be immediately processed for classification and identification.
c. 
Applications by partnerships shall be signed by all partners, with the information required by this subsection supplied in detail as to each partner, and applications of corporations shall have attached individual statements containing all of the information required by this subsection relating to each employee or agent who shall engage in the licensed activity and shall be signed by each employee or agent.
d. 
Two photographs, not over one year old, showing applicant's face, front and profile, of a minimum size of 1 1/2 inches by 1 1/2 inches shall be affixed to the application.
[1993 Code § 127-3]
Each application shall be referred to the Chief of Police or a police officer designated by him, who shall immediately institute whatever investigation of the applicant's business responsibility, moral character and ability to properly conduct the licensed activity he considers necessary for the protection of the public. He shall communicate his findings in writing to the Township Clerk/Administrator within a reasonable time after the application has been filed. If the investigator shall determine that the applicant's character, ability or business responsibility is unsatisfactory or that the products, services or activity is not free from fraud, he shall so advise the Township Clerk/Administrator, who shall, when he is the issuing authority, refuse to issue the license and so notify the applicant. Otherwise, where the Township Clerk/Administrator is the issuing authority, he shall issue the license immediately, provided that the required license fees have been paid. Where appropriate or where expressly provided investigation of applicants and their business shall be referred to the Board of Health, Fire Department, Fire Prevention Bureau or Construction Official for their recommendations. In the event of the refusal of the issuance of a license, the applicant may appeal to the Council for a hearing. The appeal must be filed, in writing, with the Township Clerk/Administrator within 14 days after notification of the refusal. The Council shall hold its hearing within 10 days thereafter, and its decision shall be final.
[1993 Code § 127-4]
Licenses shall be in a form which the Council shall prescribe by resolution and shall contain the following information:
a. 
The name and address of the licensee.
b. 
The number and type of the license and the nature of the licensed activity.
c. 
The address at which the licensed activity is conducted, if the activity is carried on at a fixed location.
d. 
If the licensed activity is conducted from a vehicle, the make, model and license number of the vehicle.
e. 
The expiration date of the license.
f. 
Any other appropriate information which the Mayor and Council may, by resolution require.
[1993 Code § 127-5]
The Township Clerk/Administrator shall keep a record of all licenses issued under this chapter. The record shall be in a form prescribed by resolution of the Council and shall contain the same information as is required by subsection 7-1.4 to be contained in the license. It shall also indicate the amount of the fee paid for the license, the date upon which payment was received, the date of the issuance of the license, whether the license is a new license or a renewal and any other information which the Mayor and Council may require by resolution.
[1993 Code § 127-6]
When the licensed activity is conducted at a fixed location or from a vehicle, the license or other evidence of licensing shall be prominently displayed at the location or on the vehicle. In all other cases the licensee shall have the license or other evidence of licensing in his possession at all times and shall display it upon the request of any police officer or any person with whom he is doing business.
[1993 Code § 127-7]
Every license shall apply only to the person to whom it was issued and shall not be transferable to another person. Licenses may be transferred from place to place, in cases where the licensed activity is conducted at a fixed location, but only with the approval of the Council by resolution. The fee for the transfer of a license from place to place shall be $5.
[1993 Code § 127-8]
a. 
Except where expressly provided otherwise, all licenses shall expire on December 31 of the year of issue at 12:00 midnight. Applications for the renewal of licenses shall be made not later than December 1 of the year of issue.
b. 
When an application for a license is made during the course of any calendar year, the fee shall be prorated to the nearest month. Any period of time greater than 1/2 month shall be considered as a full month for this purpose.
[1993 Code § 127-9]
Any license or permit issued by the township may be revoked by the Council after notice and a hearing for any of the following causes:
a. 
Fraud or misrepresentation in any application for a permit or license.
b. 
Fraud, misrepresentation or other dishonesty in the conduct of the licensed activity.
c. 
A violation of any provision of this Code.
d. 
Conviction of the licensee for any felony or high misdemeanor or a misdemeanor or disorderly person's offense involving moral turpitude.
e. 
Conduct of the licensed activity whether by the licensee himself or his agents or employees in contravention of state or federal law, municipal ordinance or in a manner that constitutes a breach of the peace or a menace to the public health, safety or general welfare.
[1993 Code § 127-10]
Notice of a hearing for the revocation of a license or permit shall be given in writing by the Township Clerk/Administrator. The notice shall specifically set forth the grounds upon which the proposed revocation is based and the time and place of the hearing. It shall be served by mailing a copy to the licensee at his last known address by certified mail, return receipt requested, at least 10 days prior to the date set for the hearing.
[1993 Code § 127-11]
At the hearing the licensee shall have the right to appear and be heard, to be represented by an attorney, to present witnesses in his own behalf, to cross-examine opposing witnesses and to have a permanent record made of the proceedings at his own expense. The Council shall revoke or suspend the license if it is satisfied by a preponderance of the evidence that the licensee is guilty of the acts charged.
[1993 Code § 127-12]
The Council may issue another license to a person whose license has been revoked or denied as provided in this section if, after hearing, it is satisfied by clear and convincing evidence that the acts which led to the revocation or denial will not occur again; otherwise, no person whose license has been revoked or denied, nor any person acting for him, directly or indirectly, shall be issued another license to carry on the same activity.
[1993 Code § 127-13]
The Council may, by resolution, make rules and regulations which interpret or amplify any provision of this section or for the purpose of administering the provisions of this section or making them more effective. No regulation shall be inconsistent with or alter or amend any provision of this section, and no regulation shall impose any requirement which is in addition to or greater than the requirements that are expressly or by implication imposed by any provision of this section.
[1993 Code § 116-1; Ord. No. 1786-2016]
As used in this section, the following terms shall have the meanings indicated:
PEDDLER
Shall mean and shall include any person, whether a resident of the township 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, food, 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. The word "peddler" shall include the words "hawker," "huckster" and "vendor."
[1993 Code § 116-2; Ord. No. 1786-2016]
It shall be unlawful for any person to engage in business as a peddler within the corporate limits of the township without first obtaining a license.
[1993 Code § 116-3; Ord. No. 1786-2016]
a. 
The license fee for a peddler shall be $30 per year.
b. 
The fee as above set forth is for the purpose of administrative costs.
c. 
No portion of the fee shall be prorated for any part of the year.
[1993 Code § 116-4; Ord. No. 1786-2016]
No peddler shall have any exclusive right to any location, nor shall be permitted to operate in any congested area where his operations might impede or inconvenience the public. For the purpose of this section, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.
[1993 Code § 116-5; Ord. No. 1786-2016]
No person shall sell, offer for sale, hawk or peddle in the township any of the items listed in subsection 7-2.1 before 9:00 a.m. or after 5:00 p.m., nor on Sundays or holidays.
[1993 Code § 116-6; Ord. No. 1786-2016]
It shall be the duty of any police officer of the township to require any person seen peddling, who is not known by such officer to be duly licensed, to produce his peddler's license and to enforce the provisions of this section against any person found to be violating the same.
[1993 Code § 116-7; Ord. No. 1786-2016]
This section shall not be construed to include:
a. 
The delivery of milk, eggs, bread, newspapers or such other necessary and perishable articles of food or merchandise of the type commonly delivered on a house-to-house basis at intervals of less than one week.
b. 
Federal census takers and polls or surveys taken pursuant to federal, state or local laws shall not be prohibited by this section.
c. 
Any veteran or volunteer fireman who holds a special license issued pursuant to N.J.S.A. 45:24-9 shall be exempt from application for a license but shall be required to comply with all other applicable provisions of this chapter.
[1993 Code § 116-8; Ord. No. 1786-2016]
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 shall be subject to the inspection of the Board of Health or its authorized agents. Any violation found and not immediately corrected shall be grounds for revocation of the license.
