Borough of Closter, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Closter as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fees and deposits — See Ch. A301.
[Adopted 11-22-1967 by Ord. No. 1967:179 as Arts. I and II of Ch. 55 of the 1967 Code]
A. 
Any person or persons, corporation or corporations desiring to operate and open any public place of amusement, dance hall, moving-picture show, traveling or other show, street exhibition, circus or bowling alley within the limits of the Borough of Closter shall be required to take out a license therefor before operating or opening any such show or place of amusement, and if any such show or place of amusement shall be open or in operation at the time of the passage of this article without a license or permit having been granted therefor by the Borough Council or its agents duly authorized, the proprietors thereof or person or corporation operating the same shall take out such license within 10 days after the final passage of this article; provided, however, that nothing in this section shall apply to shows, entertainments or exhibitions for charity or instruction.
B. 
No person or persons, corporation or corporations shall conduct or maintain a restaurant or place of supplying meals or eatables to be eaten or consumed on the premises or conduct or maintain a refreshment stand without having first taken out a license for the same, and if any restaurant or refreshment stand or place of supplying meals or eatables as aforesaid shall be open at the time of the passage of this article, then such license shall be taken out within 10 days after the final passage of this article.
C. 
Stores and food markets or establishments.
[Added 4-1-1973 by Ord. No. 1972:241]
(1) 
No person or persons, corporation or corporations shall conduct or maintain a store or retail or wholesale outlet for the sale of meats, groceries, provisions or any food products, including but not limited to meat markets, bakeries, delicatessens, food markets, whether or not they manufacture and make their own products, caterers and confectionery stores which shall be deemed to include any stores for the sale of candy, ice cream, soda and related products, without first having obtained a license for the same, and if any such establishment shall be open at the time of the passage of this article then such license shall be taken out within 10 days after the final passage of this article. All licenses shall be issued by the Borough Council upon application for the same signed by the applicant and stating where the store or establishment is to be conducted, including the street and number where the store or establishment is located or to be conducted. All licenses shall be subject to compliance with the regulatory provisions of the Borough of Closter Board of Health regulations.[1]
[Amended 1-3-1994 by Ord. No. 1993:663]
[1]
Editor's Note: The Board of Health regulations are contained in a separate volume.
(2) 
The license fee for the establishments described in Subsection C(1) above shall be as set forth in Chapter A301, Fees and Deposits, based upon inside dimensions of the square feet of floor space.
[Amended 1-3-1994 by Ord. No. 1993:663]
D. 
No person or persons, corporation or corporations shall operate a motor vehicle or other vehicle equipped for serving, selling or dispensing food within the Borough of Closter without first obtaining a license for the same and subject to compliance with the provisions of the Borough of Closter Board of Health regulations.[2] The license fee therefor shall be as set forth in Chapter A301, Fees and Deposits.
[Added 12-27-1972 by Ord. No. 1972:241; amended 1-3-1994 by Ord. No. 1993:663]
[2]
Editor's Note: The Board of Health regulations are contained in a separate volume.
All licenses mentioned above shall be issued by the Borough Council upon application for the same, signed by the applicant and stating the place where public amusement is to be conducted or given and, if such application is for permission to conduct and maintain a restaurant or refreshment stand, that application shall state the street and number where such restaurant or refreshment stand is to be conducted.
[Amended 10-13-1971 by Ord. No. 1971:226; 12-27-1972 by Ord. No. 1972:241; 1-26-1977 by Ord. No. 1977:296; 2-23-1977 by Ord. No. 1977:302; 1-3-1994 by Ord. No. 1993:663]
A. 
The fee for licenses required in connection with businesses or places of amusement described in § 127-1A of this chapter shall be as set forth in Chapter A301, Fees and Deposits.
B. 
The license fee for restaurants, which shall include luncheonettes, diners, taverns, pizza kitchens and all similar establishments which provide for the serving of food to the public, shall be as set forth in Chapter A301, Fees and Deposits.
C. 
All licenses shall expire on the 31st day of December in each year. Any license so granted shall be revocable at any time by a majority vote of the Borough Council upon complaint being made and a hearing had thereon.
D. 
The annual fee for licenses for restaurants which provide entertainment on a regular basis shall be as set forth in Chapter A301, Fees and Deposits.
