City of Pleasantville, NJ Mercantile Licensing

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.

§ 155-2 Purpose.

[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.

§ 155-3 Scope and construction.

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.

§ 155-4 License required; exceptions.

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.

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.

§ 155-5 Investigation of applicants.

[Amended 5-7-1990 by Ord. No. 4-1990; 2-17-1999 by Ord. No. 6-1999]

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]

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.

§ 155-6 License fee amounts; businesses enumerated.

[Amended 5-7-1990 by Ord. No. 4-1990]

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

Miscellaneous. Any trade or business which is not listed in this article will be charged $75.

§ 155-7 Payment of license fees; reduced fees.

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]

All fees for licenses issued after January 1 and expiring on May 31 at 12:00 midnight of the same year shall be 1/2 of the amount of the fees prescribed by § 155-6.

§ 155-8 License contents and duration.

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.

All mercantile licenses provided for by this article shall expire on May 31 at 12:00 midnight following the date of issuance.

§ 155-9 New licenses for additional businesses.

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.

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]

No licensee shall conduct any additional business, trade or calling referred to in Subsection B of this section without having first obtained a new license as provided for in said Subsection B.

No license shall cover any place of business other than that for which the license has been issued.

§ 155-10 Display of licenses.

[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.

§ 155-11 Certification for new business.

[Added 5-7-1990 by Ord. No. 4-1990]

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]

The fee for certification shall be $50.

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.

§ 155-12 License transferability.

[Amended 5-7-1990 by Ord. No. 4-1990; 11-20-2000 by Ord. No. 35-2000]

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.

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.

Fees will be charged as follows:

(1)

A licensed business moving to a new location within the City and under the same ownership will pay a fee of $15 for administrative services.

(2)

All other transfers will be required to pay the annual license fee in accordance with § 155-6.

§ 155-13 Access to buildings by Clerk.

[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.

§ 155-14 Records of licenses issued.

[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.

§ 155-15 Violations and penalties.

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]

In addition to the penalty provided in Subsection A of this section, any license issued under this article may be revoked by the Council, after due notice and opportunity to be heard, for violation of any provision of this article.

§ 155-16 Revocation of license.

[Added 2-17-1999 by Ord. No. 6-1999]

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]

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.

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.

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]