City of East Orange, NJ Article III Procedure and Fees

§ 170-13 Review of application for license or renewal.

The supervising officer shall examine the qualifications of each applicant for a license or renewal thereof to determine that such applicant or licensee would conduct the licensed activity in a lawful manner and shall be guided in making his determination by the following factors:

A. Existence of any convictions for any crimes, the reasons therefor and the demeanor of the applicant subsequent thereto.

B. The license history of the applicant, whether such person, in previously obtaining a license in this City or any other city, has had such license rejected or suspended, the reasons therefor and the demeanor of the applicant subsequent to such actions, the timeliness of past applications for licenses, and the applicant's continued compliance with all license requirements after having been granted any previous licenses.

C. Such other facts relevant to the general personal history of the applicant as may be necessary to a fair determination of the eligibility of the applicant to conduct the licensed activity.

§ 170-14 Filing of application.

A. Every person required to procure a license under the provisions of this Code or any other ordinance of this City shall submit an application for such license to the issuing officer, which application shall be a written statement, with such copies as the supervising officer may require, upon forms provided by the issuing officer.

B. New applicants for superintendents in dwellings (Chapter 159), motor vehicle and/or auto body repair garage (Chapter 175), used car lots (Chapter 186) and peddlers, hucksters and itinerant vendors (Chapter 118) shall require a criminal history record check pursuant to N.J.S.A. 40:48-1.4. The applicant must submit to being fingerprinted in accordance with applicable state and federal laws, rules and regulations. The Director of Licensing is authorized to exchange fingerprint data with and receive criminal history record information from the Federal Bureau of Investigation and shall disseminate that information to the Director of Licensing. All costs and expenses shall be paid by the applicant.

[Added 2-23-2015 by Ord. No. 7-2015

C. New applicants for superintendents in dwellings (Chapter 159) shall obtain the required criminal history record check pursuant to Subsection B of this section, through any agency of their choosing that provides said service, providing said agency has been previously approved by the East Orange Police Department.

[Added 12-19-2016 by Ord. No. 60-2016]

§ 170-15 Contents of application.

All applications for licenses shall require the disclosure of all necessary information for compliance with § 170-13 and any other information which the supervising officer shall find necessary in the administration of this chapter.

§ 170-16 Payment of fees.

Any fee in connection with any license shall be paid to the issuing officer at the time of the filing of the application.

§ 170-17 Issuance of receipts.

In the event a license cannot be or is not issued at the time the application therefor is made, the issuing officer shall issue a receipt to the applicant for the money paid in advance, provided that such receipt shall not be construed as the approval of the issuing officer for the issuance of a license or entitle or authorize the applicant to open or maintain the activity subject to licensing.

§ 170-18 Schedule of fees.

[Amended 4-22-1968 by Ord. No. 28-1968; 9-22-1969 by Ord. No. 33-1969; 5-25-1970 by Ord. No. 30-1970; 11-9-1970 by Ord. No. 55-1970; 9-13-1971 by Ord. No. 37-1971; 6-12-1972 by Ord. No. 24-1972; 12-18-1972 by Ord. No. 53-1972; 12-12-1976 by Ord. No. 40-1976; 12-23-1976 by Ord. No. 59-1976; 5-7-1979 by Ord. No. 25-1979; 11-10-1980 by Ord. No. 15-1980; 11-10-1980 by Ord. No. 32-1980; 2-9-1981 by Ord. No. 6-1981; 9-14-1981 by Ord. No. 20-1981; 9-27-1982 by Ord. No. 15-1982; 4-11-1983 by Ord. No. 19-1983; 9-12-1983 by Ord. No. 34-1983; 10-11-1983 by Ord. No. 42-1983; 3-5-1984 by Ord. No. 7-1984; 6-11-1984 by Ord. No. 23-1984; 5-27-1986 by Ord. No. 25-1986; 11-1-1993 by Ord. No. 8-1993; 2-22-1999 by Ord. No. 4-1999[1]]

A. No person shall carry on any business named in this section without first having obtained a license therefor, the license fees for which are listed as follows:

License		Fee	Term or Expiration Date	Supervising Officer	Regulations
Ammunition and explosives		$2	June 1	Fire Chief	Ch. 146, Fire Prevention
Amusement promotions		$500
Auctioneers		$100	June 2	Director of Inspection and Licensing
Bazaars		$100	1 day		See Ch. 188, Outdoor Activities
Boardinghouses		$150		Public Officer	Ch. 159, Housing Standards; Property Maintenance
Bowling alleys, per alley		$25	June 1	Chief of Police
Building contractors		$25	July 1	Chief Building Inspector
	Annual renewal	$10
Carnivals		$1,000			See Ch. 188, Outdoor Activities
Car washes		$30	1 day
Child-care centers		$75	annual		Ch. 159, Housing Standards; Property Maintenance
Circulars, advertisements, magazines, periodicals, newspapers, sample merchandise, etc., per person		$10	Daily	Tax Collector	Ch. 182, Newspapers, Advertisements and Periodicals
Circuses:					See Ch. 188, Outdoor Activities
	First day	$500
	Each additional day	$150
Coin-operated amusement device		$100	June 1	Chief of Police	Ch. 103, Amusement Devices
Coin-operated dry-cleaning establishments, each machine		$30	May 1	Chief Building Inspector	Ch. 165, Laundromats and Dry-Cleaning Establishments, Coin-Operated
Concerts		$1,000			See Ch. 188, Outdoor Activities
Dance halls and discotheques		$300	June 1	Director of Inspection and Licensing	Ch. 128, Dance Halls and Discotheques
Dance permits		$60
Dispensing machines (food and milk)		$40 per machine		Health Officer
Dogs:			February 1	Tax Collector	Ch. 132, Dogs and Other Animals
	License, including registration tag and state fee	$7
	Unspayed or unneutered	$3
	Tag, duplicate	$1		Tax Collector	Ch. 132, Dogs and Other Animals
	Rabies tab	$1
	Impoundment, for each day or fraction thereof that such dog is impounded	$1		Tax Collector	Ch. 132, Dogs and Other Animals
	License fee for potentially dangerous dog	$700	annual		Ch. 132, Dogs and Other Animals
Drug centers		$75	annual		Ch. 159, Housing Standards; Property Maintenance
Fairs		$250			See Ch. 188, Outdoor Activities
Festivals		$250			See Ch. 188, Outdoor Activities
Flammable liquids, wholesale		$28		Fire Chief
Flea markets		$100			See Ch. 188, Outdoor Activities
Food and cake sales		$60
Forced sales		$150	60 days	Tax Collector	Ch. 223, Sales, Forced-Out-of-Business
Garages and service stations, each pump		$30	May 1	Fire Chief	Ch. 146, Fire Prevention
Garage, yard and porch sale					See Ch. 188, Outdoor Activities
Incinerator		$25	August 1	Director of Air Pollution Control	Ch. 94, Air Pollution
Kennels:
	Less than 10 dogs	$10	February 1	Health Officer	Ch. 132, Dogs and Other Animals
	More than 10 dogs	$25	February 1	Health Officer	Ch. 132, Dogs and Other Animals
Laundromats - washing and drying machines, each machine		$20	May 1	Chief Building Inspector	Ch. 165, Laundromats and Dry-Cleaning Establishments, Coin-Operated
Lodging houses		$150	June 1	Public Officer	Ch. 159, Housing Standards; Property Maintenance
Milk sale and delivery, each vehicle		$30	July 1	Health Officer	Ch. 292, Sanitary Standards
Motor vehicle and/or auto body repair garage		$335	May 1 to April 30	Director of Inspection and Licensing	Ch. 175, Motor Vehicle Repair Garages
Nursing home		$175	June 1	Public Officer	Ch. 159, Housing Standards; Property Maintenance
Open-air parking stations, per space		$30	July 1	Director of Public Works	Ch. 186, Open-Air Lots, Vehicle
Pawnbrokers		$1,000	January 1	Police Chief	Ch. 195, Pawnbrokers
Peddlers, hucksters, itinerant vendors		$168	June 1	Director of Inspection and Licensing	Ch. 118, Canvassers, Solicitors and Peddlers
Pet shops		$30	February 1	Health Officer	Ch. 132, Dogs and Other Animals
Poolrooms:
	Per table	$25	June 1	Police Chief
	Per coin-operated table	$50	June 1	Police Chief
Precious metals and gems:			June 1	Director of Inspection and Licensing	Ch. 206, Precious Metals and Gems
	Initial fee	$250
	Renewal	$30
Replacement of lost or defaced licenses, each		$25
Restaurants and itinerant restaurants:
	50 or more seats	$112	July 1	Health Officer
	Fewer than 50 seats	$56	July 1	Health Officer
	Additional vehicles or conveyances granted pursuant to itinerant restaurant license	$168	July 1	Health Officer
Retail food:
	Bakery	$56
	Deli	$56
	Grocery	$56
	Confectionery store	$56
Supermarkets:
	Up to 5,000 square feet	$112
	Over 5,000 square feet	$224
Revivals		$112			See Ch. 188, Outdoor Activities
Shelters		$56	1 year
Superintendent		$168	January 1 to December 31	Director of Inspection and Licensing	§ 159-86, Superintendents in dwellings
Suspended street decorations and advertising:
	Major	$25	June 1	Director of Public Works	Ch. 238, Streets and Sidewalks
	Minor	$10	June 1	Director of Public Works	Ch. 238, Streets and Sidewalks
Swimming pools:
	New and renewal	$112	June 1	Health Officer
	Construction permit	$28	June 1	Health Officer
	Alteration permit	$17	June 1	Health Officer
	Fencing	$2		Public Officer	Ch. 246, Swimming Pools: Fencing
Theaters and motion pictures, per seat		$1	June 1	Fire Chief	Ch. 252, Theaters, Movies and Exhibitions
Tool and implement grinders		$81	June 1	Director of Inspection and Licensing
Towing:
	Tow trucks, per vehicle	$1,000
	Tow drivers, per driver	$500
Trade name		$500
Transient merchants		$250, plus $10,000 bond	June 1	Tax Collector	Ch. 118, Canvassers, Solicitors and Peddlers
Used car lots:
	Under 10,000 square feet	$550	July 1	Chief Building Inspector	Ch. 186, Open-Air Lots, Vehicle
	Over 10,000 square feet	$850	July 1	Chief Building Inspector	Ch. 186, Open-Air Lots, Vehicle
Vending machines		$40	July 1	Director of Inspection and Licensing
Vendor, itinerant:			June 1; 2 days, consecutively	Tax Collector	Ch. 118, Canvassers, Solicitors and Peddlers
	Plant vendor	$85
	General peddler	$168	1 year
	Carnival and special events vendors (must be bonded)	$112	1 year
Vendor of food and ice cream:
	Per vehicle	$168		June 1	Health Officer
Video game		$225
Video game distributor		$550	1 year