[Amended 1-3-1994 by Ord. No. 1993:663]
No license for a refreshment stand shall be granted unless such stand shall be erected a sufficient distance back from the street line to permit automobiles to drive entirely off the street when stopping to patronize said stand. The license fee for each refreshment stand shall be as set forth in Chapter A301, Fees and Deposits, which fee is imposed for the purpose of revenue.
The Borough Clerk shall record all licenses issued by the Borough Council under this article in a book to be kept by him for such purpose.
[Amended 12-27-1972 by Ord. No. 1972:241; 1-3-1994 by Ord. No. 1993:663; 11-8-1995 by Ord. No. 1995:705; 8-13-1997 by Ord. No. 1997:945; 12-17-2001 by Ord. No. 2001:858; 5-25-2005 by Ord. No. 2005:935; 2-11-2009 by Ord. No. 2009:1027; 8-8-2018 by Ord. No. 2018:1244]
A. 
Purpose. The Mayor and Council recognize that a person may have a right to go from place to place selling one's wares, but not to remain indefinitely at a fixed location. Abutting property owners, tenants and/or lawful occupiers of land and buildings have a right to unobstructed access to their property and the public has a right of passage over streets and sidewalks. A peddler, as defined in this section, does not have the right to operate from a fixed place of sale nor on a sidewalk. Furthermore, because of the transient nature of their business, peddlers pose special problems to their customers. A customer who wishes to complain ought to be able to verify a purchase from an examination of the receipt at the time he or she locates a peddler.
(1) 
The Mayor and Council further recognize that persons have a constitutional right to engage in certain expressive activities, but also that door-to-door canvassing and solicitation creates unique and legitimate concerns among residents of the Borough about unwanted intrusions into privacy, potential criminal and/or fraudulent activities, and overall safety within the community. This section is enacted under the municipality's general policy to ensure the safe and orderly flow of pedestrians and vehicular traffic, protect consumers and avoid altercations between consumers and peddlers, prevent unwelcome intrusions into residents' privacy, and promote the general safety and welfare of the community.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CHARITABLE and PHILANTHROPIC
Includes political, patriotic, religious, eleemosynary, benevolent, educational, civic or fraternal associations, societies and alike.
CONTRIBUTION
Includes the giving of alms, foods, clothes, money, subscriptions, pledges or property of any nature or kind.
PEDDLER
Any person, whether a resident of the Borough 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, foods, 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. "Hawkers," "huskers" and "vendors" are included within this definition.
PERSON, ORGANIZATION or INDIVIDUAL
Any individual, firm, partnership, corporation, company, association, church, religious denomination, society, class or league.
SOLICITOR or CANVASSER
Any person traveling from house to house or from street to street either taking or attempting to take orders for the sale of goods, wares or merchandise, subscriptions or personal property of any nature whatsoever for future delivery or for services to be furnished or performed in the future, whether or not the individual has, carries or exposes for sale a sample of such or whether he is collecting advance payment on such sales or not; any person engaged in soliciting information and going from house to house or from street to street for the purpose of conducting a poll, survey or similar activity for any purpose; any person conducting a solicitation, as defined herein, or requesting contributions of any kind and going from house to house or from street to street on the public streets.
SOLICIT and SOLICITATION
The request, directly or indirectly, for the donation of money, property, anything of value or financial assistance of any kind, and shall include the selling or offering for sale of any property, real or personal, tangible or intangible, whether of value or not, including but not limited to goods, books, tags, service emblems, tickets, publications or subscriptions to publications or brochures, and conducted from house to house or on the public streets. A solicitation is complete when the solicitation is communicated to any individual then located within the corporate limits of the Borough. "Canvass" and "canvassing" are included within this definition, regardless of whether or not the person engaged in canvassing requests money, credit, property, financial assistance, support, or any other thing of value.
C. 
No peddler shall station, place, set up or maintain his cart or vehicle or allow it to remain on any sidewalk or public right-of-way nor shall a peddler locate his cart or vehicle in such a way as would:
(1) 
Substantially restrict, obstruct, interfere with or impede the pedestrian's right-of-way;
(2) 
Substantially restrict, obstruct, interfere with or impede the ingress or egress from the abutting property;
(3) 
Create or become a nuisance;
(4) 
Increase traffic congestion, cause or increase traffic delay or hazard; or
(5) 
Cause or create or constitute a danger to life, health or property.
