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, and except as
may be specifically otherwise provided elsewhere in this Code.
A.
All applications for general licenses and renewals
of the same shall be accompanied by the required fee and shall be
made to or through the Township Clerk. Applications for licenses for
particular specialized fields shall be made to the appropriate department
head and accompanied by the required fee.
[Amended 11-19-1990 by Ord. No. 14-1990]
B.
License applications shall be upon the forms provided
and contain the following information:
(1)
The name and permanent and local addresses 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 municipal 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.
C.
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.
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
that he considers necessary for the protection of the public. He shall
communicate his findings in writing to the Township Clerk within a
reasonable time after the application has been filed. If the investigator
decides that the applicant's character, ability or business responsibility
is unsatisfactory or that the products, services or activity are not
free from fraud, he shall disapprove the application and the Clerk
shall refuse to issue the license and shall so notify the applicant.
Otherwise, the Township Clerk shall issue the license immediately,
provided that the required license fees have been paid, except in
cases where approval of the Township Council is required. In the case
of an application for a solicitor's, peddler's or canvasser's license,
the license may be issued immediately, subject to the investigation.
In the event of the refusal of the issuance of a license, the applicant
may appeal to the Township Council for a hearing. The appeal must
be filed, in writing, with the Township Clerk within 14 days after
notification of the refusal. The Township Council shall hold its hearing
within 10 days thereafter. The decision of the Township Council shall
be final.
Licenses shall be in a form which the Township
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 street address or, if there is no street address,
the lot and block number as shown on the Tax Map 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 Township
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 Township Council and shall contain the same information as is required by § 164-4 to be contained in the license. It shall also indicate the amount of the fee paid for each 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 require by resolution.
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 the license 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.
[Amended 2-4-2008 by Ord. No. 2-2008]
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, by resolution, of the Township Council. The fee for the transfer of a license from place to place shall be as set forth in Chapter A287, Fees.
A.
Except where expressly provided otherwise, all licenses
shall expire on December 31 of the year of issue at 12:00 midnight
local time. 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.
A.
Causes for revocation.
(1)
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:
(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 persons 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.
(2)
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.
B.
Notice of hearing. Notice of a 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.
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 own behalf, to cross-examine
opposing witnesses and to have a permanent record made of the proceedings
at his 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 act charged.
D.
Reinstatement of revoked licenses. The Township 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 act 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 Township Council may, by resolution, make
rules and regulations which interpret or amplify any provisions 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.