[HISTORY: Adopted by the Township Council
of the Township of Parsippany-Troy Hills 10-28-1986 by Ord. No. 86:72
as Sec. 4-1 of the 1986 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Alarms — See Ch. 80.
Alcoholic beverages — See Ch. 83.
Amusement machines — See Ch. 86.
Amusement parks, carnivals and circuses — See Ch. 88.
Animals — See Ch. 91.
Auctions — See Ch. 95.
Entertainment establishments — See Ch. 145.
Games of chance — See Ch. 185.
Miniature golf courses and driving ranges — See Ch. 244.
Mink ranches — See Ch. 247.
Canvassers, solicitors and mobile vendors — See Ch. 296, Art I.
Tourist accommodations — See Ch. 381.
Trap shooting and target practice — See Ch. 389.
Truck terminals — See Ch. 396.
[1]
Editor's Note: For general power to license
and to prescribe license fees, see N.J.S.A. 40:52-1 et seq. For licensing
as part of the general police power, see N.J.S.A. 40:69A-29 and 40:69A-30.
[Amended 10-23-2007 by Ord. No. 2007:44]
The purpose of this chapter is to provide a uniform set of procedures for administering the issuance, renewal and revocation of licenses issued by the Township. This chapter shall not control where licensing and application procedures specific to a particular license are provided for in another chapter unless otherwise expressly stated therein. Additionally, the following licenses are exempt from this chapter: auctions under Chapter 95, miniature golf/driving ranges under Chapter 244, mink ranches under Chapter 247 and closeout sales under Chapter 320.
[Amended by Ord. No. 90:77]
A.
All applications for licenses shall be accompanied
by the required fee and shall be made to or through the Township Clerk
upon forms provided by him. All application fees shall be nonrefundable,
except that, when the Township Clerk shall deny an applicant a license
or permit, the applicant shall be refunded 50% of his application
fee. The nonrefundability of all application fees shall be stated
on all application forms.
B.
Applications may contain information deemed necessary
or specifically called for by ordinance.
(1)
Name and permanent and local address 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 a vehicle is to be used, its description including
the license number.
(4)
If the applicant is employed by another, the name
and address 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 Township ordinance other than
traffic offenses and, if so, the date and place of conviction, the
nature of the offense, and the punishment or penalty imposed.
(8)
Appropriate evidence as to the good character and
business responsibility of the applicant so that an investigator may
properly evaluate his character and responsibility.
(9)
Applications by partnerships shall be signed by all
partners with the information required by this section supplied in
detail as to each partner, and applications of corporations shall
have attached individual statements containing all of the information
required by this section relating to each employee or agent who shall
engage in the licensed activity, and shall be signed by each employee
or agent.
[Amended by Ord. No. 90:50; 10-23-2007 by Ord. No. 2007:44]
Each application shall be referred to the Police
Department, who shall cause an investigation to be made of the applicant’s
business responsibility, moral character and ability to properly conduct
the licensed activity, as deemed necessary by the Police Department
for the protection of the public. It shall communicate its findings
in writing to the Township Clerk not more than 30 days after the application
has been referred to the Police Department. If the investigation reveals
that the applicant's character, ability or business responsibility
is unsatisfactory, or that the applicant has misrepresented any information
in his/her/its application, or that the products, services or activity
are not free from fraud, the application shall be disapproved and
the Clerk shall refuse to issue the license and shall so notify the
applicant. Convictions of the applicant of one disorderly persons
or petty disorderly persons offense shall not by itself constitute
grounds to deny or withhold the approval of the application. Otherwise,
the Township Clerk shall issue the license immediately, provided the
required license fees have been paid, except in those cases where
approval of the Council is required. In the event of the refusal of
the issuance of a license, the applicant may appeal to the Council
for hearing. The appeal must be filed in writing with the Township
Clerk within 14 days after notification of the refusal. The Council
shall hold its hearing within 10 days thereafter, and its decision
shall be final.
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 Council
may require by resolution.
The Township Clerk 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 § 234-4 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.
[Amended 10-23-2007 by Ord. No. 2007:44]
The license shall be prominently displayed at
the location of the licensed activity and on any vehicle from which
the licensed activity is conducted. In all other cases the licensee
shall have the license in his/her/its possession at all time and shall
display it upon request.
Except as otherwise provided, a 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 $25.
Except where expressly provided otherwise, all
licenses shall expire at 12:00 midnight on December 31 of the year
of issue. Applications for the licenses shall be made not later than
December 1 of the year of issue.
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 an unlawful manner or in a
manner that constitutes a breach of the peace or a menace to the public
health, safety or general welfare.
F.
Whenever a license has been issued immediately upon
an application, pending the results of the investigation provided
for by this chapter, such license may be summarily revoked if the
result of the investigation is such as would have resulted in denial
of the application.
Notice of hearing for the revocation of a license
or permit shall be given in writing by the Township Clerk. 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 five days prior to the date
set for the hearing.
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.
The Council may issue another license to a person
whose license has been revoked or denied as provided in this chapter
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.
The Council may by resolution make rules and
regulations which interpret or amplify any provision of this chapter
or for the purpose of administering the provisions of this chapter
or making them more effective. No regulation shall be inconsistent
with or alter or amend any provision of this chapter, 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 chapter.
[Added 12-20-2005 by Ord. No. 2005:31]
This chapter shall be enforced by the Police
Department of the Township of Parsippany-Troy Hills.