D. 
A peddler shall not:
(1) 
Sell food, drinks, ice cream or confections of any kind for immediate consumption unless he has available for public use his own litter receptacle which shall be clearly marked and maintained for his patron's use, nor shall any peddler leave any location without first picking up, removing and disposing of any trash or refuse remaining from sales made by him.
(2) 
Station, place, set up or maintain his car or vehicle if to do so would reduce the unobstructed pedestrian right-of-way to less than five feet.
(3) 
Engage in the business of peddling within 10 feet of any location where the curb had been depressed to facilitate pedestrian or vehicle movement.
(4) 
Engage in the business of peddling on or along any sidewalk or street within 15 feet of any fire hydrant, crosswalk or driveway.
(5) 
Station, place, set up or maintain his cart or vehicle or goods against display windows of a fixed location business nor shall they be within 20 feet from any entrance to any building, store, theater, library, school, museum, movies house, sports arena or other place of public assembly.
(6) 
Engage in the business of selling at any location without giving a written receipt to each customer or engage in the business of selling at any location without maintaining on his person or at the cart or vehicle receipts showing the sales made during the preceding week. The receipts shall show clearly the seller's name, bona fide business address, license number, description of the merchandise sold and the purchase price and shall be sequentially numbered.
(7) 
Park a vehicle upon a public roadway or street for the purpose of or during the process of soliciting sales or business, displaying goods for sale or selling or offering to sell for delivery of goods or merchandise to buyers, consumers or other persons who are occupants of a vehicle standing or moving on the public streets or highways.
(8) 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection D(8), regarding peddling at certain times, was repealed 8-8-2018 by Ord. No. 2018:1244.
(9) 
Engage in the business of selling any merchandise within three blocks of a currently established business in the Borough of Closter already engaged in selling the same or similar merchandise. The Chief of Police shall make the determination of the three-block restriction pertaining to a licensed hawker or peddler.[2]
[2]
Editor’s Note: Former Subsection D(10), regarding property marked or listed as “No Solicitors,” which immediately followed, was repealed 8-8-2018 by Ord. No. 2018:1244.
E. 
Inspection of equipment. 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 be subject to the inspection of the Board of Health or its authorized agents. Any violations found and not immediately corrected shall be grounds for revocation of the license.
F. 
Unlawful solicitation. It shall be unlawful for any person directly or through an agent or employee, or for a peddler, solicitor or canvasser, to ply or conduct his trade or solicitation within the Borough of Closter without having first obtained a license from the Borough Clerk as hereinafter provided.
(1) 
It shall be unlawful for any person, individually or as the agent or employee of a person, or for any peddler, solicitor or canvasser to ply or conduct his trade or solicitation within the Borough unless his principal or employer has received a license, as hereinafter provided.
(2) 
It shall be unlawful for any person or for any peddler, solicitor, or canvasser to ply or conduct his trade or solicitation within the Borough without visibly displaying an identification card issued to that person by the Chief of Police, as hereinafter provided.
(3) 
It shall be unlawful for any peddler, solicitor, or canvasser to ply or conduct his trade or to solicit before 9:00 a.m. or after 9:00 p.m. or on Sundays or holidays.
(4) 
It shall be unlawful for any person, directly or through an agent or employee, or for any peddler, solicitor, or canvasser to ply or conduct his trade or to solicit within the Borough of Closter after expiration of any license.
(5) 
It shall be unlawful for any person engaged in solicitation or for any peddler, solicitor, or canvasser to knock at the door or ring the doorbell of any home, apartment, or any other dwelling unit in the Borough which is either listed on the Borough's Do-Not-Knock Registry or upon which is clearly displayed at the entrance a notice or sign which reads "No Solicitations" or which otherwise clearly purports to prohibit solicitation on the premises, unless such person is or has been invited upon the premises by the occupant thereof.
G. 
Application for license required. All persons, except as otherwise provided in this chapter or by law, desiring to solicit for charitable or other purposes or to peddle, solicit, or canvass within the Borough shall file with the Police Department prior to any solicitation a solicitation application on forms provided by the Police Department containing the following information:
(1) 
The name of the person applying and desiring to solicit or peddle, solicit, or otherwise canvass.
