[Adopted 6-7-1982 by Ord. No. 11-1982
as Ch. 130 of the 1982 Code]
As used in this article, the following terms
shall have the meanings indicated:
All businesses, all trades and all callings and vocations,
with the exception of those businesses, trades, callings and vocations
for which licenses or certificates have been issued by any department,
board, commission or other agency of the State of New Jersey, other
than real estate auctioneers or real estate brokers engaged in selling
at auction and their auction businesses.
[Amended 2-17-1999 by Ord. No. 6-1999]
The license fees prescribed by this article
are to license and regulate, as police measures for the public health,
safety and morals or welfare, the businesses described herein and
to impose thereupon license fees for the issuance thereof or as may
be otherwise provided by law.
Nothing in this article shall be construed to
supersede or be in lieu of any regulatory provisions relating to any
license or permit required by any other chapter or article of this
Code.
A.
No person shall, unless a license has first been obtained
therefor as hereinafter provided in this article:
(1)
Engage in or carry on any business, trade or calling
in the City.
(2)
Aid or assist, as employee, clerk or otherwise, in
carrying on any business, trade or calling in the City.
(3)
Use any store, stand, vehicle, wagon or other place
or thing for which a license is required by this article.
(4)
Sell or offer for sale any goods or thing for which
a license is required by this article.
B.
Exceptions. Nothing in this article shall apply to
or require the obtaining of a license by any charitable or religious
society or incorporated benevolent association not for pecuniary profit.
[Amended 5-7-1990 by Ord. No. 4-1990; 2-17-1999 by Ord. No. 6-1999]
A.
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 license activity
he considers necessary for the protection of the public. He shall
communicate his findings in writing to the Licensing Officer 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 the products, services or activity are not free
from fraud, he shall disapprove the application and the Licensing
Officer shall refuse to issue the license and shall so notify the
applicant. Otherwise, the Licensing Officer shall issue the license
immediately, provided that the required license fees have been paid,
except in cases where approval of the City Council is required. In
the event of the refusal of the issuance of a license, the applicant
may appeal to the City of Pleasantville Public Safety Committee for
a hearing. The appeal shall be filed, in writing, with the City Clerk
within 14 days after notification of the refusal. The hearing shall
be held within 10 days thereafter and its decision shall be final.
[Amended 8-7-2023 by Ord. No. 15-2023]
B.
No license shall be granted for any business until
the Construction Official certifies, in writing, to the Licensing
Official that the applicant has complied with all the ordinances and
regulations pertaining to said business.
[Amended 5-7-1990 by Ord. No. 4-1990]
A.
The license fees to be paid annually as above provided
to Pleasantville for conducting the businesses, trades, professions
or occupations herein named at the places to be designated in the
license certificate issued therefor shall be as follows, the names
used being a designation of the businesses, trades, professions or
occupations required to be licensed:
[Amended 2-17-1999 by Ord. No. 6-1999; 12-15-2014 by Ord. No. 29-2014]
Type
|
Fee
| |
---|---|---|
Appliances
| ||
Sales/service
|
$75
| |
Repairs only
|
$50
| |
Auctioneer
|
$125
| |
Auto
| ||
Sales
|
$125
| |
Parts/supplies
|
$75
| |
Repairs
|
$75
| |
Leasing
|
$75
| |
Awnings
|
$50
| |
Bicycle sales/service
|
$50
| |
Car wash/service
|
$50
| |
Carpet cleaning
|
$50
| |
Deliveries, per truck with no store license
|
$25
| |
Department store
| ||
1 to 6 leased departments
|
$400
| |
7 to 10 leased departments
|
$500
| |
Over 10 leased departments
|
$600
| |
Development contractor
| ||
First year
|
$500
| |
Renewal, each year
|
$100
| |
Driving school, each vehicle
|
$25
| |
Drugstore
|
$75
| |
Electrical supplies
|
$75
| |
Expositions (circus; carnival)
|
$1,000
| |
Furniture
|
$100
| |
Grocery
|
$75
| |
Hardware
|
$75
| |
Ice cream
| ||
Stand
|
$35
| |
Parlor
|
$50
| |
Ice plant
|
$100
| |
Jewelry
|
$50
| |
Laundry
|
$100
| |
Laundromat
|
$50
| |
Each machine
|
$5
| |
Locksmith
|
$50
| |
Lumberyard
|
$100
| |
Manufacturer
|
$100
| |
Marine rentals, per slip
|
$15
| |
Monument work
|
$50
| |
Motel
|
$100
| |
Plus, each room
|
$5
| |
Motorcycle sales, parts and service
|
$75
| |
Newsstand
|
$35
| |
Novelties
|
$50
| |
Office supplies
|
$50
| |
Furniture and equipment
|
$75
| |
Optical sales/service
|
$50
| |
Parking lot
|
$100
| |
Bus parking
|
$2,500
| |
Per bus, per day
|
$5
| |
Personal service establishment
|
$50
| |
Petroleum storage
|
$300
| |
Photographer
|
$50
| |
Pizza parlor
|
$50
| |
Print shop
|
$50
| |
Produce and/or flower stand
|
$35
| |
Restaurant
|
$75
| |
Plus, per seat
|
$0.10
| |
Retail sales
|
$75
| |
Secondhand dealer
|
$250
| |
Service station
|
$75
| |
Supermarket
|
$250
| |
Telephone service
|
$50
| |
Theater
|
$200
| |
Trailer park sales and service
|
$150
| |
Trailer tax, per week, per trailer
|
$1
| |
Upholstery
|
$50
| |
Variety store
|
$200
| |
Vending machine
|
$15
| |
Music
|
$30
| |
Games
|
$50
| |
Warehouse
|
$100
| |
Wholesale sales
|
$100
|
B.
