[HISTORY: Adopted by the Township Council of the Township of Springfield
12-14-1994 as § 5-1 of the 1994 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 91.
The purpose of this chapter 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; provided that tax exempt religious and charitable organizations
shall be exempted from paying the license fees provided for in this chapter.
An applicant for a license under this chapter shall file an application
with the Township Clerk, unless otherwise stated, and shall give the following
information:
A.
Name and business and home address and telephone number
of the applicant. If the applicant is a corporation, the name and address
of its registered agent and a copy of its certificate of incorporation.
B.
The name and address of the applicant’s attorney,
if applicable.
C.
The residence of the applicant, if an individual, during
the past five years.
D.
If the licensed activity is to be carried on at a fixed
location, the address and description of the premises.
E.
If a vehicle is to be used, its description, including
the license number.
F.
If the applicant is employed by another, the name and
address of the employer, together with credentials establishing the exact
relationship.
G.
The days of the week and the hours of the day during
which the licensed activity will be conducted.
H.
A description of the nature of the business and the goods,
property or services to be sold or supplied, or the purpose of the solicitation
of canvassing.
I.
The source of supply of the goods or property or services
proposed to be sold; where such goods, services or products are located, and
the method of delivery.
J.
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.
K.
Whether or not a similar license has ever been denied,
suspended or revoked. If so, the details of such, including the date and place
of such action and the reasons therefor.
L.
Appropriate evidence as to the good character and business
responsibility of the applicant so that an investigator may properly evaluate
his/her character and responsibility.
M.
The applicant shall be fingerprinted if the Chief of
Police determines that fingerprints are necessary for proper identification.
Fingerprint records shall be immediately processed for classification and
identification.
N.
Two recent photographs of the applicant shall be attached.
Photographs shall be approximately 2 1/2 inches square and shall show
the head and shoulders of the applicant in a clear and recognizable manner.
O.
Applications by partnerships shall be signed by all partners,
with the information required by this subsection supplied in detail as to
each partner. Applications of corporations shall have attached individual
statements containing all of the information required by this subsection relating
to each officer of the corporation and the agent who shall engage in the licensed
activity and shall be signed by each such officer and agent.
B.
Where the licensee is engaged in more than one activity
at the same location, which may be subject to more than one fee, such licensee
shall be required to pay that fee which would be charged for the activity
assessed the highest fee.
C.
Except as otherwise provided, all license fees shall
become a part of the general Township treasury.
Upon application properly completed and submitted pursuant to § 122-2, the Clerk shall refer the original and duplicate to the Chief of Police, who shall make, or cause to be made, such investigation of the business responsibility and moral character of the applicant, and, if employed, the applicant’s employer, as (s)he deems necessary for the protection of the public good. The duplicate shall be kept on file in the Police Department upon completion of the investigation.
A.
Unsatisfactory findings.
(1)
If, as a result of such investigation, the moral character or business responsibility of the applicant, or, if employed, the applicant’s employer, is found to be unsatisfactory, the Chief of Police shall endorse on the original application his/her disapproval and his/her reasons therefor, and return the original application to the Clerk, who shall notify the applicant, in writing, either by personal delivery to the applicant or by certified mail to the applicant at the address stated in the application, that the application is disapproved, as well as the reasons therefor, and that no license shall be issued. The applicant shall have the right to appeal from any such disapproval pursuant to the provisions of § 122-8. Any determination by the Chief of Police that an application is unsatisfactory shall be based on one or more of the following findings with respect to the applicant:
(a)
Conviction of a crime involving moral turpitude.
(b)
Prior violation of a peddling or soliciting ordinance.
(c)
Previous fraudulent acts or conduct.
(d)
Record of breaches of soliciting contracts.
(e)
Concrete evidence of bad character.
(f)
Such other evidence which established good cause to disapprove
the application.
(2)
In the absence of such findings, the Chief of Police
shall find the application “satisfactory.”
B.
Satisfactory findings.
(1)
If, as a result of such investigation, the character and business
responsibility of the applicant, and, if employed, the applicant’s employer,
are found to be satisfactory, the Chief of Police shall endorse his/her approval
on the original application and return the same to the Clerk, who shall, in
turn, issue a license to the applicant.
(2)
In no case shall a license be issued to any person under the
age of 16.
Upon receipt of an application for a license, the Township Clerk shall
refer such application to the proper officers for making any necessary inspections.
The officers charged with the duty of making the inspection shall make a report
thereon within 15 days after receiving the application. The health officer
shall make an inspection in regard to such licenses in the connection of the
care and handling of food, the preventing of nuisances, the spread of disease
and for the protection of health. The Construction Code Official shall make
any such inspection relative to the construction of buildings or other structures,
or any other inspections required under any other codes enforced by his/her
office. The Zoning Officer shall make any appropriate zoning inspection.
No license shall be issued for the conduct of any business if the premises
and building to be used for the purpose do not fully comply with the requirements
of the Township.
Licenses shall contain the following information:
A.
The name, address and photograph of the licensee.
B.
The name and address of licensee’s employer, if
any.
C.
The number and type of the license and the nature of
the licensed activity.
D.
The address at which the licensed activity is to be conducted,
if the activity is to be conducted at a fixed location.
E.
If the licensed activity is to be conducted from a vehicle,
the make, model and license number of such vehicle.
F.
The kind of goods or services to be sold.
G.
The date of issuance and expiration date of the license.
H.
The signature of the Clerk or other issuing officer.
I.
Any other appropriate information which the Township
Council may, by resolution, require.