[1993 Code § 116-9; Ord. No. 1786-2016]
As used in this section, the following terms shall have the meanings indicated:
SOLICITING BUSINESS
Shall mean the same as "canvassing" or "canvassing business," and shall include the following when done by any person who goes from place to place by traveling on the streets with a vehicle or on foot from house to house:
a. 
Seeking or endeavoring to sell any goods, wares, securities, merchandise or services, by sample, description or otherwise.
b. 
Taking orders for such goods, wares, securities, merchandise or services for either present or future delivery with or without a payment in whole or in part.
c. 
Advertising goods, wares, securities, merchandise or services for sale by passing or circulating handbills.
[1993 Code § 116-10; Ord. No. 1786-2016]
This section shall not apply to the following acts:
a. 
Soliciting done by the legal owner, lessee or agent of same upon the property owned or leased by the solicitor.
b. 
Soliciting done for the purpose of sale of personal property at wholesale to retailers in such articles.
c. 
Delivery of newspapers, advertising circulars or goods in the regular course of business or the collection of payments therefor.
d. 
The services of public utilities and their duly authorized agents or representatives, provided that such exemption for public utilities shall not apply to the selling of other than public utility services.
e. 
Soliciting by any religious or charitable organization as provided for in Section 7-4 of this chapter.
f. 
Soliciting by persons lawfully exempt by state statute or federal law from the licensing requirements set forth herein or to persons lawfully entitled to conduct a business wherein a license or certificate is required by any department, board, commission or agency of the State of New Jersey or the township.
g. 
Distribution of handbills or literature on behalf of a candidate for public office.
[1993 Code § 116-11; Ord. No. 1786-2016]
It shall be unlawful for any person to solicit business in the township without first having obtained a license. Any person desiring a license to solicit business within the township shall file an application with the Township Clerk. The application shall contain, in addition to general requirements, the following:
a. 
Places of residence of the applicant for the preceding three years.
b. 
Names and addresses of the persons from whom the goods, wares, securities, merchandise or services to be offered were or are to be purchased.
[1993 Code § 116-12; Ord. No. 1786-2016]
If, after investigation, the Chief of Police concludes that the applicant's character and business responsibility are satisfactory, he shall signify his approval of the application on the reverse side; otherwise, he shall note his rejection thereon.
[1993 Code § 116-13; Ord. No. 1786-2016]
Upon verification and approval of the application by the Chief of Police, he shall refer the application to the Township Clerk, and, upon payment of the required fee, the Township Clerk shall issue a solicitor's license in the name of the applicant.
[1993 Code § 116-14; Ord. No. 1786-2016]
At the time of the issuance of the license, an identification card shall be issued to the licensee by the Township Clerk. The identification card shall bear a number corresponding with the number of the license and shall contain the name and photograph of the applicant, together with the words "Township of West Caldwell Canvassing License."
[1993 Code § 116-15; Ord. No. 1786-2016]
a. 
The license fee shall be $200 for each license for a ninety-day period. Licenses using motor vehicles shall pay a license fee of $200 for the first motor vehicle and shall pay an additional fee of $75 for each additional motor vehicle operated by the licensee with the Township of West Caldwell. In the event that more than one employee shall operate a motor vehicle, then a fee of $50 shall be payable for each such additional employee.
[1993 Code § 116-16; Ord. No. 1786-2016]
Upon expiration of a license, the licensee shall surrender the identification card to the Township Clerk.
[1993 Code § 116-17; Ord. No. 1786-2016]
Soliciting and canvassing shall be conducted only between the hours of 9:00 a.m. and 5:00 p.m., and no soliciting or canvassing shall be conducted on Sundays or holidays.
[1993 Code § 116-18; Ord. No. 1786-2016]
Licensees shall be courteous and shall conduct themselves in a lawful manner at all times.
[Ord. No. 1786-2016]
Applicants for a license under this section shall maintain and produce the declarations page of the vehicle'(s) policy.
[1993 Code § 116-19; Ord. No. 1786-2016]
As used in this section, the following terms shall have the meanings indicated:
CHARITABLE AND PHILANTHROPIC
Shall mean and shall include patriotic, religious, community service, welfare, benevolent, educational, civic or fraternal, and shall include any organization exempt under the applicable provisions of the United States Internal Revenue Code.
CONTRIBUTION
Shall mean alms, food, clothes, money subscription or property of any nature or kind.
PERSON OR ORGANIZATION
Shall mean any individual, firm, copartnership, corporation, company, association, church, religious denomination, society, class or league.
SOLICIT
Shall mean to request, directly or indirectly, money, credit, property, financial assistance or any other thing of value on the plea or representation that such money, credit, property, financial assistance or thing of value will be used for charitable and philanthropic purposes as defined below. A solicitation shall be deemed to be complete when made, whether or not the person making the same receives any contribution.
[1993 Code § 116-20; Ord. No. 1786-2016]
No person or organization shall solicit contributions for charitable and philanthropic purposes without first obtaining a permit authorizing the same; provided, however, that the provisions of this section shall not apply to any established organization authorized and not operated for the pecuniary profit of any person if solicitations by such organization are conducted among the members thereof or if the solicitations are in the form of collections or contributions at the regular assembly or meetings of any such organization.
[1993 Code § 116-21; Ord. No. 1786-2016]
a. 
Application for a permit to make a public solicitation of funds by charitable and philanthropic organizations shall be made to the Chief of Police upon forms provided by the township.
b. 
In addition to the information required in Section 7-1, Licensing Procedures, the application shall contain the following:
1. 
The purpose for which such solicitation is to be made and the estimated amount of funds proposed to be raised thereby.
2. 
A specific statement showing the need for the solicitation.
3. 
The name and address of the person who will be in direct charge of conducting the solicitation.
4. 
The names and addresses of all persons making the proposed solicitation.
5. 
A brief outline of the method to be used in conducting the solicitation.
6. 
The time and dates when such solicitations shall be made, giving preferred dates and alternate dates for the beginning and ending of such solicitation.
7. 
The amount of any wages, fees, commissions or expenses to be paid to any person or organization for conducting such solicitation and the names and addresses of all such persons.
8. 
A full statement of the character and extent of the charitable and philanthropic work conducted by the applicant within the township.
9. 
A statement to the effect that if the permit is approved, it will not be used or represented in any way as an endorsement of the proposed solicitation by the township or by any of its officers or departments.
c. 
If, while the application is pending or during the term of any permit granted thereunder, there is any change in fact, policy or method that would alter the information given in the application, the applicant shall notify the Township Clerk in writing within 24 hours after such change.
[1993 Code § 116-22; Ord. No. 1786-2016]
The investigation required under subsection 7-1.3 of this chapter, shall be limited to that sufficient for the Chief of Police to make a determination that the person or organization is bona fide. Upon making such a determination, the Chief of Police shall approve the application.
[1993 Code § 116-23; Ord. No. 1786-2016]
If the application shall be approved, the Chief of Police shall immediately notify the applicant of such approval and issue the permit without charge. If the application is disapproved, a notification of that decision shall immediately be sent to the applicant stating the reasons for such disapproval.
[1993 Code § 116-24; Ord. No. 1786-2016]
a. 
It shall be the duty of the Chief of Police to maintain a current calendar of approved solicitations to be conducted within the township.
b. 
The Township Clerk shall have the right to propose alternate dates for the solicitation if the requested dates should unfairly conflict with other solicitations being conducted within the township.
[1993 Code § 116-25; Ord. No. 1786-2016]
No permit may grant the right to solicit for a period longer than 30 consecutive days.
[1993 Code § 116-26; Ord. No. 1786-2016]
Any person or organization receiving money or any other thing of a value of $1 or more from any contributor under a solicitation made pursuant to this section shall give to the contributor a written receipt signed by the solicitor showing the date and the amount received. This section shall not apply, however, to any contribution collected by means of a closed box or receptacle used in solicitation where the use thereof has been approved by the Township Council, where it is impractical to determine the amount of each contribution.
