Borough of East Rutherford, NJ Article I General Licensing Provisions

[Adopted 1-1-1982 as Sec. 4-1 of the 1982 Recodification]

§ 181-1 License term.

Unless otherwise specified, every license issued pursuant to the Code of the Borough of East Rutherford shall expire on the last day of December in the year during which the license is issued.

§ 181-2 Transfer of license.

A. Licenses issued pursuant to this article are not transferable from person to person. In the case of any food-vending machine, coin-operated amusement game or newspaper stand, unless otherwise specified, transfer of a license from machine to machine is permitted.

B. Not more than one machine shall be operated under one license. A licensed machine may be transferred from one location to another within the borough upon notification to the Borough Clerk to such effect reciting the new location at which the machine is to be maintained for operation.

§ 181-3 Revocation of licenses.

Any license or permit issued under the provisions of this article or any other chapter of this Code or any ordinances of the Borough of East Rutherford may be revoked or suspended by the officer issuing such license after notice and hearing, for any of the following causes:

A. Fraud, misrepresentation or false statement contained in any application for a permit or license.

B. Fraud, misrepresentation or false statement in the conduct of any business or activity authorized by such license.

C. Any violation of this article.[1]

[1] Editor's Note: For provisions on violations and penalties, see Ch. 1, General Provisions, Art. III, Violations and Penalties.

D. Conviction of any crime or misdemeanor involving moral turpitude.

E. Conducting any business or activity under any license or permit in an unlawful manner or in such manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.

§ 181-4 Notice of hearing.

Notice of the hearing for revocation or suspension of a license or permit shall be given in writing setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed to the licensee at his last known address at least five days prior to the date set for the hearing.

§ 181-5 Appeal from denial.

Any person aggrieved by the denial of any application for permit or license or a revocation or suspension of the same or the refusal to renew the same may appeal to the Borough Council by filing with the Borough Clerk, within 14 days after the aggrieved person has been notified of the action complained of, a written statement setting forth the grounds of the appeal. The Borough Council shall set a time and place for a hearing on such appeal, and notice shall be given to the appellant in the manner provided in § 181-4. The decision and order of the Borough Council on such appeal shall be final and conclusive.

§ 181-6 Exceptions.

Licenses issued under the rules and regulations of the Alcoholic Beverage Control Act[1] are hereby exempt from the provisions of this article to the extent the provisions of this article are inconsistent with the rules and regulations of the Alcoholic Beverage Commission.

[1] Editor's Note: See N.J.S.A. 33:1-1 et seq.