B. Unless otherwise provided, the terms of the licenses set forth in the above schedule and fees to be charged shall be on an annual basis.

C. Where the term of an existing license is extended by reason of an ordinance amendment adopted during the term of such license, no further fee or charge shall be made by the City until the termination of the license upon the occurrence of the expiration date as extended.

D. Where the term of the license has been reduced, there shall be credited to the license upon renewal a pro rata share of the renewal for the part of the term covered by the prior year's licensing fee. Where there is no renewal upon request of the licensee, a refund shall be made by prorating for the portion of the year covered by the original term of the license but abridged by the new expiration date.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 170-19 Refunds and rebates.

A. The issuing officer shall authorize a refund or rebate to the applicant of the fees paid thereon if the application or renewal is denied, subject to such deductions as may be required by regulation to cover the costs of inspection and hearings pursuant to such application or renewal, and shall also authorize a pro rata rebate of any license fee heretofore paid where cessation or termination of the licensed operation is caused by acquisition of any premises for public use or public purposes by any public agency or private agency exercising powers of eminent domain, provided that any refund or rebate shall be first applied against any money due and owing to the City. Any rebate or refund permitted under this section by reason of acquisition of property for public use or public purposes shall be allowed for any license in effect on and after January 1, 1964, and further subject to offset by the City for any money due the City for taxes on tangible personal property used in business by the applicant.

B. The City Treasurer shall, upon certification by the issuing officer, refund a license fee where any license fee was collected in error, or rebate the balance of any fee as aforesaid if any license is denied.

C. Except as provided herein, there shall be no rebates or refunds of any license fees paid hereunder.

§ 170-20 Contents of license.

Information required for each license issued shall be on a form prescribed by the issuing officer and shall contain the following:

A. The name of licensee and any other name under which such business is to be conducted.

B. The name and address of each business so licensed.

C. The amount of the license fee.

D. The date of issuance and expiration of the license.

E. The name and address of the agent appointed pursuant to § 170-4.

F. Such other information as shall be prescribed by regulation.

§ 170-21 Renewal license procedure.

The applicant for the renewal of a license shall submit an application for such license to the issuing officer on forms provided by the issuing officer. The application for a renewal license shall require the disclosure of such information concerning the applicant's demeanor and conduct and the operation of applicant's business during the preceding licensing period and such other information as is reasonably necessary to the determination by the supervising officer of the applicant's eligibility for a renewal license. An inspection shall be conducted of the subject matter of licensing where required by regulations or by direction of the supervising officer. The fee for renewal of any license shall, unless otherwise provided by this Code or other City ordinance, be the same as the original fee for such license.

§ 170-22 Transfer of license.

No license shall be transferable unless otherwise provided. No license issued by the City shall be transferable as to persons or locations unless otherwise expressly permitted by the provisions governing such license.

§ 170-23 Separate license required for branch establishments.

Unless otherwise provided by regulation, a license shall be required in the manner prescribed herein for each branch establishment or location of the business engaged in as if each such branch establishment or location were a separate business, provided that warehouses and distributing plants used in connection with and incidental to a business licensed under this chapter shall not be deemed to be separate places of business or branch establishments.