[1993 Code § 116-27; Ord. No. 1786-2016]
All solicitations conducted under the authority of this section shall take place between the hours of 10:00 a.m. and 9:00 p.m., and no solicitations shall be conducted on Sundays. Any person or organization desiring to solicit at hours other than those stated herein shall make special request therefor on their application, and this special request may be approved only by the Township Council. If approval is given by the Township Council for the solicitation to be conducted at other than the hours stated in this section, the approval shall be plainly stamped on the permit issued by the Chief of Police.
[1993 Code § 133-1]
As used in this section, the following terms shall have the meanings indicated:
OPEN LOT
Shall mean any lot, tract or parcel of land which is not enclosed in a substantial permanent building, and shall not include any lot, tract or parcel of land upon which is erected a substantial permanent building used as a public garage wherein the business of public motor vehicle repair or public or private storage of motor vehicles is conducted, but shall include any lot, tract or parcel of land adjacent to the business.
USED MOTOR VEHICLE
Shall mean every motor vehicle, title to or possession of which has been transferred from the person who first acquired it from the manufacturer or the manufacturer's dealer.
USED MOTOR VEHICLE DEALER
Shall mean a person engaged in the business of selling, buying or dealing in used motor vehicles from an open lot in the township.
[1993 Code § 133-2]
No person shall engage in the business of selling, buying or dealing in used motor vehicles on an open lot within the township without first obtaining a license to engage in such business. No license shall be granted to engage in such business on premises within any of the residence districts of the township as defined and bounded by Chapter 20, Zoning. A license may be granted to conduct such business on premises within any business district of the township, as defined and bounded in Chapter 20, Zoning, provided that no license shall be issued for any lot within 500 feet of any church, public school, public building, public park or playground or fire station or within 300 feet of any private dwelling.
[1993 Code § 133-3]
a. 
Application for a used motor vehicle dealer's license shall be made to the Council in writing on forms approved by it. The application shall include, in addition to the general information required in Section 7-1, Licensing Procedures, the following:
1. 
The premises from which the business is to be conducted, identified by the street number, lot and block number on the Tax Maps and by a specific description giving the dimensions of the premises.
2. 
The license fee hereinafter prescribed.
3. 
A photostatic copy of a motor vehicle dealer's license issued by the Commissioner of Motor Vehicles.
b. 
Upon approval by resolution of the Mayor and Council, a license shall be issued by the Township Clerk/Administrator. Every license shall expire, unless sooner revoked, on January 31 of the year following the date of issue.
[1993 Code § 133-4]
The annual license fee shall be as follows:
a. 
$100 if the area of the lot on which such business is conducted is less than 10,000 square feet.
b. 
$200 if the area of the lot is in excess of 10,000 square feet.
[1993 Code § 133-5]
All licenses under this section shall comply with the following rules and regulations:
a. 
The licensee shall comply with all the requirements of Title 39 of the Revised Statutes of New Jersey[1] and all other statutory requirements with respect to the purchase, sale and transfer of motor vehicles and the business of buying, selling or dealing in motor vehicles in the State of New Jersey.
[1]
Editor's Note: N.J.S.A. 39:1-1 et seq.
b. 
The licensee shall establish and maintain, either upon the premises on which the business is conducted or upon premises adjacent thereto owned or controlled by the licensee, a permanent building equipped with toilet facilities complying with the provisions of the sanitary and plumbing codes of the township.
c. 
Curbing; Boundaries of Lots.
1. 
The licensee shall erect and maintain, along the street frontage declared in his application, a permanent curb of masonry, concrete or other equally durable material approved by the Township Engineer. The curb shall not be less than six inches in height above the ground and 12 inches below the ground, or, in lieu thereof, there shall be a permanent fireproof fence not less than 18 inches in height or lumber barriers not less than six inches by six inches. Where the curb shall be installed, it shall be at least two feet in back of the street line and parallel thereto. Where the fence is installed, it shall not encroach on or over the street line. The curb or fence shall be without openings except for entrance and exit. Entrance and exit openings shall not be more than 15 feet in width and shall be installed only where the street curb has been lowered and a monolithic Portland cement concrete construction Class C (one-to-two-to-four mix) eight-inch-thick concrete apron constructed. No more than one opening shall be permitted for each 50 feet of street frontage, provided that where the street frontage of the lot exceeds 50 feet, the total width of all openings shall not exceed 20% of the total street frontage of the lot.
2. 
No car shall be parked on a street frontage not declared which will encroach on or over the street line. Boundaries of the lot other than on a declared street frontage shall, where not otherwise clearly indicated, be marked with a white line at least four inches in width or a marker erected in front of the setback line established by the township.
d. 
The surface of the premises along the width of the lot for a distance of 20 feet in depth from the street line on which the business is conducted shall be completely covered by a hard-surfaced pavement with adequate drainage facilities.
e. 
No motor vehicle shall be parked on the premises nearer than four feet to any frame building.
f. 
No business shall be conducted on the premises on regular business days between the hours of 10:00 p.m. and 8:00 a.m. Business shall be closed on Sundays, Christmas Day, Memorial Day and Thanksgiving Day.
g. 
The licensee shall at all times maintain order within the premises; refrain from creating or allowing undue noise therein; extinguish lights after 10:00 p.m., except those lights necessary for police supervision and protection; place lights in such a manner as not to interfere with traffic lights or create a nuisance to adjacent residential properties; not permit smoke or dust to escape from the premises so as to constitute a public or private nuisance; and keep the premises in as neat and orderly a condition as the nature of the business shall allow. All signs shall conform to the requirements of Chapter 20, Zoning, and shall not encroach on the sidewalk area.
h. 
Licenses issued under this section shall not be used for any of the following:
1. 
Storage and retail sale of gasoline and motor fuels or gasoline service station.
2. 
Washing and cleaning automobiles and other motor vehicles or auto laundry.
3. 
Storage and dismantling of old or damaged automobiles and the removal and sale of parts therefrom or auto wreckers.
4. 
Storage of automobiles owned and operated by others and making repairs, alterations to or repainting or refinishing automobiles, or a public garage or automobile repair shop.
5. 
Collection and sale of scrap metal or junkyard.
6. 
Any other use or business not connected with or a part of selling, buying or dealing in used motor vehicles.
[1993 Code § 133-6]
Any person or persons violating any of the provisions of this section shall, upon conviction thereof, be subject to a fine as stated in Chapter 1, Section 1-5, General Penalty, of this Code.
[1993 Code § 156-1]
As used in this section, the following terms shall have the meanings indicated:
FIRE-AND-OTHER-ALTERED-GOODS SALE
Shall mean a sale held out in such a manner as to reasonably cause the public to believe that the sale will offer goods damaged or altered by fire, smoke, water or other means.
GOING-OUT-OF-BUSINESS SALE
Shall mean and shall not be limited to the sale or an offer to sell to the public goods, wares and merchandise of any and all kinds and description on hand and in stock in connection with a declared purpose, as set forth by advertising, on the part of the seller that such sale is anticipatory to the termination, closing liquidation, winding up, discontinuance, conclusion or abandonment of the business in connection with such sale. It shall also include any sale advertised to be an adjustment sale, creditor's sale, executor's sale, administrator's sale, insolvent sale, insurance salvage sale, mortgage sale, assignee's sale, adjustor's sale, receiver's sale, loss-of-lease sale, wholesaler's sale, creditor's committee sale, forced-out-of-business sale, removal sale and any and all sales advertised in such manner as to reasonably convey to the public that, upon the disposal of the stock of goods on hand, the business will cease and be discontinued.
GOODS
Shall mean and shall include any goods, wares, merchandise or other property capable of being the object of a sale regulated hereunder.