Any applicant aggrieved by the action of the Clerk or other issuing authority in the denial of a license, as provided in § 122-3, shall have the right to appeal to the Township Council. Such appeal shall be taken by filing with the Council a written statement setting forth fully the grounds for the appeal. Such statement shall be filed within 14 days after the notice of the action complained of has been given to such person by the Clerk, in accordance with the provisions of § 122-3. The Council shall set a time and place for a hearing on such appeal. The hearing shall be within 30 days of the date of receipt of the applicant’s statement, and notice of such hearing shall be given to the applicant in the same manner as provided in § 122-13 for notice of hearing on revocation. The decision of the Council on such appeal shall be final and conclusive.
A.
The Township Clerk shall keep a record of all licenses issued pursuant to this chapter. The record shall contain the same information as is required by § 122-7 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 Township Council may, by resolution, require.
B.
The Clerk shall record therein all convictions for violations
of this chapter and other pertinent circumstances and incidents reported by
the Chief of Police, other Township officials or other persons.
When the licensed activity is conducted at a fixed location or from
a vehicle, the license shall be prominently displayed at the location or on
the vehicle. In all other cases, the licensee shall have his/her certificate
of license prominently displayed upon his/her person.
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 Township Council by resolution.
A.
Annual licenses shall expire at 12:00 midnight on December
31 in the year when issued. Where another date has been expressly provided,
the license shall expire at midnight on the date specified in the license.
Applications for the renewal of annual licenses shall be made not later than
December 1 of the year of issue.
B.
Any license may be renewed, without payment of an additional registration fee, upon submission by the licensee of a new application in conformity with the requirements of § 122-2, or, in lieu thereof, a sworn written statement setting forth any changes in the information contained in the application for the expired license which are necessary to bring the application completely up to date, or setting forth that there are no such changes. Any new application, or statement in lieu thereof, shall be subject to the provisions and standards set forth in this chapter.
A.
Causes. Any license or permit issued by the Township
may be revoked by the Township Council after notice and a hearing for any
of the following causes:
(1)
Fraud or misrepresentation in any application for a permit
or license.
(2)
Fraud, misrepresentation or other material misrepresentation
made in the conduct of the licensed activity.
(3)
A violation of any provision of this chapter.
(4)
Conviction of the licensee for any felony or high misdemeanor
or a misdemeanor or disorderly person’s offense involving moral turpitude.
(5)
Conduct of the licensed activity, whether by the licensee
or his/her agents or employees, in an unlawful manner or in a manner that
constitutes a breach of the peace, a nuisance or a menace to the public health,
safety or general welfare.
(6)
In the event the Chief of Police shall determine that
there has been a violation, in accordance with the provisions of this section,
(s)he shall then immediately notify the Council of the violation and shall
order the licensee to suspend further operation until a hearing, in accordance
with the provisions of this subsection.
(7)
Whenever a license has been issued immediately upon 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.
B.
Notice of hearing. 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, which shall be
within 30 days of the notice. It shall be served by delivering it personally
to the licensee or by mailing a copy to the licensee at his/her last known
address by certified mail, return receipt requested, at least five days prior
to the date set for the hearing.
C.
Hearing determination. 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/her own behalf, to cross-examine opposing witnesses
and to have a permanent record made of the proceedings at his/her own expense.
The Township 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.
D.
Reinstatement of revoked license. The Township Council
may issue another license to a person whose license has been revoked or denied
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/her, directly or indirectly, shall be issued another license to carry
on the same activity.
Every person to whom a license is issued under the terms of this chapter
shall be governed by the following rules and regulations:
A.
All circulars, samples or other matter shall be handed
to an occupant of the property and not left on or about the premises.
B.
No person shall enter or attempt to enter the house of
any resident in the Township without an express invitation from the occupant
of the house.
C.
No person shall conduct himself/herself in such a manner
as to become objectionable to or annoy an occupant of any house.
No licensee shall have any exclusive right to any location on any public
street, nor shall any licensee be permitted a stationery location, nor be
permitted to operate in a congested area where such operation might impede
or inconvenience the public use of such streets. For the purpose of this chapter,
the judgment of the police officer, exercised in good faith, shall be deemed
conclusive as to whether the area is congested and the public impeded or inconvenienced.
A.
The applicant, if (s)he is the owner thereof, must pay
any delinquent property taxes or assessments on the property wherein the business
or activity for which the license or permit is sought or wherein the business
or activity is to be conducted prior to the issuance or renewal of any license
or permit issued by, or requiring the approval of, the Township of Springfield.
B.
A license or permit shall be revoked when any licensee
who is an owner of the property upon which the licensed business or activity
is conducted has failed to pay the taxes due on the property for at least
three consecutive quarters. Upon payment of all the delinquent taxes or assessments,
the license or permit shall be restored.
C.
Any alcoholic beverage license or permit issued pursuant
to the Alcoholic Beverage Control Act is exempted from the provisions of this
subsection.
Whenever inspections of the premises used for or in connection with
the operation of a licensed business or occupation are provided for or required,
or are reasonably necessary to secure compliance with any ordinance provision
or to detect violations thereof, it shall be the duty of the licensee, or
other person in charge of the premises to be inspected, to admit thereto for
the purpose of making the inspection any officer or employee of the Township
who is authorized or directed to make such inspection at any reasonable time
that admission is requested.
The Chief of Police, any other police officer or the appropriate Township
official shall enforce the provisions of this chapter.
Failure to pay any license fee when due shall be cause for suspension
of such license. Failure to pay such fee for a period of 60 days from its
due date shall be cause for revocation of such license.