(2) 
Whether the person applying is a natural person, partnership, or corporation and:
(a) 
If a natural person, the business and residence address and telephone number must be given;
(b) 
If a partnership, the names of all partners and the principal business address and telephone number of each partner must be given;
(c) 
If a corporation, the person registering must state whether it is organized under the laws of New Jersey or is a foreign corporation and must state the mailing address, the business location, the telephone number, and the name of the individual in charge of the local office of such corporation.
(3) 
The name, address, date of birth, social security number, personal photograph(s) and complete driver's license information of the person or persons who shall be conducting the solicitation or otherwise peddling, soliciting or canvassing.
(4) 
A brief description of the nature of the business and the goods to be sold or services to be performed for which funds are to be solicited and an explanation of the intended use of the funds toward that purpose.
(5) 
The time period within which the solicitation or the peddling, soliciting, or canvassing is to be conducted, giving the date of the commencement and termination of the effort.
(6) 
If a vehicle or vehicles are to be used in the solicitation, a description of the same, including, year, make and model, together with a license plate number, registration certificate information and liability insurance information or other satisfactory means of identification.
(7) 
The names of any other municipalities in which the person applying has solicited or otherwise peddled, solicited, or canvassed within the previous 12 months.
(8) 
Whether a license or certificate of registration has ever been revoked by a municipality.
(9) 
Whether the applicant has ever been convicted of a violation of a felony under the laws of this state or any other state or federal law of the United States.
H. 
Review of application; duty of police to enforce.
(1) 
The Police Department shall review the license application to determine its compliance with the terms of this chapter within 48 hours after receipt of same. If the person applying for the license registering has not complied with the requirements of this chapter, the Chief of Police will notify the applicant and specifically point out the information that has not been furnished or that is required before the application can be submitted to the governing body for approval. Thereafter, upon receipt of a completed application and payment of the prescribed fee (or in the event the applicant who is not required to pay a fee), the Borough Clerk shall place the approval of the application on the governing body's next scheduled council meeting for consideration. The Chief of Police shall thereafter issue a license within 48 hours of governing body approval, or notify the person applying for the license either that the application has been denied or that it still does not comply with the requirements of this chapter and specifically point out the information that has not been furnished or that is required before a license can be issued.
(2) 
Disapproval of application.
(a) 
The Chief of Police may, upon review of the application, refuse to issue a license to the applicant for any of the following reasons:
[1] 
The location and time of the activities described in the application do not conform to the requirements of this chapter or would endanger the safety and welfare of the applicant or its customers;
[2] 
An investigation reveals that the applicant falsified information on the application;
[3] 
The applicant has been convicted of a felony, misdemeanor, or ordinance violation involving a sex offense, trafficking in controlled substances, or any violent acts against persons or property; or
[4] 
The applicant is a person against whom a judgment based upon, or conviction for, fraud, deceit, or misrepresentation has been entered within the five years immediately preceding the date of application.
(b) 
The disapproval of the Chief of Police and the reasons for disapproval shall be noted on the application and the applicant shall be notified that his application is disapproved and that no permit will be issued. Notice shall be mailed to the applicant at the address shown on the application form, or at the applicant's last known address.
(3) 
It shall be the duty of any police officer of the Borough to require any persons seen peddling, and who is not known by such officer to be duly licensed, to produce its solicitors/peddlers license and to enforce the provisions of this section against any person found to be in violation of the same.
I. 
All peddler's and solicitor's licenses shall expire one year after the date of issuance. The license shall state the date of expiration thereof The license shall also state the purpose for which the same is granted, the number of the license and the name of the person to whom the license is issued.
(1) 
Every licensee, when requested by any officer or person of like power and authority while in the performance of carrying on his trade or business, as aforesaid, shall exhibit said license to said officer. Any person actually carrying on the trade or business, as aforesaid, who shall fail to produce a license provided by this article shall be subject a fine as set forth herein.
(2) 
The fee for a peddler's license shall be as set forth in Ch. A301, Fees and Deposits.
J. 
