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Unless otherwise provided, the following regulations
shall apply to all licenses, except dog licenses, issued under this
revision whether included within this chapter or not.
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[Ord. #192, § 1; Ord. #1288, §
1, 12-9-1997, amended; Ord. #2251, 10-29-2013, amended; Ord. #2414,
4-23-2019, amended]
All applications for licenses shall be made to the Municipal
Clerk, unless otherwise specified, using the prescribed form.
[Ord. # 2414,[1] 4-23-2019, added]
Unless otherwise specified for the specific license, whenever
an applicant is required to be fingerprinted as part of a criminal
background check, all initial applicants shall be fingerprinted for
proper identification, criminal history searching and application
investigation. The applicant will be responsible for the additional
administrative costs for such fingerprinting. All subsequent applications
shall require a criminal history name check provided through the New
Jersey State Police by the applicant, and the applicant need not be
fingerprinted again. The Chief of Police may accept the results of
a criminal history record background check of state records conducted
within the previous six months indicating no disqualifying information
which was required for that person to be licensed in another municipality.
The applicant shall sign a statement consenting to the Township's
obtaining copies of the applicant's driving record, criminal record,
disorderly persons offense record, ordinance violation records, law
enforcement contact and investigative reports from the official public
agency which maintains such records to aid in the investigation. Every
applicant who is required to submit to fingerprinting shall pay the
administrative cost of taking and processing the applicant's fingerprints,
which shall be in addition to the license fees specified for such
license.
[1]
Editor's Note: This ordinance also repealed former Subsection 4-1.2, Investigation of applicants, as amended, and former Subsection 4-1.3, Notification of disqualifying event; appeal of determination, added 10-29-2013 by Ord. #2251, and renumbered former Subsections 4-1.4 through 4-1.6 as Subsections 4-1.3 through 4-1.5, respectively.
[Ord. 4-10-19, Ch. V, § 4; Ord.
#192, § 3; Ord. #2251, 10-29-2013, amended; Ord. #2414,
4-23-2019, amended]
All licenses shall be issued by the Municipal Clerk, unless
otherwise specified.
[Ord. #192, § 4; Ord. #2251, 10-29-2013,
amended]
Every license issued under this chapter shall
apply only to the applicant to whom it was issued and the place or
premises for which issued and shall not be transferable.
[Ord. #192, § 5; Ord. #1218, § 1]
Except as otherwise stated with respect to licenses
for particular activities, all licenses shall expire on December 31
of the year of issue. All licenses shall expire at 12:00 midnight,
prevailing time. Applications for renewal of licenses which expire
on December 31 shall be made not later than December 1 of the year
of issue.
[Ord. #2414, 4-23-2019, added]
Unless otherwise specified for the specific license, the denial
of any license issued under the provisions of this chapter may be
appealed to the Township Committee pursuant to the following procedures:
a.
Within 10 days of the applicant having been formally notified, in
writing, that the license has been denied, the applicant shall have
the right to appeal in writing to the Township Committee for review
of the denial.
b.
The applicant shall be entitled to a hearing before the Township
Committee at a public meeting, and shall be entitled to provide information
stating why the license should not have been denied.
c.
Once an appeal is made, the Township Committee shall review the file,
the circumstances surrounding the application investigation and any
statement or information provided by the applicant and shall make
a final determination within 21 days of the public hearing. The Township
Committee may affirm, modify or reverse the denial, and shall set
forth its final determination in a resolution granting, modifying
or denying the license.
[Ord. #192, § 6; Ord. #468, § 1;
Ord. #2251, 10-29-2013, amended; Ord. #2414, 4-23-2019, amended]
Any license issued under the provisions of this chapter, where
there is no specific provision governing the revocation thereof, may
be revoked by the Township Committee after notice and hearing before
the Township Committee for any of the following causes:
a.
Fraud, misrepresentation or false statement contained in any application
for permit or license.
b.
Fraud, misrepresentation or false statement in the conduct of any
business or activity authorized by such license.
c.
Violation of any provision of this revision.
d.
Conviction of the licensee for any felony or a misdemeanor involving
moral turpitude.
e.
Conducting any business or activity licensed under this chapter,
through the licensee himself or any of his agents, servants or employees,
in any unlawful manner or in such a manner as to constitute a breach
of the peace or a menace to the health, safety or general welfare
of the public.
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Upon reasonable belief that the cause for revocation exists,
the Chief of Police temporarily shall suspend a license pending hearing
and determination by the Township Committee.
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[Ord. #192, § 7; Ord. #2251, 10-29-2013,
amended; Ord. #2414, 4-23-2019, amended]
Notice of a hearing for revocation of a license issued under
the provisions of this chapter shall be given in writing by the Municipal
Clerk, setting forth specifically the grounds of complaint and the
time and place of the hearing. Such notice shall be mailed to the
licensee, by regular and certified mail, to his/her last known address
at least five days prior to the date set for the hearing.
[Ord. #192, § 8; Ord. #2414, 4-23-2019,
amended]
At the hearing to be held at a public meeting
of the Township Committee the licensee shall have the right to appear
and be heard, to be represented by counsel, to present witnesses in
his own behalf, to cross-examine opposing witnesses and to have a
permanent record made of the proceedings. The Township Committee shall
revoke or suspend the license only if it is satisfied by a preponderance
of the evidence that the licensee is guilty of the acts charged.
[Ord. #192, § 9; Ord. #2251, 10-29-2013,
amended]
No applicant whose license has been revoked or denied as provided
by this section, nor any person acting for the applicant directly
or indirectly, shall be entitled to another license to carry on the
same activity unless he shall establish to the Township Committee
by clear and convincing evidence that the acts which led to the revocation
or denial will not be committed or occur again.
[Ord. #1288, § 3, 12-9-1997, added; Ord.
#2251, 10-29-2013, amended]
Any person found guilty of violating this Chapter IV, General
Licensing, shall be subject to a fine in accordance with Section 3-1
of the Revised General Ordinances of Bernards Township. Such penalty
shall be in addition to any denial, suspension or revocation of license
as may be provided under specific sections of this chapter.