Miscellaneous. Any trade or business which is not
listed in this article will be charged $75.
A.
All license fees shall be due and payable to the City
Clerk prior to the issuance of the license.
[Amended 5-7-1990 by Ord. No. 4-1990]
A.
Every license shall specify by name the person, firm
or corporation to which it shall be issued; the business, trade or
calling for which it is granted; and the location at which such business,
trade or calling is to be carried on.
B.
All mercantile licenses provided for by this article
shall expire on May 31 at 12:00 midnight following the date of issuance.
A.
No person shall transact any business except with
respect to the business, trade or calling for which the license was
issued, except as otherwise provided in this section.
B.
If any person conducting a business, trade or calling
required to be licensed by the provisions of this article desires
to add thereto and conduct therewith any other business, trade or
calling not included in any classification for which such license
was issued, he shall be entitled to receive, upon payment to the City
Clerk of an additional fee amounting to 1/2 of the license fee prescribed
by this article for the business, trade or calling so added, a new
license which shall include such additional business, trade or calling.
[Amended 5-7-1990 by Ord. No. 4-1990]
D.
No license shall cover any place of business other
than that for which the license has been issued.
[Amended 5-7-1990 by Ord. No. 4-1990]
The license, when issued, shall be conspicuously
displayed on the premises where the business, trade or calling is
conducted. Licensees having no local place of business shall exhibit
their license when requested to do so by officers of the City Clerk's
office and of the Police Department.
[Added 5-7-1990 by Ord. No. 4-1990]
A.
All new businesses located in structures within the
City must be certified and inspected by the Zoning Officer, the Building
Subcode Official and the Fire Official or their designated representatives.
The structures will have to be in compliance with the State Uniform
Construction Code and the New Jersey Uniform Fire Code and will be
subject to the permitted uses section of Chapter 290, Zoning and Land
Use, of the City of Pleasantville.
[Amended 2-17-1999 by Ord. No. 6-1999]
B.
The fee for certification shall be $50.
C.
No license shall be issued to any person who has not
complied with the laws of the State of New Jersey or with any ordinance
of the City of Pleasantville.
[Amended 5-7-1990 by Ord. No. 4-1990; 11-20-2000 by Ord. No. 35-2000]
A.
Licenses are nontransferable, either from person to
person or from place to place. An existing business moving to a new
location within the City, retaining the same ownership, must notify
the City Clerk and Zoning Official prior to relocating.
B.
In the event of a transfer of a business licensed
under this article, the new owner shall notify the City Clerk of such
transfer or sale before operating the business.
[Amended 5-7-1990 by Ord. No. 4-1990]
Every person conducting a business, profession,
trade or calling required to be licensed shall permit and allow the
City Clerk or designated representative to have access to every building
for the purpose of ascertaining the nature of the business, trade
or calling as the basis for the license fee to be paid.
[Amended 5-7-1990 by Ord. No. 4-1990]
The City Clerk shall maintain a record of licenses
issued and the numbers of licenses assigned therefor.
A.
Any person violating any of the provisions of this
article shall, upon conviction in the Municipal Court of the City
of Pleasantville, be punished for each offense by a fine of not less
than $100 nor more than $1,000, imprisonment for a term not exceeding
90 days and/or a period of community service not exceeding 90 days.
Any person pleading guilty may pay a fine of $100 to the Municipal
Court of the City of Pleasantville.
[Amended 2-17-1999 by Ord. No. 6-1999; 4-17-2000 by Ord. No. 7-2000]
[Added 2-17-1999 by Ord. No. 6-1999]
A.
Any license or permit issued by the City may be revoked
by the City 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 dishonesty in the
conduct of the licensed activity.
(3)
A violation of any provision of this article.
(4)
Conviction of the licensee for any felony or high
misdemeanor or disorderly person's offense involving moral turpitude.
(5)
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.
(6)
Any licensee who, on more than one occurrence during a calendar year, violates, and receives a citation therefor, any regulation stated in § 207-1 et seq., Property Maintenance, or §§ 300-57 through 300-64, Signage, and fails to abate such violations within the time period allotted by the Code Official or his/her representative.
[Added 5-5-2014 by Ord. No. 11-2014]
B.
Whenever a license has been issued immediately upon
an application pending the results of the investigation provided for
by this article, such license may be summarily revoked if the result
of the investigation is such as would have resulted in denial of the
application.
C.
Notice of hearing.
(1)
Notice of a hearing for the revocation of a license
or permit shall be given in writing by the City 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.
(2)
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 City 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.
(3)
The City Council may issue another license to a person
whose license has been revoked or denied as provided in this article
if, after a 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.
D.
Immediate suspension. Notwithstanding the above provisions, any activity
at the licensed premises by the licensee or any agent of the licensee
which results in an arrest for an indictable offense for such conduct
at the licensed premises shall be reason to immediately suspend the
license pending a hearing before City Council which hearing shall
be held by Council within 30 days of such suspension. Such hearing
shall be conducted in accordance with the procedures described above.
[Added 12-1-2014 by Ord.
No. 26-2014]