Exemptions. The following are exempt from peddler's license requirements:
(1) 
The delivery of milk, eggs, bread, newspapers or other necessary and perishable articles of food or merchandise of the type commonly delivered on a house-to-house basis on intervals of less than once a week.
(2) 
Federal census takers and polls or surveys taken pursuant to federal, state or local laws; however, such individuals are required to exhibit an identification badge from the Police Department which shall be provided without charge.
[Amended 5-25-2005 by Ord. No. 2005:935]
(3) 
Candidates for elective office which must comply with any federal or state election contribution on expenditure; however, such individuals are required to exhibit an identification badge from the Police Department which shall be provided without charge.
[Amended 5-25-2005 by Ord. No. 2005:935]
(4) 
Any veteran of the United States Armed Forces or any exempted fireman possessing a licensed issued in conformity with N.J.S.A. 45:24-9 et. seq.; provided, however, that such person exhibits such license to and obtains an identification badge from the Police Department which shall be provided without charge.
(5) 
Any public utility employee, where said public utility is subject to regulation by the State Board of Public Commissioners; provided, however, that such employee shall display the identification badge or card issued by the employer.
(6) 
Any person engaged in the delivery of goods, wares or merchandise or other articles or things in the regular course of business to the premises of persons who had previously ordered the same or are entitled to receive the same by reason of the proper agreement.
(7) 
Any person who sells any farm products of their own raising on farms within the Borough of Closter.
(8) 
Door-to-door canvassing or solicitation or other entry upon private property by persons seeking to engage in anonymous political or religious speech or advocating political, religious, social or charitable causes but whose primary purpose is not to request money, credit, property, financial assistance, support, or any other things of value, as well as persons representing any charitable and philanthropic entity which qualifies for tax-exempt status under the Internal Revenue Code; qualifies for exemption from property tax under N.J.S.A. 54:4-3.6; qualifies for exemption from sales tax under N.J.S.A. 54:32B-9; or was created under or is otherwise subject to the provisions of Title 15A of the New Jersey Statutes, shall be exempt from the licensing provisions of this chapter. Such exempt persons shall be subject to the time and place restrictions on canvassing in this chapter, including adherence to the Do-Not-Knock Registry, and shall obtain a copy of the Borough's Do-Not-Knock Registry from the Borough Clerk upon request.
K. 
Do-Not-Knock Registry. The Borough Clerk shall prepare a list of addresses of those premises where the owner and/or occupant has notified the Clerk that transient merchants, itinerant merchants, itinerant vendors, peddlers, canvassers, solicitors and door-to-door sales enterprises are not permitted on the premises (hereinafter referred to as the "Do-Not-Knock Registry").
(1) 
Notification shall be by completion of a form available at the Borough Clerk's office during normal business hours. The registry shall be updated from time to time but at least by January 1 of each year.
(2) 
Any owner and/or occupant who has requested enlistment on the Do-Not-Knock Registry shall be able to purchase from the Clerk's office, for a nominal fee, a sticker for display at his or her or its premises indicating enlistment on the Do-Not-Knock Registry.
(3) 
The Borough Clerk shall submit the Do-Not-Knock Registry list to the Chief of Police at least biannually to be distributed to applicants for a permit to peddle, canvass, itinerant vend or otherwise door-to-door sell or canvass pursuant to the provisions of this chapter. The licensee shall not peddle, solicit canvass, itinerant vend or conduct door-to-door sales or solicitations at any premises identified on the then current Do-Not-Knock Registry.
(4) 
Any canvasser, peddler, itinerant vendor, itinerant merchant, solicitor or door-to-door sales person or canvasser who violates any provision of this chapter shall be:
(a) 
Subject to the maximum fines as provided in this article;
(b) 
Subject to a one-year revocation of any license issued pursuant to the within chapter; and
(c) 
Ineligible to receive a new license pursuant to this chapter for a one-year period coinciding with the terms of one-year revocation noted in Subsection K(4)(b) above.
[1]
Editor’s Note: Former § 127-7, Charitable solicitations, adopted 12-17-2001 by Ord. No. 2001:853, was repealed 5-25-2005 by Ord. No. 2005:935. Ordinance No. 2001:835 had also provided for the redesignation of the previous § 127-7, Expiration; license date; renewal, as § 127-6H.