PERSON
Shall mean any person, partnership, firm or corporation.
PUBLISH OR PUBLISHING OR ADVERTISEMENT OR ADVERTISING
Shall mean any and all means of conveying to the public notice of sale or notice of intention to conduct a sale, whether by word of mouth, letter, newspaper advertisement, magazine advertisement, handbill, written or printed notice, printed display, billboard display or poster, whether in or away from the business location, radio announcement and any and all other means, oral or written.
REMOVAL-OF-BUSINESS SALE
Shall mean a sale held out in such a manner as to reasonably cause the public to believe that the person conducting the sale will cease and discontinue business at the place of sale upon disposal of the stock of goods on hand and will then move to and resume business at a new location in the township or will then continue business from other existing locations in the township or elsewhere.
[1993 Code § 156-2]
It shall be unlawful for any person to publish, announce or conduct any sale of the type or kind herein defined without first obtaining a license therefor in compliance with the provisions of this section.
[1993 Code § 156-3]
A person desiring to conduct a sale regulated by this section shall make a written application to the Township Clerk/Administrator setting forth and containing the following information:
a. 
The true names and addresses of the owners of the goods to be the object of the sale.
b. 
The true name and address of the person, persons or company from whom the owner purchased the goods to be sold and the price therefor, and, if not purchased, the manner of such acquisition.
c. 
A description of the place where such sale is to be held.
d. 
The nature of the occupancy, whether by lease or sublease, and the effective date of termination of such occupancy.
e. 
The dates of the period of time in which the sale is to be conducted.
f. 
A full and complete statement of the facts in regard to the sale, including the reason for the urgent and expeditious disposal of goods thereby, and the manner in which the sale will be conducted.
g. 
The means to be employed in advertising the sale, together with the proposed content of any advertisement.
h. 
A complete and detailed inventory of the goods to be sold at the sale as disclosed by the applicant's records. Such inventory shall be attached to and become part of the application.
[1993 Code § 156-4]
Any applicant for a license hereunder shall submit to the Township Clerk/Administrator with his application a license fee of $25. Any applicant for a renewal license hereunder shall submit to the Township Clerk/Administrator with his renewal application a renewal fee of $25.
[1993 Code § 156-5]
The Township Clerk/Administrator shall have the following duties:
a. 
To receive applications for all licensees hereunder and to process them as required herein.
b. 
After the receipt of all fees and charges and reports required by the nature of the application, to refer the application, with the result of the processing, to the Mayor and Council.
c. 
In the event of favorable action by the Mayor and Council, to issue the license, provided that all regulatory fees and charges and municipal taxes, if any, pertaining to the license have been paid.
d. 
To keep all records pertaining to such licenses, licensees and agents.
e. 
To establish the application forms for issuance and renewals of all licenses hereunder, including the requirements that the applications be executed under oath, and procedures for processing shall minimize duplication and permit the Mayor and Council to review all matters pertaining to the license prior to determining any action to be taken thereon.
[1993 Code § 156-6]
The license shall authorize the sale described in the application for a period of not more than 60 consecutive days following the issuance thereof. Such license shall be renewed, at the discretion of the Mayor and Council, for an additional period of time not exceeding 30 days, upon the filing of a new application, which must be accompanied by a revised inventory showing the items listed on the original inventory remaining yet unsold and not listing any goods not included in the original application and inventory.
[1993 Code § 156-7]
a. 
Type of Sale. The license shall authorize only the type of sale described in the application at the location named therein.
b. 
Goods Described in Inventory. The license shall authorize only the sale of the goods described in the inventory attached to the application.
[1993 Code § 156-8]
Upon being issued a license under this section, the licensee shall surrender to the Township Clerk/Administrator all other business licenses he may hold at that time applicable to the location and goods covered by the application for a license under this section.
[1993 Code § 156-9]
Any license provided for herein shall not be assignable or transferable.
[1993 Code § 156-10]
A licensee hereunder shall:
a. 
Make no additions whatsoever during the period of the licensed sale to the stock of goods set forth in the inventory attached to the application for license.
b. 
Refrain from employing any untrue, deceptive or misleading advertising.
c. 
Conduct the licensed sale in strict conformity with any advertising or holding out incidental thereto.
d. 
Keep available at the place of sale a duplicate copy of the inventory submitted with the application and present such duplicate to inspecting officials upon request.
e. 
Keep any other goods separate and apart from the goods listed in the field inventory as being objects of sale and make such distinction clear to the public by placing tags on all inventoried goods in and about the place of sale, apprising the public of the status of all such goods.
f. 
Display the license in a prominent place on the window of the premises where the sale is to be held so that it is clearly visible from the exterior of the premises.
g. 
Keep suitable books and records at the place of sale and make such available to inspection by the Mayor and Council or its authorized representatives.
[1993 Code § 156-11]
It shall be unlawful:
a. 
To sell, offer or expose for sale or to list on the inventory required by subsection 7-6.3 any stock which is not the stock of the store or other place, the business of which is to be closed out by such sale for which a license has been granted.
b. 
To replenish or add to such stock for the purpose of disposal at such sale.
c. 
To fail, neglect or refuse to keep accurate and true records of the initial stock, stock sold and stock on hand.
[1993 Code § 156-12]
a. 
Grounds for Revocation. A license or renewal thereof issued pursuant to this section may be revoked by the Mayor and Council after notice and hearing for any of the following reasons:
1. 
Any fraud, misrepresentation or false statement contained in the application.
2. 
Any fraud, misrepresentation or false statement made as to the inventory, stock sold or stock on hand.
3. 
Any violation of this section.
4. 
Conviction of the licensee of any felony or of a misdemeanor involving moral turpitude.
5. 
Conducting the business licensed under this section in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
b. 
Procedure. Notice of hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be mailed by the Township Clerk/Administrator, postage prepaid, to the licensee, at his last known address, at least five days prior to the date set for the hearing.
[1993 Code § 156-13]
A license may be suspended for not more than five days by the Mayor and Council upon probable cause being shown that the license should be revoked or suspended.
[1993 Code § 156-14]
The Mayor and Council shall hold such hearings and make such investigations as may be necessary to carry out the provisions and intent of this section.
[1993 Code § 156-15]
The provisions of this section are intended to augment and be in addition to the provisions of other applicable licensing ordinances of the township. Where this section imposes a greater restriction upon persons, premises, businesses or other practices than is imposed by any other licensing ordinance of the township, this section shall control.
[1993 Code § 156-16]
Any person who has not owned the business described in the license application for a period of at least six months prior to the date of the proposed sale shall not be granted a license. This requirement shall not apply to the personal representatives, heirs, devisees or legatees of any person who dies while in business in the township.
[1993 Code § 156-17]
Where a person applying for a license hereunder operates more than one place of business, the license issued shall apply only to the one store or branch specified in the application, and no other store or branch shall advertise or represent that it is cooperating with it or in any way participating in the licensed sale, nor shall the store or branch conducting the licensed sale advertise or represent that any other store or branch is cooperating with it or participating in any way in the licensed sale.
[1993 Code § 156-18]
The provisions of this section shall not apply to or affect the following persons:
a. 
Persons acting pursuant to an order or process of a court of competent jurisdiction.
b. 
Persons acting in accordance with their powers and duties as public officials.
c. 
Duly licensed auctioneers, selling at auction.
d. 
Persons conducting a sale of the type regulated herein on the effective date of this section, unless such sale is continued for a period of more than 30 days from and after such effective date, in which event such person, at the lapse of the thirty-day period shall comply with the provisions of this section.
e. 
Any publisher of a newspaper, magazine or other publication who published in good faith any advertisement without knowledge of its false, deceptive or misleading character or without knowledge that the provisions of this section have not been complied with.
[1993 Code § 156-19]
No license authorized under this section shall be issued unless personal property taxes are paid to the date of the application for such license.
