[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]
[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:
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]
[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:
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:
Seeking or endeavoring to sell any goods, wares, securities,
merchandise or services, by sample, description or otherwise.
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.
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:
[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:
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.
Shall mean alms, food, clothes, money subscription or property
of any nature or kind.
Shall mean any individual, firm, copartnership, corporation,
company, association, church, religious denomination, society, class
or league.
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:
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.
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.
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:
[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]
[1993 Code § 156-1]
As used in this section, the following terms shall have the
meanings indicated:
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.
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.
Shall mean and shall include any goods, wares, merchandise
or other property capable of being the object of a sale regulated
hereunder.
Shall mean any person, partnership, firm or corporation.
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.
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]
[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]
[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.
[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:
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.
Shall mean any person who supplies any automatic amusement
device to another for use in his premises, whether under lease or
any similar arrangement.
Shall mean any person in whose premises any automatic amusement
device is placed or kept for operation.
Shall mean any person, firm, corporation, partnership or
association.
[1993 Code § 59-2]
[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]
[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.
[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:
[1993 Code § 59-10]
[1993 Code § 142-1]
As used in this section, the following terms shall have the
meanings indicated:
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.
[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.
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]
[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:
Shall mean any automobile, truck, motorcycle, motor scooter
or other self-propelled vehicle not operated on tracks or trolleys.
Shall mean and shall:
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.
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.
[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.
[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]
[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]
[Ord. No. 1723]
As used in this section, the following terms shall have the
meanings indicated:
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.
Shall mean a piece of land, 10 feet by 15 feet, licensed
by the Township to individuals for community gardening purposes.
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]
[Ord. No. 1723]
The Environmental Commission shall set forth rules and regulations
governing the Community Gardens Program.
