[HISTORY: Adopted by the Township Committee of the Township of Maplewood 12-3-1974
by Ord. No. 1438 as Section 4-1 of the 1974 Revised General
Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 79.
Amusement devices — See Ch. 83.
Dogs, cats and other animals — See Ch. 113.
Fees — See Ch. 123.
Garage sales — See Ch. 133.
Gasoline service stations — See Ch. 137.
Motor vehicle dealers — See Ch. 171.
Peddling and soliciting — See Ch. 197.
Pool- and billiard rooms — See Ch. 201.
Going-out-of-business and altered-goods sales — See Ch. 215.
Taxicabs — See Ch. 249.
News vending machines — See Ch. 261.
The purpose of this chapter is to provide a uniform set of procedures
for administering the issuance, renewal and revocation of all licenses issued
by the township, except alcoholic beverage licenses, animal licenses and taxicab
licenses.
A.
An application for a license shall be accompanied by
the required fee and shall be made to the Township Clerk on forms provided
by him and shall contain the following information:
(1)
The name and permanent and local address of the applicant.
If the applicant is a corporation, the name and address of its registered
agent.
(2)
If the licensed activity is to be carried on at a fixed
location, the address and description of the premises.
(3)
If a vehicle is to be used, its description, including
the license number.
(4)
If the applicant is employed by another, the name and
address of the employer, together with credentials establishing the exact
relationship.
(5)
The days of the week and the hours of the day during
which the licensed activity will be conducted.
(6)
A description of the nature of the business and the goods,
property or services to be sold or supplied.
(7)
A statement as to whether the applicant has been convicted
of any crime or the violation of any municipal ordinance other than traffic
offenses and if so, the date and place of conviction, the nature of the offense
and the punishment or penalty imposed.
(8)
Appropriate evidence as to the good character and business
responsibility of the applicant so that an investigator may properly evaluate
his character and responsibility.
B.
The applicant shall be fingerprinted if the Chief of
Police determines that fingerprints are necessary for proper identification.
Fingerprint records shall be immediately processed for classification and
identification.
C.
Applications by partnerships shall be signed by all partners
with the information required by this section supplied in detail as to each
partner, and applications of corporations shall have attached individual statements
containing all the information required by this section relating to each employee
or agent who shall engage in the licensed activity and shall be signed by
each employee or agent.
Each application shall be referred to the Police Chief, 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 licensed activity he considers necessary for the protection
of the public. He shall communicate his findings, in writing, to the Township
Clerk 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 Clerk shall
refuse to issue the license and so notify the applicant. Otherwise, the Clerk
shall issue the license immediately, provided that the required license fees
have been paid, except in cases where approval of the Township Committee is
required. In the case of an application for a solicitor's, peddler's
or canvasser's license, the license may be issued immediately by the
issuing authority subject to the investigation. In the event of the refusal
of the issuance of a license, the applicant may appeal to the Township Committee
for a hearing. The appeal shall be filed, in writing, with the Clerk within
fourteen (14) days after notification of the refusal. The Township Committee
shall hold its hearing within fourteen (14) days after filing of the appeal.
The Township Committee shall promptly announce its decision and, if it denies
the application, shall state the grounds for its decision.
Licenses shall be in a form which the Township Committee shall prescribe
by resolution and shall contain the following information:
A.
The name and address of the licensee.
B.
The number and type of the license and the nature of
the licensed activity.
C.
The address at which the licensed activity is conducted,
if the activity is carried on at a fixed location.
D.
If the licensed activity is conducted from a vehicle,
the make, model and license number of the vehicle.
E.
The expiration date of the license.
F.
Any other appropriate information which the Township
Committee may by resolution require.
The Township Clerk shall keep a record of all licenses issued under this chapter. The record shall be in a form prescribed by resolution of the Township Committee and shall contain the same information which is required by § 161-4 to be contained in the license. It shall also indicate the amount of the fee paid for each license, the date on which payment was received, the date of the issuance of the license and any other information which the Township Committee may require by resolution.
The plate, badge or other evidence shall be displayed at all times in
a conspicuous part of the vehicle used by the licensee, if any, in the conduct
of his business and, if no vehicle is used, shall be carried by him and exhibited
upon demand of any of the citizens of the township or members of the Police
Department.
The license shall be good only in the year in which it is issued; it
shall be effective from January 1 in each year, and any licensee applying
for or obtaining a license after January 1 in any year shall pay the license
fee for the full year. The license issued shall not authorize any person,
except the designated person named in the license, to engage in business thereunder
and shall not be transferable from the person to whom issued to any other
person.
A.
Any license or permit issued by the township may be suspended
or revoked by the Township Committee 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 Code.
(4)
Conviction of the licensee for any felony or high misdemeanor
or a 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.
B.
Whenever a license has been issued immediately upon an
application, pending the results of the investigation provided for by this
chapter, 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 for the suspension or revocation of a license or permit
shall be given, in writing, by the Township Clerk. The notice shall specifically
set forth the grounds upon which the proposed suspension or 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 (5) days prior to the date set for the hearing.
The Township Committee may issue another license to a person whose license
has been revoked or denied as provided in this chapter, if after 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.
The Township Committee may by resolution make rules and regulations
which interpret or amplify any provision of this chapter or for the purpose
of administering the provisions of this chapter or making them more effective.
No regulation shall be inconsistent with or alter or amend any provision of
this chapter and no regulation shall impose any requirement which is in addition
to or greater than the requirements that are expressly or by implication imposed
herein.