[1993 Code § 156-20]
Any person who violates any provisions of this section shall, upon conviction thereof, be subject to a penalty as stated in Chapter 1, Section 1-5, General Penalty, of this Code.
[1993 Code § 65-1]
No person shall own or operate within the Township of West Caldwell any games of chance as defined by N.J.S.A. 5:8-1 et seq. without obtaining a license therefor as issued by the Township of West Caldwell. Said license shall be issued pursuant to pertinent sections of N.J.S.A. 5:8-24 et seq., known as the "Bingo Licensing Law," and N.J.S.A. 5:8-50 et seq., known as the "Raffles Licensing Law," and the regulations promulgated thereunder.
[1993 Code § 65-2]
Each applicant for a license pursuant to this section shall file a written application with the office of the Township Clerk/Administrator as prescribed by the statute in accordance with the rules and regulations promulgated by the Legalized Games of Chance Control Commission of the Department of Law and Public Safety of the State of New Jersey.
[1993 Code § 65-3]
The Mayor and Council shall investigate and pass upon each license application or an amendment to or suspension or revocation of a license.
[1993 Code § 65-4; New]
The fees payable by law are as follows:
a. 
Bingo: $10 for each occasion on which any games of bingo are to be conducted under the license.
b. 
On-premises draw raffle: $10 for each day on which the same is to be conducted under the license.
c. 
Nondraw raffle: $10 for all raffles concurrently held on any one day or any series of consecutive days not exceeding six in any one week at one location.
d. 
Off-premises draw raffle: $10 for each $1,000 of retail value of the prizes to be awarded or any part thereof.
e. 
Special door prize raffle for under $50 of merchandise and for which no license is required: no fee is payable.
[1993 Code § 65-5]
The licensed activity may be conducted from 12:00 noon until 12:00 midnight on the same day, including Sundays.
[1993 Code § 65-6]
a. 
In the event that any person violates any provisions of this section or of the aforementioned statutes or the rules and regulations promulgated by the Legalized Games of Chance Control Commission or the terms of any license, such person shall be deemed a disorderly person. For the purpose of this section, "persons" shall include any individual, group of individuals, association, partnership, corporation or any other entity.
b. 
Upon conviction, in addition to the imposition of any penalties set forth subsequently herein, the license may be forfeited.
c. 
Any person who violates any provision of this section shall, upon conviction thereof, be punishable by a fine as stated in Chapter 1, Section 1-5, General Penalty, of this Code.
[1993 Code § 65-7]
This section shall take effect upon final passage and publication as required by law and filing with the Legalized Games of Chance Control Commission of the Department of Law and Public Safety of the State of New Jersey.
[1993 Code § 59-1]
As used in this section, the following terms shall have the meanings indicated:
AUTOMATIC AMUSEMENT DEVICE
Shall mean any machine which, upon the insertion of a coin, slug, token plate or disc, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score, including but not limited to such devices as marble machines, pinball machines, skill ball, mechanical grab machines and all games, operations or transactions similar thereto under whatever name they may be indicated. "Automatic amusement device" shall include video-type games or machines or similar devices that use a display screen for points, lines and dots of light that can be manipulated to simulate games or other types of entertainment. It shall not include nor shall this section apply to devices exclusively devoted to the playing of music.
DISTRIBUTOR
Shall mean any person who supplies any automatic amusement device to another for use in his premises, whether under lease or any similar arrangement.
OPERATOR
Shall mean any person in whose premises any automatic amusement device is placed or kept for operation.
PERSON
Shall mean any person, firm, corporation, partnership or association.
[1993 Code § 59-2]
a. 
Two or less automatic amusement devices shall be permitted as an accessory use subject to the provisions of Chapter 20, Zoning, of the Code of the Township of West Caldwell.
b. 
A game room containing more than two automatic amusement devices may be located as a conditional use provided for in Chapter 20, Zoning, of the Code of the Township of West Caldwell.
[1993 Code § 59-3]
No person shall maintain, operate or possess in any store, building or other place where individuals may enter or in any building or other place wherein any club or organization meetings are held within the Township of West Caldwell any automatic amusement device without first obtaining a license therefor.
[1993 Code § 59-4]
a. 
All applications for licenses under this section shall be made and delivered to the Township Clerk/Administrator on forms to be supplied for the purpose and shall be subscribed and sworn to by the applicant.
b. 
The application for the license shall contain the following:
1. 
Name and address of the applicant.
2. 
Name under which the place is being operated and the location of the same.
3. 
Number and type of alcoholic beverage license, where applicable.
4. 
Number and type of machines sought to be licensed.
5. 
Location where each automatic amusement device is to be located.
6. 
Name and address of the person from which each device is to be purchased, rented or otherwise obtained.
7. 
Description of each automatic amusement device sought to be licensed, including, for each device, the name of the manufacturer, model number and serial number.
8. 
Terms of agreement governing the acquisition and installation of said automatic amusement device.
9. 
Information indicating whether the distributor, the applicant or any person connected with the operation of the place wherein the automatic amusement device is to be installed has ever been convicted of any crime or found guilty of the violation of any ordinance pertaining to gambling or gaming.
10. 
Any other information which the Clerk/Administrator or Police Chief may deem reasonably necessary and proper for the full protection of the interest of the patrons or the public in the application.
[1993 Code § 59-5]
a. 
The fee for all applications for licenses pursuant to this section shall be $100 in addition to all licensing or transfer fees.
b. 
The fee for a license to operate an automatic amusement device shall be $150 for each device.
[1993 Code § 59-6]
a. 
All licenses issued under this section shall be for a term of one year, commencing on January 1 and expiring on December 31 of the year of issuance.
b. 
A license may be transferred from one automatic amusement device to another by giving notice to the Clerk/Administrator to that effect and giving a description of the new automatic amusement device, including manufacturer, model number and serial number. A license may be transferred from one place to another by giving notice to the Clerk/Administrator to that effect and supplying the required information as to the new premises. There shall be a fee for all transfers from one place to another in the amount of $100 per place or transfer.
c. 
A license shall be renewed by submission to the Clerk/Administrator, no later than November 15, of the application therefor, pursuant to subsections 7-8.4 and 7-8.5 of this section.
[1993 Code § 59-7]
a. 
No person shall in his place of business permit gambling in connection with the playing of any automatic amusement device or permit playing of a device by minors under the age of 13 years unless the minor is in the company of an adult.
b. 
An automatic amusement device may only be used or operated during the hours of operation of the premises in which located and when the operator or an employee of the operator is present in the premises.
[1993 Code § 59-8; New]
The Chief of Police or his designee may make an investigation of the premises and the applicant to determine the truth of the facts set forth in the application. The Fire Official may inspect the premises to determine whether said premises complies with existing fire regulations of the township. The Chief of Police and the Fire Official may, upon completion of their inspection, attach to said application their reports therein in writing. Upon receipt of said application and inspection reports, if any, the Clerk/Administrator shall proceed to consider the same and shall either approve or disapprove the issuance of the license to said applicant. If the applicant is approved, the Clerk/Administrator shall issue the necessary license upon the receipt of the license fee or fees as herein provided.
[1993 Code § 59-9]
a. 
Revocation. Anytime after the granting of the license, the Clerk/Administrator may, in the reasonable exercise of his discretion, revoke the same if, after hearing, he finds:
1. 
Gambling on the premises.
2. 
False or incorrect material on the application or information furnished by the applicant.
3. 
Failure to maintain good and safe conduct on the premises.
4. 
Violation of the laws of the State of New Jersey or this section or other ordinances of the Township of West Caldwell.
5. 
The presence of the automatic amusement devices results in gambling, obscene and loud language disturbing to the public or to other patrons of the premises, creating of a nuisance, excessive noise, litter, traffic or rowdyism by the patron.
b. 
