[HISTORY: Adopted by the Township Committee of the Township of Andover 10-30-1973 as § 7-1 of the 1973 Code; as amended through Ord. No. 89-24. Subsequent amendments noted where applicable.]
The purpose of this chapter shall be 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 and dog licenses, and except as may be specifically otherwise provided elsewhere in this Code.
All applications for licenses shall be accompanied by the required fee and shall be made to or through the Township Clerk on forms provided by him.
In addition to such other information as may be specifically called for, applications may require:
The name and permanent and local addresses of the applicant and, if the applicant is a corporation, the name and address of its registered agent.
If the licensed activity is to be carried on at a fixed location, the address and a description of the premises.
If a vehicle is to be used, its description, including the license number.
If the applicant is employed by another, the name and address of the employer, together with credentials establishing the exact relationship.
The days of the week and the hours of the day during which the licensed activity will be conducted.
A description of the nature of the business and the goods, property or services to be sold or supplied.
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.
Appropriate evidence as to the good character and business responsibility of the applicant so that an investigator may properly evaluate his character and responsibility.
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 by corporations shall have attached individual statements containing all 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 he considers necessary for the protection of the public. He shall communicate his findings in writing to the Township Clerk within two weeks after the application has been filed.
If the investigator decides that the applicant's character, ability or business responsibility is unsatisfactory or the products, services or activities are not free from fraud, he shall disapprove the application, and the Clerk shall refuse to issue the license and 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 Committee 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 Committee for hearing. The appeal shall be filed in writing with the Township Clerk by personal service or by registered mail within 14 days after notification of the refusal. The Township Committee shall hold its hearing within 10 days thereafter and its decision shall be final.
Licenses shall be in a form which the Township Committee prescribes by resolution and shall contain the following information:
The name and address of the licensee.
The number and type of the license and the nature of the licensed activity.
The address at which the licensed activity is conducted, if the activity is carried on at a fixed location.
If the licensed activity is conducted from a vehicle, the make, model and license number of the vehicle.
The expiration date of the license.
Any other appropriate information which the Township Committee 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 Committee and shall contain the same information required by § 78-4 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 Township Committee 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.
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 Township Committee by resolution. The fee for the transfer of a license from place to place shall be $5.
Except where expressly provided otherwise, all licenses shall expire on December 31 of the year of issue at 12:00 midnight. Applications for the renewal of licenses shall be made not later than December 1 of the year of issue.
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 license or permit issued by the Township may be revoked by the Township Committee after notice and a hearing for any of the following causes:
Fraud or misrepresentation in any application for a permit or license.
Fraud, misrepresentation or other dishonesty in the conduct of the licensed activity.
A violation of any provision of this Code.
Conviction of the licensee for any felony or high misdemeanor or a misdemeanor or disorderly person's offense involving moral turpitude.
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.
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 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
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 Committee 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 Township Committee 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 Township Committee 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 an requirement which is in addition to or greater than the requirements that are expressly or by implication imposed by any provision of this chapter.
No license or permit requiring the approval of the Township of Andover shall be issued unless the owner thereof has paid 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.
The Township Committee shall have the power to revoke or suspend any license or permit 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 delinquent taxes or assessments the revoked or suspended license or permit shall be restored.
The provisions of this section shall not apply to or include any alcoholic beverage licenses or permits issued pursuant to the Alcoholic Beverage Control Act, N.J.S.A. 33:1-1 et seq. or any dog licenses.