[1]
Editor's Note: Former § 127-8, Exemptions, was redesignated as § 127-6I 2-17-2001 by Ord. No. 2001:858.
[Amended 1-3-1994 by Ord. No. 1993:663; 12-12-2001 by Ord. No. 2001:858]
Any person or persons or their agents violating any of the provisions of this article shall, upon conviction thereof, be subject to a penalty as set forth in Chapter 1, General Provisions, Article II, Violations and Penalties, of this Code. Any officer before whom any person or persons violating any of the sections of this article may be brought, on conviction, may impose any fine in the discretion of such officer to the maximum herein fixed or imprison for any term less than the term fixed. Notwithstanding and in addition to the foregoing, any hawker or peddler licensed hereunder who shall violate any of the provisions of this article shall permanently have said license revoked by the Chief of Police upon conviction in Municipal Court.
[Adopted 9-27-1978 by Ord. No. 1978:340 (Art. III of Ch. 55 of the 1967 Code)]
It shall be unlawful for any person to engage in any business related to the construction, alteration, demolition, insulation, roofing or reroofing, including gutters and leaders, siding or residing or refinishing of any building or to engage in any business related to the laying or paving of any road, driveway, curb, sidewalk or patio or to perform any excavation for any purpose without having first obtained a license therefor as provided herein.
A. 
Word usage.
(1) 
Unless the context clearly indicates the contrary, words used in the present tense shall include the future; the singular number shall include the plural; and the plural shall include the singular.
(2) 
The word "shall" is mandatory and not directory; the word "may" is permissive.
B. 
Terms defined. As used in this article, the following words shall have the meanings indicated:
BUILDER or CONTRACTOR
Any person who, in any capacity other than employee of another receiving wages as sole compensation, undertakes or offers to undertake or claims to have the capacity to undertake or accepts an order or contract for a consideration of any kind, whether in money or other consideration, or submits a bid or offer to construct, erect, alter, repair, add to, raze in whole or in part, move or remove, roof or reroof, side or reside, insulate, coat or apply any substance other than paint to any building, structure, project or improvement or who submits a bid or offers to construct, replace, repair or lay any road, driveway, curb, sidewalk or patio or who submits a bid or offer to excavate any land or to change the contour of any land for any purpose or who erects any scaffolding, staging, bridging, gate or fence in connection therewith.
BUILDING
Any structure, whether fully enclosed or partially open, erected for the protection of persons or animals or for the storage of chattels or property of any kind.
LICENSING OFFICER
The Construction Code Official of the Borough of Closter.
PERSONS
Any individual, firm, association, partnership or corporation.
This article shall not apply to:
A. 
Any person or authorized representative of any governmental unit.
B. 
Any person who shall act as his or her own contractor with respect to his or her own property or to property which is owned by an entity controlled by such person.
C. 
Any specialized trade for which a license is required by statute.
D. 
Landscape contractors who shall not perform any excavation or land contour alteration work.
E. 
House painters who may use scaffolding or staging in their operations.
No firm, association or corporation shall engage in building contracting in the Borough unless at least one officer or member of said firm, association or corporation has been licensed according to the provisions of this article and has a license issued to it in the name of the firm, association or corporation as herein provided. Such license shall be valid and in effect only while the individual so licensed is still a member or officer of such firm, association or corporation.
This article shall be administered by the Mayor and Council of the Borough of Closter, with the Construction Code Official being the licensing officer thereof. The licensing officer shall propose rules and regulations as may be necessary to administer this article for its approval, including the design of application forms and the procedures for issuing of licenses. The rules and regulations shall provide a procedure by which the licensing officer may refuse to grant a license for cause and the manner in which an appeal may be taken from such refusal to the Mayor and Council.
Any person who shall undertake or bid upon work, as defined in § 127-11 hereof, or who shall be in a category as described in the definition of "builder" or "contractor" in § 127-11B hereof, whether or not such person operates as a general contractor, contractor, subcontractor or specialty contractor in a specific area or in a specific trade, must acquire a license.
Applications for licenses under this article shall be made to the Construction Code Official, in writing, on forms as provided for in § 127-14 hereof.
A. 
The application forms shall be signed, under oath, by the applicant, and the license shall be issued to such applicant either in his or her own name, in the case of an individual, or in the corporate or firm name, in the case of a corporation, partnership or an individual trading under a properly registered business name.