Posting and Displaying. An operator's license granted pursuant to this section shall:
1. 
Be posted in a conspicuous place at the location for which said license was granted.
2. 
State the name and address of the licensee.
3. 
State the manufacturer, model number and serial number for each and every automatic amusement device for which said license was issued.
[1993 Code § 59-10]
Any person who violates any provision of this section shall, upon conviction thereof, be punished by a fine as stated in Chapter 1, Section 1-5, General Penalty of this Code.
[1993 Code § 142-1]
As used in this section, the following terms shall have the meanings indicated:
NURSERY SCHOOL
Shall mean any institution, school, home, place or facility operated by private persons providing preschool guidance, training and care between the hours of 8:00 a.m. and 4:30 p.m. in any one day for two or more children under the age prescribed by law as the minimum age for admission to public school, and includes kindergartens.
[1993 Code § 142-2]
No person shall conduct, operate or maintain or permit to be conducted, operated or maintained or participate in the conduct, operation or maintenance of a nursery school within the township unless the Township Clerk/Administrator has issued a valid license which is in full force and effect.
[1993 Code § 142-3]
Application for a license shall be in such form and manner as may be prescribed and shall include such information and data respecting the nursery school for which the license is requested as the Township Clerk/Administrator may prescribe, including a description of the facility and service and a statement of the personnel and program that are to be used.
[1993 Code § 142-4]
Upon receipt of an application for a license hereunder, the Township Clerk/Administrator shall cause an investigation to be made by the Health Officer of the activities, services and facilities of the applicant, including the character, reputation, health and qualifications of the applicant and members of the staff of the applicant, and of the applicant's financial responsibility. The applicant shall afford the Health Officer reasonable opportunity to inspect the applicant's proposed nursery school for which the license is requested and the applicant's books and records and to interview the applicant's agents and employees and any child or other person within his custody or control and shall also cause an examination of the premises by the Bureau of Fire Prevention and the local Board of Health as to compliance with the Fire Prevention Code[1] and the Health Code and obtain a report in writing thereon.
[1]
Editor's Note: See Chapter 12, Fire Prevention.
[1993 Code § 142-5]
Upon completion of the investigations and upon the filing of written approval by the Bureau of Fire Prevention and the Health Officer, the Township Clerk/Administrator shall issue a license to the applicant for the nursery school, provided that the Health Officer finds and determines that the applicant is adequately qualified and equipped to conduct, operate and maintain the nursery school; that such nursery school conforms to the requirements of this section; that it shall be operated and maintained in such manner as to be conducive to the benefit and welfare of the children over whom such applicant may have custody or control; that the applicant's financial responsibility is such as to give reasonable assurance of the continued operation and maintenance of such facility; and that the applicant and applicant's staff are of good character and reputation.
[1993 Code § 142-6]
a. 
Annual License. The Township Clerk/Administrator shall provide for the issuance and annual renewal of licenses. Licenses shall not be transferable either as to place or person.
b. 
Provisional License. The Township Clerk/Administrator, upon recommendation of the Health Officer, may issue a provisional license to any applicant for any period not to exceed six months if the applicant is temporarily unable to comply with all of the requirements of this section. Such provisional license may be renewed but only for an additional period not exceeding six months, provided that the applicant has made reasonable efforts to comply with such requirements.
c. 
Delays. In the event of delay on the part of the Township Clerk/Administrator to take final action upon an application for a license within 60 days after the application is submitted, it shall be lawful for the applicant to engage in the operation of the nursery school for which the license has been applied until the Township Clerk/Administrator has taken final action on the application and has notified the applicant thereof.
d. 
Fees. There shall be an annual license fee of $25 for a school having 20 or fewer children and $50 for a school having more than 20.
[1993 Code § 142-7]
Every licensee shall keep and maintain such records and make such reports to the Health Officer and Township Clerk/Administrator as may reasonably be required upon such forms as the Health Officer and Township Clerk/Administrator may prescribe.
[1993 Code § 142-8]
In the operation and maintenance of nursery schools licensed under the provisions of this section, the licensee shall provide suitable care and supervision of the children in his custody or safeguard the health, safety, morals and welfare of the children. No person shall operate, maintain or conduct any such facility except in conformity with the terms of this section.
[1993 Code § 142-9]
It shall be the duty of the Health Officer to inspect the nursery school for which license under this section has been issued as often as it shall be necessary for the adequate control and supervision of the same, and the Health Officer shall have the right to enter all facilities at any reasonable time for the purpose of making necessary investigations and inspections and shall be charged with the responsibility of enforcing and administering the provisions of this section.
[1993 Code § 142-10]
Every licensee shall require a certificate by a licensed physician respecting the physical condition of each child admitted to the nursery school licensed. No child suffering from a communicable disease shall be admitted to any nursery school. Children in any nursery school licensed under this section shall be immunized or vaccinated against communicable diseases in conformity with the practice prevailing in the township and as prescribed by the rules and regulations of the Board of Health. Each licensee hereunder shall make suitable arrangements for first aid, medical attendance by a licensed physician and isolation of children possessing suspected communicable disease.
[1993 Code § 142-11]
Every nursery school licensed under this section shall conform to applicable codes and ordinances of the township, including sanitation, building, electrical, fire prevention, housing and other codes and ordinances, and shall be free from fire hazards and have adequate protection against fire and explosions. Every nursery school licensed under this section shall be equipped, maintained and operated in such manner as to protect the children from health and safety hazards and from other dangers inimical to their general well-being or moral welfare. Gas and oil stoves and other dangerous appliances shall not be used in any nursery school. Standards of health and safety prescribed by the State Department of Education and the Board of Health shall be observed in the nursery school No permit shall be issued unless the nursery school has obtained a license to operate and maintain the same from the State Department of Education.
[1993 Code § 142-12]
Every nursery school licensed under this section shall have and maintain the following minimum physical standards, and no license shall be issued for the operation of a nursery school unless there is compliance with such requirements:
a. 
The premises on which such nursery school is to be conducted shall contain a minimum of three acres of land.
b. 
The nursery school shall provide a minimum of 50 square feet of floor space per child, based on the enrollment, exclusive of bathroom, lockers, kitchen, office and storage space.
c. 
A certificate of approval shall have first been obtained from the Commissioner of Education of the State of New Jersey, pursuant to and in accordance with the provisions of P.L. 1946, c. 303, and any supplement thereto or amendment thereof.[1]
[1]
Editor's Note: See N.J.S.A. 30:5B-1 et seq.
d. 
The standards for approval of nursery schools approved by the State Board of Education on October 5, 1952, and any amendments thereto or supplements or revisions thereof are hereby adopted for the purpose of this section and incorporated herein and shall constitute additional minimum physical standards of this section.
[1993 Code § 142-13]
Every licensee hereunder must provide adequate help to conduct, operate and maintain the nursery school in a proper manner and constant supervision to protect the children. The operator or executive in charge of a licensed nursery school must be a competent administrator qualified to conduct, operate and maintain such facility.
[1993 Code § 142-14]
Every person providing service in a licensed nursery school shall be qualified by temperament, training and experience to provide such service; and persons responsible for the guidance and training of children in such nursery school shall be of good judgment and capable of guiding children in an understanding manner. Every person employed in any nursery school shall be a responsible, emotionally stable individual of good character and reputation and shall be required to have a physical examination which shall include an X-ray examination of the chest and other tests by a licensed physician. No person shall be employed in any such school unless there has been issued to him a certificate by a licensed physician evidencing that such person is in good physical condition. No person who is afflicted with any disease of a communicable nature or who is a carrier of any such disease shall be employed in any such school.
[1993 Code § 142-15]
All food and beverages served in a licensed nursery school shall be clean, wholesome, free from spoilage, safe for human consumption and nutritious. The diet for the children shall be well balanced and adequate according to generally accepted standards of nutrition and health. Appropriate provisions for the refrigeration of food requiring refrigeration shall be made in the nursery.
