[HISTORY: Adopted by the Township Council of the Township of Washington
10-26-1995 by Ord. No. 26-1995 as Sec. 5-1 of the 1994 Code. Amendments noted
where applicable.]
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.
A.
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:
(1)
Name, physical description and permanent and local address
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.
(2)
If the licensed activity is to be carried on at a fixed
location, the address and description of the premises, and the name and address
of the owner.
(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, or the purpose of the canvass,
solicitation or distribution.
(7)
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.
(8)
All places of residence of the applicant for the preceding
five years.
(9)
A statement as to whether the applicant, or if a corporation,
any officers thereof, 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.
(10)
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.
(11)
Fingerprint of the applicant if the Chief of Police determines
that fingerprints are necessary for proper identification. Fingerprint records
shall be immediately processed for classification and identification.
(12)
Two photographs of the applicant taken within 30 days
prior to the application. Photographs shall be approximately 2 1/2 inches
square and shall show the head and shoulders of the applicant in a clear and
distinguishing manner. One photograph shall be attached to the application.
The other shall be attached to the license, if granted.
(13)
If the application is by partnerships, 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 subsection relating
to each employee or agent who shall engage in the licensed activity and shall
be signed by each employee or agent.
(14)
Any other information deemed reasonable and necessary
for the proper and full investigation of the applicant and protection of the
interests of patrons or the public.
Upon application properly completed and submitted pursuant to § 133-3, 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 he/she 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 § 133-5. 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
an application.
(2)
In the absence of such findings, the Chief of Police
shall find the application satisfactory.
B.
Satisfactory findings. 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.
C.
In no case shall a license be issued to any person under
the age of 16.
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 conducted,
if the activity is carried on at a fixed location.
E.
If the licensed activity is conducted from a vehicle,
the make, model and license number of the vehicle.
F.
The kind of goods or services to be sold.
G.
The date of issuance and expiration date of the license.
H.
Be signed by the Township Clerk as issuing officer.
I.
Any other appropriate information which the Township
Council may, by resolution, require.
Any applicant aggrieved by the action of the Clerk in the denial of a license, as provided in § 133-3, shall have the right of appeal to the Township Council. Such appeal shall be taken by filing with the Township 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 Township Clerk, in accordance with the provisions of § 133-3. The Township 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 § 133-10 for notice of hearing on revocation. The decision of the Council on such approval shall be final and conclusive.
A.
The Township Clerk shall keep a record of all licenses issued under this chapter. The record shall contain the same information as is required by § 133-4 to be contained in the license. It shall also indicate the amount of the fee paid for the licenses, 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 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 licenses 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.
A.
Annual licenses shall expire at 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 licenses shall be made not later than December
1 of the year of issue.
B.
Any such 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 § 133-2, 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 suspended or 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 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,
he/she shall then immediately notify the Township Council of the violation
and shall order the licensee to suspend further operation until a hearing,
in accordance with the provisions of this section, has been conducted.
(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, subject to the terms of this chapter, 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, subject to the terms of this chapter, 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 or 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 he/she 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 Washington.
For purposes of this chapter, real property taxes shall be considered delinquent
pursuant to the specifications in N.J.S.A. 54:4-66.
B.
If any licensee or permittee who is an owner of a property
upon which a licensed business or activity is conducted has failed to pay
the taxes due on the property for at least three consecutive quarters, the
license or permit held by such licensee is revoked by operation of this chapter
when the taxes for the third consecutive quarter become delinquent. Upon payment
of 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 (N.J.S.A. 33:1-1 et seq.) is exempted
from the provisions of this section.
The Chief of Police, any other police officer or the appropriate Township
official shall enforce the provisions of this chapter.