(1) 
In the case of a corporation, the application shall state the date and state of incorporation, the full corporate name, the address of the corporation, the name and address of its registered agent and the name and address of the person who shall receive the license for the corporation.
(2) 
In the case of a partnership, the application shall state the names and addresses of each of the partners, the business address of the firm and the name under which the business is being conducted and the name and address of the person to whom the license shall be issued.
(3) 
In the case of an individual, the name and address of the individual and the address at which the business is conducted and the trade name, if any, under which the business operates.
B. 
When one or more individuals, corporations, firms or associations shall engage in any project as joint venturers or otherwise, each individual, corporation, partnership or firm shall be required to be licensed.
C. 
The application form shall be filled out to the satisfaction of the Construction Code Official and shall include the following information:
(1) 
The time in years that the applicant has been engaged in the business for which a license is sought and a short resume of his experience.
(2) 
Whether the applicant carries public liability insurance and workmen's compensation insurance and the names and addresses of the insurors.
(3) 
Whether the applicant has been refused a similar license in any other municipality or political subdivision or whether a similar license has ever been revoked.
[Amended 1-3-1994 by Ord. No. 1993:663]
The annual fee for a license under this article shall be as set forth in Chapter A301, Fees and Deposits, for a term of one year and shall be renewable on September 1 of each year.
The Mayor and Council shall have the power to revoke a license issued under this article, and the Construction Code Official shall have the power to suspend any license issued hereunder for one or more of any of the following acts or omissions:
A. 
Fraud or misrepresentation as to any statement in the license application.
B. 
Violation of any applicable building code or of any ordinance of the Borough of Closter relating to any work covered by this article.
C. 
The filing of a voluntary or involuntary petition in bankruptcy or an action in any court leading to receivership of the licensee.
D. 
Failure to comply with any regulation or directive of any governmental agency.
A. 
The Construction Code Official, any contractee or the Mayor and Council may prefer charges against any licensee under the terms of this article by the filing of a written and sworn complaint that shall state the substance of the charges. Such complaint shall be filed with the Borough Clerk, who shall advise the Mayor and Council that a complaint has been filed. The Mayor and Council shall appoint a committee of its membership, which may include the Engineer, to investigate the charges within 30 days of the time of filing of the complaint. If the committee's report states that there is probable cause that this article has been violated, the Mayor and Council shall cause a statement, in writing, to be forwarded by regular mail to the licensee at the address shown on the application for a license. Such writing shall contain a statement of facts relating to the charges and shall specify the particular violation of this article, any applicable building code or any applicable ordinance or statute.
B. 
The statement shall advise the licensee of the time and place of a hearing to be held, not more than 20 days from the date of the mailing of the statement, and that the licensee must appear at such hearing to show cause why his license shall not be revoked or suspended.
C. 
At the hearing, the licensee shall have the right to appear personally or by counsel, to cross-examine witnesses against him and to produce witnesses and evidence in his behalf.
D. 
Failure of the licensee to appear at the hearing may be deemed to be an admission by the licensee of the truth of the allegations of the complaint or of the statement of the investigative committee or of the statement of the Mayor and Council. The Mayor and Council shall have the power to suspend or revoke the license in such case. In the event that the license is suspended, the Mayor and Council shall schedule a final hearing within 30 days at which a final determination shall be made, either revoking the license, revoking a suspension or deciding that there is no cause for suspension or revocation.
A. 
After revocation of a license for any cause set forth herein, such license shall not be reissued nor any new license issued for a period of one year from the date of revocation.
B. 
The Construction Code Official shall not issue a license to any individual, firm, association or corporation when he or she has reason to believe that the application includes any person, firm or corporation to whom a license had been issued and such license had subsequently been suspended or revoked or to any individual, firm or corporation where there is an unsettled claim arising from a transaction, as the result of which a license was suspended or revoked.
The Construction Code Official shall not issue a building permit for any activity which would require a license under this article until such license is issued.
[Amended 1-3-1994 by Ord. No. 1993:663]
Any person who shall violate the terms or provisions of this article shall, upon conviction, be subject to a penalty as set forth in Chapter 1, General Provisions, Article II, Violations and Penalties, of this Code.