[1993 Code § 142-16]
No license for the operation and maintenance of any nursery school shall be granted if the school does not conform to applicable zoning laws.
[1993 Code § 142-17]
Any person or persons violating any of the provisions of this section shall, upon conviction thereof, be subject to a fine as stated in Chapter 1, Section 1-5, General Penalty, of this Code.
[1993 Code § 74-1]
No person shall conduct a circus, fair, carnival, rodeo or similar public exhibition within the Township of West Caldwell without having first obtained a license.
[1993 Code § 74-2]
The fee for a license under this section shall be $25 for each day that the activity is to be conducted. Religious, charitable, fraternal and similar nonprofit organizations conducting activities licensed by this section in order to raise money for charity or some other public purpose or for the entertainment or recreation of the residents of the township shall not be required to pay any fee but shall comply with all other provisions of this section.
[1993 Code § 74-3]
In addition to the application information required by subsection 7-10.2, an application for a license under this section shall contain the following information:
a. 
The date or dates and the hours during which the licensed activity will be conducted.
b. 
A list of all the games, attractions, contests or performances that will be included in the activity to be conducted, a general description of each and, if not operated by the licensee or his employees, the name and address of the concessionaire or other person operating them.
c. 
A description of the off-street parking and sanitary facilities available at the location at which the activity is to be conducted.
d. 
Appropriate evidence that the licensee has made adequate provision for the payment of workmen's compensation to any of his employees who shall be injured as required by N.J.S.A. 34:15-71.
[1993 Code § 74-4]
In addition to the investigation required by subsection 7-10.3, the premises at which the licensed activity is to be conducted shall be inspected by the Chief of Police or a police officer designated by him to determine if there is adequate off-street parking available and that the licensed activity can be conducted without undue interference with vehicular or pedestrian traffic on public streets. The application shall also be investigated by the Construction Official, a representative of the Board of Health and a representative of the Bureau of Fire Prevention to determine if the licensed activity can be conducted without endangering public health or safety. These officials shall report the results of their investigations to the Township Clerk/Administrator within a reasonable time.
[1993 Code § 74-5]
Upon receiving the reports of the results of the investigations, the Township Clerk/Administrator shall transmit them, together with the information contained in the application for the license, to the Mayor and Council. The Mayor and Council shall approve or disapprove the application within a reasonable time. Upon the approval of the Mayor and Council, the Township Clerk/Administrator shall immediately issue the license. The license shall be valid only on the date or dates and during the hours set forth in the application.
[1993 Code § 159-1]
As used in this section, the following terms shall have the meanings indicated:
MOTOR VEHICLE
Shall mean any automobile, truck, motorcycle, motor scooter or other self-propelled vehicle not operated on tracks or trolleys.
MOTOR VEHICLE SERVICE STATION
Shall mean and shall:
a. 
Include any area of land, including structures thereon, that is used for the sale of gasoline or other motor vehicle fuel and oil and other lubricating substances, including any sale of motor vehicle accessories, and which may include facilities used or designed to be used for polishing, greasing, washing, spraying, dry cleaning, repairing or providing similar services.
b. 
Include a gasoline station as defined in Chapter 20, Zoning.
[1993 Code § 159-2]
No person shall conduct or operate a motor vehicle service station within the township without first obtaining a license therefor from the township in accordance with the provisions of this section.
[1993 Code § 159-3]
The Township Clerk/Administrator shall keep a record of all applications submitted and all licenses issued under this section.
[1993 Code § 159-4]
a. 
All applications for a motor vehicle service station license shall be made in writing, under oath, upon forms furnished by the Township Clerk/Administrator. The applicant shall set forth completely the information therein requested and file the application with the Township Clerk/Administrator. The application shall be accompanied by the license fee prescribed in subsection 7-11.6.
b. 
The application shall set forth:
1. 
If an individual, the name and address of the applicant.
2. 
If a partnership, the name and residence of each partner.
3. 
If a corporation or other organization, the name, date and state under whose laws such corporation or organization was organized and the names of the principal officers and local representatives and their residence and business addresses.
4. 
The name and residence of the owner of the premises.
5. 
The name and residence of the operator.
6. 
Such other information as may be required in the application.
[1993 Code § 159-5]
If, after an investigation by the Zoning Enforcement Officer and the Police Department it appears that the applicant is of good character and reputation and that the statements set forth in the application are correct, the Zoning Enforcement Officer and the Chief of Police shall endorse their respective approvals on the application. In such case, and upon payment of the license fee prescribed in subsection 7-11.6, the Township Clerk/Administrator shall issue to the applicant a license for a motor vehicle service station.
[1993 Code § 159-6]
The fee for a motor vehicle service station license shall be $5 for each pump nozzle per year or any part thereof.
[1993 Code § 159-7]
The license for a motor vehicle service station shall be issued for a term of one year, commencing as of January 1 and expiring on December 31 of the year of its issuance, unless sooner surrendered or revoked.
[1993 Code § 159-8]
a. 
The license issued under this section shall authorize the named licensee to conduct or operate a motor vehicle station only on the premises specified in the license.
b. 
No license issued under this section shall be transferred or assigned or used by any person other than the one to whom it is issued.
[1993 Code § 159-9]
a. 
No supplies or materials shall be kept outside the station building unless stored in metal racks or cabinets not to exceed seven feet in height, which shall be removed from exterior exhibit to interior storage during nonoperative hours.
b. 
No inoperative vehicles or used parts of motor vehicles or used tires shall be stored or displayed at any time outside the station building.
c. 
No repair work shall be performed outside the station building except for incidental minor repairs.
d. 
Testing, experimental adjustments or replacement of motors of sport cars or vehicles in design for competitive use shall not be considered to be normal service station operation, and such activities are prohibited.
e. 
Tow truck services shall be confined to regular hours of operation and shall not be extended to accidents requiring body repairs or replacements or storage of damaged vehicles awaiting appraisal investigation.
f. 
No electric lights shall be installed or arranged on any poles which exceed the height limited by Chapter 20, Zoning, and all such illumination shall be shaded properly so as to protect adjoining properties and property owners therefrom.
[1993 Code § 159-10]
No motor vehicles shall be sold or displayed for sale on the licensed premises.
[1993 Code § 159-11]
No rental of automobiles, trailers or other equipment shall be maintained or conducted on the licensed premises.
[1993 Code § 159-12]
Every licensee under this section shall keep and maintain:
a. 
The sidewalks and driveways surrounding the licensed premises in a safe condition and free from ice, sleet and snow.
b. 
All building and toilet facilities on the licensed premises in clean, neat and sanitary condition and free from accumulation of refuse and all plumbing fixtures in workable operation. The facilities shall be inspected at least monthly by the Health Officer.
c. 
Drainage refuse, grease dripping or other waste materials in containers approved by the National Board of Fire Underwriters, which shall be removed from the premises from time to time. The waste material shall not be deposited in the sewer mains at any time.
d. 
Proper fire extinguishing apparatus on the premises.
e. 
All vehicles on the licensed premises stored in such manner as to be readily removed in case of fire or other emergency.
[1993 Code § 159-13]
It shall be unlawful for any licensee to operate and conduct the business of a gasoline service station between the hours of 12:00 midnight and 6:00 a.m. The hours referred to shall be either Eastern standard time or Eastern daylight saving time, whichever is in effect in the township.
[1993 Code § 159-14]
Any license issued under this section may be suspended or revoked by the Council upon complaint of the Zoning Enforcement Officer if, after hearing upon 10 days' written notice of the time and place thereof, the Council finds that the licensee:
a. 
Has made false representations of material statements in the application for such license.
b. 
Knowingly violates or permits or countenances the violation of:
1. 
Any provision of this section.
2. 
