Township of Bernards, NJ
Somerset County
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Table of Contents
Table of Contents
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.
[Ord. #192, § 1; Ord. #1288, § 1, 12-9-1997, amended; Ord. #2251, 10-29-2013, amended]
All applications for licenses shall be made to the Municipal Clerk and shall contain the following information:
a. 
Name and permanent and local address of the applicant.
b. 
If the applicant is a natural person, a complete physical description.
c. 
If the licensed activity is to be carried on at a fixed location, the address and a full description of the premises.
d. 
If a vehicle is to be used, its description, including copies of the vehicle registration, insurance, and driver's license of the applicant.
e. 
If the applicant is employed by another, the name and address of the employer together with credentials therefrom establishing the exact relationship.
f. 
The length of time for which the right to do business is desired and the days of the week and the hours of the day within which the business will be conducted.
g. 
A description of the nature of the business and the goods, property or services to be sold, together with the name and address of the source of supply of such goods, property or services, and the method of delivery.
h. 
A statement as to whether the applicant has been convicted of any crime, offense or violation of any municipal ordinance other than traffic violations, the nature of the offense and the punishment or penalty imposed therefor.
i. 
Appropriate evidence as to the good character and business responsibility of the applicant such as will enable an investigator to properly evaluate such character and business responsibility.
j. 
All 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. If the applicant has previously been approved by the Chief of Police within the past two calendar years, in the discretion of the Chief of Police the applicant need not be fingerprinted again. A statement, to be signed by the applicant, 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.
k. 
Applications of partners and members of limited-liability companies shall be signed by all partners and all members of limited-liability companies with the foregoing provisions of this subsection answered in detail as to each partner and limited-liability company member. Applications of corporations shall have attached thereto individual statements, in accordance with all of the provisions of this subsection, relating to each and every employee, agent or servant who shall engage in any of the functions authorized by this section and signed by each agent, servant or employee, and full compliance herewith by each individual.
l. 
Such other information as may be required by statute, but whenever any of the foregoing provisions are in conflict with any statutory provisions, the same shall be omitted.
[Ord. #192, § 2; Ord. #1288, § 2, 12-9-1997; Ord. #2251, 10-29-2013, amended]
Each application shall be referred to the Chief of Police or officer in charge of the Police Department, who shall immediately institute such investigation of the applicant's business and moral character and ability to properly conduct the licensed activity as he deems necessary for the protection of the public good and shall communicate his findings in writing to the Township Committee within a reasonable time after the complete application has been filed. If, based upon such findings, or upon such other information as the Township Committee may request, or that may come to the attention of the Township Committee of a disqualifying event, the Township Committee decides that the applicant's character, ability or business responsibility is unsatisfactory or the products or services are not free from fraud, it shall disapprove the application and refuse to issue the license and shall so notify the applicant. Otherwise, the Municipal Clerk shall issue the license pursuant to a resolution adopted by the Township Committee.
[Ord. #2251, 10-29-2013, added[1]]
If a determination has been made by the Chief of Police that an event in the application investigation constitutes a disqualifying event, then the Chief of Police shall notify the applicant, in writing, of the determination within five days.
a. 
Once the applicant has been formally notified, in writing, that the Chief of Police has made a determination that any event contained in the application investigation is a disqualifying event, the applicant shall have the right, within 10 days of the date of written notification, to appeal in writing to the Township Committee for review of the determination of the Chief of Police.
b. 
The applicant shall be entitled to a hearing before the Township Committee and shall be entitled to provide information stating why the event in the application investigation should not be considered a disqualifying event.
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 as to whether an event on the application investigation constitutes a disqualifying event. The Township Committee may affirm, modify or reverse the decision of the Chief of Police and shall set forth its final determination in a resolution granting, modifying or denying the license.
Confidentiality. The criminal history record background check and fingerprinting procedure set forth in this chapter will be conducted, to the extent possible, in a manner intended to preserve the privacy of all parties.
[1]
Editor's Note: This ordinance also renumbered former §§ 4-1.3 through 4-1.10 as §§ 4-1.4 through 4-1.11, respectively.
[Ord. 4-10-19, Ch. V, § 4; Ord. #192, § 3; Ord. #2251, 10-29-2013, amended]
All licenses shall be issued by the Municipal Clerk and shall bear the common seal of the Township attested to by the Clerk.
[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. #192, § 6; Ord. #468, § 1; Ord. #2251, 10-29-2013, amended]
Any license or permit issued under the provisions of this chapter or any other chapter of this revision or any ordinance of the Township of Bernards 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.
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.
[Ord. #192, § 7; Ord. #2251, 10-29-2013, amended]
Notice of a hearing for revocation of a license or permit issued under the provisions of this chapter shall be given in writing by the Municipal Clerk in accordance with Subsection 4-1.3, 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 last known address at least five days prior to the date set for the hearing.
[Ord. #192, § 8]
At the hearing 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.