[Prior code § 8-4; amended by Ord.
98-2 § 2, 1998; Ord. No.
2008-08, § 1, 6-24-2008]
A.
Term. All licenses required by this chapter, unless otherwise specified,
shall be annual licenses and shall be issued for one year commencing
on June 1 of each year and shall terminate and become invalid on May
31 of the next succeeding year. Mercantile licenses shall be subject
to the provisions of Section 5.04.030(G).
B.
Exceptions. Licenses issued under the rules and regulations pertaining
to alcoholic beverage control are exempted from the provisions of
this chapter.
[Prior code § 8-5; amended by Ord.
No. 2008-08, §§ 2 — 4, 6-24-2008]
A.
Causes. Any license or permit issued under the provisions of this
chapter, or any ordinance of the Borough may be revoked by the officer
issuing such license after notice and hearing for any of the following
causes:
1.
Fraud, misrepresentation or false statement contained in any application
for permit or license;
2.
Fraud, misrepresentation or false statement in the conduct of any
business or activity authorized by such license;
3.
Any violation of this chapter;
4.
Conviction of the licensee for any felony or a misdemeanor involving
moral turpitude;
5.
Conducting any business or activity licensed under this chapter,
through the licensee himself or herself, or any of his or her agents,
servants or employees, in any unlawful manner or in such a manner
as to constitute a breach of the peace or a menace to the health,
safety or general welfare of the public.
6.
Conducting any business or activity not in compliance with the zoning
or land use regulations of the Borough.
B.
Notice of Hearing. Notice of a hearing for revocation of a license
or permit issued under the provisions of this chapter shall be given
in writing by the Borough clerk, setting forth specifically the grounds
of the complaint and the time and place of the hearing. The notice
shall be mailed to the licensee by certified mail to his or her last
known address at least five days prior to the date set for the hearing.
C.
Appeal. Any person aggrieved by the revocation of any license or
permit required by this chapter may appeal to the Borough council
by filing with the Borough clerk within 14 days after the applicant
or licensee has been notified of the complaint, a written statement
setting forth the grounds of the appeal. The Borough council or its
designee shall set a time and place for a hearing on such appeal and
notice shall be given to the appellant in the manner provided in Section
5.04.020(B). The decision and order of the Borough council or its
designee on such appeal shall be final and conclusive.
[Prior code § 8-6; amended by Ord.
88-21 § 12, 1988; Ord.
88-1 § 1, 1988; Ord. 96-10 § 1, 1996; Ord. 98-2 § 1, 1998; Ord. 2000-02 § 1, 2000; Ord. 2004-9 § 1, 2004; Ord. No. 2008-08, §§ 5, 6, 6-24-2008]
A.
License required. Except in those cases where a different license
is required by another provision of this code or by the laws of the
State of New Jersey, no person shall either directly or indirectly
conduct any business as defined in this subsection unless he or she
has obtained a mercantile license. For the purposes of this section,
any person shall be deemed to be engaged in a business and subject
to the provisions of this section when he or she does either or both
of the following acts:
B.
Application for license. Any person required to procure a mercantile
license under the provisions of this section shall submit an application
to the Borough Clerk accompanied by the required fee. The application
shall be on a form provided by the Borough Clerk and shall contain
the following:
1.
Any previous revocation or suspension of any license issued by the
Borough and the reasons therefor;
2.
A statement that the applicant's business will not violate the Zoning
Ordinance of the Borough;
3.
A statement that the applicant is not in default under the provisions
of this section, or indebted or obligated in any manner to the Borough,
except for taxes;
4.
Such other facts relative to the general personal history of the
applicant or his or her officers and managers if the applicant is
not an individual, so as to enable the Borough to make a fair examination
of the eligibility of the applicant;
5.
Name of person to whom license will be issued and his or her residence
address. If applicant is not an individual, then the names, positions,
and residence addresses of all officers and managers of the applicant;
6.
Premises at which the business is to be carried on and the name and
address of the owner of the premises;
C.
Investigation — Appeal. On submission of the application and
required fee to the Borough clerk, the Borough shall cause an investigation
to be made and, if a license is not granted, shall state its disapproval
in writing within 21 days after the filing of the application. If
approved, the license shall be issued by the council. If disapproved,
the applicant shall have 10 days from receipt of notice of disapproval
to appeal to the Borough council or its designee. The council, or
its designee, shall render a decision no later than 30 days after
the date of making the appeal.
D.
Regulations. The holder of a mercantile license shall:
1.
Permit all reasonable inspections of his or her premises;
2.
Permit access to the licensed premises at all reasonable times for
the purpose of inspection;
3.
Avoid all prohibited, improper, unlawful or unnecessary practices
or conditions which do or may adversely affect public health, morals
or welfare;
4.
Post or maintain his or her license on the licensed premises in a
place where it may be seen at all times.
E.
Permits for Nonprofit and Public Welfare Purposes. The Borough council
may authorize the issuance of special permits without the payment
of the mercantile license fee to any public, charitable, educational,
literary, fraternal or religious organization for the conduct or operation
of a temporary nonprofit enterprise of a public, charitable, educational,
literary, fraternal or religious nature. However, applicants shall
submit the usual application form in the manner provided and, if such
permit is granted, shall observe all other requirements of this section.
G.
Duration of License. All mercantile licenses under this chapter shall
be due and payable on June 1st of each year and shall terminate and
become invalid on May 31st of the next succeeding year.
H.
Operation of Business Without a License — Penalty.
1.
If, within 10 business days after being notified in writing by the Borough that a license is required, the business so notified does not obtain a license, or if the license is revoked as provided for in Section 5.04.020 and the business continues to operate, summons is to be issued for each day the business is in operation, beginning from the date of notice.
2.
Upon being found guilty of a violation of the Borough ordinance,
the fine to be imposed will be not more than $500 per offense, with
each separate day being a separate offense.
I.
Licenses Fees and Transfers. The fee for a mercantile license shall
be $125 and shall be due and payable on June 1st of each year in accordance
with the provisions of this chapter. Any license renewed after June
1st shall be subject to a late fee of $125. The late fee shall be
assessed in addition to the renewal fee. On transfer of the location
of the licensed business to a new location within the Borough, or
on sale of a business within the Borough, a license may be transferred
within its current term on amendment of the information contained
in the application for license and payment of a transfer fee of $10.