Any state law or ordinance concerning the theft, larceny, conversion or operation, without the owner's consent, of any motor vehicle.
[1993 Code § 159-15]
The Zoning Enforcement Officer is hereby authorized and designated to enforce this section. He shall have the authority to inspect, during reasonable hours and as often as he deems necessary, any motor vehicle service station. The person conducting or operating the motor vehicle station shall permit and give free access to all parts thereof for purposes of inspection by the Zoning Enforcement Officer.
[1993 Code § 159-16]
Any person or persons violating any of the provisions of this section shall, upon conviction thereof, be subject to a fine as stated in Chapter 1, Section 1-5, General Penalty, of this Code.
[1993 Code § 182-1]
It shall be unlawful for any person to operate any motion picture theater in the township without first obtaining a license therefor from the Council as herein provided.
[1993 Code § 182-2]
An application for such license shall be made in writing to the Township Clerk/Administrator, stating in detail:
a. 
The names and addresses of the proposed operators of the theater and, if a corporation, the names and addresses of the stockholders and officers thereof.
b. 
The size of the lot on which the theater building is located.
c. 
The dimensions of the theater building.
d. 
The seating capacity thereof and facilities to be provided in said theater.
e. 
The nature and extent of off-street parking to be provided for the patrons of the theater.
f. 
The proposed hours of operation.
[1993 Code § 182-3]
The provisions of this section shall not apply to the showing of motion pictures, theatrical, dramatic productions or exhibitions conducted by any school, college or religious institutions, which shall be exempt from the provisions of this section, or to any nonprofit organization or group where such event is an isolated or single activity and does not present a series of performances which would otherwise require licensing.
[1993 Code § 182-4]
An annual license fee of $250 shall be paid by the applicant upon the filing of the application, which fee shall be returned if the application is denied. The license shall be issued as of February 1 in each year and terminate on January 31 in each year, and the fee therefor shall be prorated on a monthly basis.
[1993 Code § 182-5]
a. 
Upon the filing of such application with the Township Clerk/Administrator, he shall promptly forward a copy of such application to:
1. 
The Chief of Police to make an investigation and to submit a report concerning the following:
(a) 
Whether the conduct of the subject matter would be injurious to public health, safety, morals or welfare of the community.
(b) 
Whether the facility creates or will create unreasonable interference with traffic.
(c) 
Whether the facility, by reason of the nature of its operation, attracts undesirable persons and causes congregations, giving rise to the commission of criminal offenses, Disorderly Persons Act offenses, acts of juvenile delinquency or violations, on or about the premises or activity licensed, of this section and other laws of the state or local ordinances.
(d) 
Existence of any conviction of any crimes by the applicant or its officers or stockholders.
(e) 
Whether the applicant or its officers or stockholders have had any license rejected or suspended, the reasons therefor and the conduct of the applicant or such persons subsequent to such actions.
(f) 
Such other facts relevant to the general personal history of the applicant and its officers or stockholders as may be necessary to a fair determination of the eligibility of the applicant to conduct the licensed activity.
2. 
The Construction Official, who shall inspect the premises to determine whether or not the premises are safe for the members of the public attending the theater.
3. 
The Board of Health and the Health Officer, who shall make examination of the premises to determine whether they comply with all requirements of the state and municipal ordinances.
b. 
All of the officers shall make prompt inspection of the theater premises, in view of the requirements of public health, safety, morals or welfare of the community, and report thereon to the Township Clerk/Administrator with their approval or recommendations for the consideration of the Governing Body.
[1993 Code § 182-6]
Upon receiving all of the reports of the various agencies, the Council shall consider the application and, in the absence of any matters in the reports affecting the public health, safety, morals or welfare of the community, issue a license to the applicant.
[1993 Code § 182-7]
a. 
Every license issued pursuant to this section to exhibit motion pictures shall be subject to the terms and conditions hereinafter set forth, and every applicant for such license in accepting the license shall abide by and comply with the terms and conditions.
b. 
The licensee shall be responsible for any disorder.
c. 
No smoking shall be permitted within the premises at any time except in the left-side section, provided that an ashtray is placed on the rear of each seat and in the lobby and rest rooms when motion pictures are being exhibited or conducted in the theater. Such receptacles shall be emptied daily.
d. 
Any police officer, fireman or the Construction Official may enter such place at any time to inspect the same and enforce any applicable law or ordinance.
e. 
Any motion picture to be exhibited shall comply with the ratings or schedules adopted by the motion picture industry as to type of picture, recommended viewing public and age groups set forth for viewing such pictures.
f. 
Where the age of the person applying for admission is not visibly apparent as being above any restricted age, such person shall be required to supply proof of age and certify in writing as to his age, which certification shall be dated and retained by the licensee for a period of 30 days and, during that time, shall be subject to inspection by the Police Department of the township.
g. 
No motion pictures shall be exhibited unless it is clearly indicated in the advertisement thereof the type of picture to be shown as established by the ratings or schedules of the motion picture industry and the age group for which it is recommended.
h. 
No motion picture shall be exhibited without posting prominently in front of the theater the classification of the type of film to be exhibited, as established by the ratings and schedules of the motion picture industry and for the age group for which it is recommended.
i. 
No preview of any film shall be shown or any scene or scenes from such a film which is restricted to mature audiences on the same program with a film recommended to a family audience, as classified by the ratings and schedules of the motion picture industry.
j. 
No person shall:
1. 
Give his age falsely as 18 years of age or over for the purpose of gaining admittance to an exhibition of a film restricted against a young person of such age or less, as classified by the ratings and schedules of the motion picture industry.
2. 
Enter or remain in the viewing room of any theater where a film is being exhibited which is restricted against a young person of such age or less.
3. 
Stand in any aisle or passageway or place any obstruction or thing in any such aisle or passageway of any motion picture theater licensed thereunder.
4. 
Sell, procure for or give any person a ticket to an exhibition of a film restricted against such person.
5. 
Make any false statement for the purpose of enabling any young person to gain admittance to exhibition of a film when such film is restricted against a young person of such age.
k. 
Nothing in this subsection shall be construed to regulate public exhibitions preempted by the Revised Statutes of the State of New Jersey, as amended.
[1993 Code § 182-8]
Any person or persons violating any of the provisions of this section shall, upon conviction thereof, be subject to a fine as stated in Chapter 1, Section 1-5, General Penalty, of this Code.
[Ord. No. 1723]
As used in this section, the following terms shall have the meanings indicated:
COMMUNITY GARDEN
Shall mean township-owned property used to grow fruits, vegetables, flowers, herbs, or native or ornamental plants for noncommercial purposes, in which there is no exchange of goods for monetary value.
COMMUNITY GARDEN PLOT
Shall mean a piece of land, 10 feet by 15 feet, licensed by the Township to individuals for community gardening purposes.
COMMUNITY GARDENING
Shall mean the cultivation of vegetables, plants, flowers, herbs or native or ornamental.
[Ord. No. 1723]
The following township-owned properties shall be established as community gardens:
a. 
Real property being a portion of the Westville Avenue Pool property located at 293 Westville Avenue.
[Ord. No. 1723]
No person shall use a community garden plot for community garden purposes without first obtaining a license therefor from the Council as herein provided.
[Ord. No. 1723]
a. 
An application for such license shall be made to the Township Clerk on the form prescribed by the township.
b. 
The license shall be revocable and terminable at will for any reason, upon due notice, and is for the annual use of a community garden plot for a period not to exceed 12 months from the date of any such issuance.
[Ord. No. 1723]
a. 
A nonrefundable fee of $50 per community garden plot shall be paid by the applicant upon the initial filing of the application.
b. 
There shall be a nonrefundable annual renewal fee of $25 per community garden plot.
[Ord. No. 1723]
The Environmental Commission shall set forth rules and regulations governing the Community Gardens Program.