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[HISTORY: Adopted by the Township Committee of the Township of Hainesport 8-22-1995 by Ord. No. 1995-6-7. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
BUSINESS
Any commercial, industrial or mercantile activity engaged in as set forth in N.J.S.A. 40:52-1.
PERSON
Includes plural as well as singular and also includes corporations, associations, partnerships and joint ventures.
Before any person shall open, operate or establish a business in the Township of Hainesport, said person shall apply for and secure a license for such business from the office of the Township Clerk. The requirements of this chapter shall apply to all existing businesses within the Township as well as any businesses commenced on or after the effective date of the chapter.
[Amended 12-12-1995 by Ord. No. 1995-13-11]
A. 
Application for a business license shall be made on forms to be obtained from the Township Clerk. In the case of corporations and associations, all officers, directors or stockholders owning 10% or more of the stock and members thereof shall be listed on the application and the police records of all persons shall be subject to investigation by the State Police. In the case of partnerships and joint ventures, all members of said partnership or joint venture shall be listed on the application and be subject to investigation. The business premises shall be subject to inspection by the Code Enforcement Officer to determine compliance with Zoning and Building Code requirements. Prior to the issuance of a business license, the applicant shall be required to obtain a zoning use permit to be signed by the Zoning Official.[1]
[1]
Editor's Note: The zoning use permit application is on file in the office of the Township Clerk.
B. 
The issuance of a business license by the Township of Hainesport shall not act as or be interpreted as a certification that the business is in compliance with all zoning and land use requirements[2] for the zone in which the business is located, nor shall the issuance of a business license be deemed a certification of a valid preexisting nonconforming use for the business as contemplated by N.J.S.A. 40:55D-68.
[Added 8-26-1997 by Ord. No. 1997-6-7]
[2]
Editor's Note: See Ch. 104, Land Use.
[Amended 12-12-1995 by Ord. No. 1995-13-11; 10-13-2020 by Ord. No. 2020-7]
As a condition for the issuance of any license or renewal license required by the Township of Hainesport, the applicant, if he or she is the owner thereof, is required to pay any delinquent property taxes or assessments on the property that is the subject of the license or on which a licensed activity or business is or will be conducted. Proof of payment of taxes shall be provided to the Township Clerk by submission of the form entitled "Certification of Tax Collector." The license may be revoked or suspended when any licensee, who is an owner of the property upon which the licensed business or activity is conducted, has failed to pay the taxes due on the property for at least three consecutive quarters. Upon payment of the delinquent taxes or assessments, the license shall be restored. The provisions of this section shall not apply to or include any alcoholic beverage license or permit issued pursuant to the Alcoholic Beverage Control Act, N.J.S.A. 33:1-1 et seq.
[Amended 1-27-2004 by Ord. No. 2004-1-1; 12-9-2014 by Ord. No. 2014-12-11]
A license fee of $50 for an individual and $50 for corporations, partnerships and associations or joint ventures shall be paid to the Township Clerk at the time the application is submitted to defray the costs of processing and investigation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
With respect to each license application received, the Township Committee shall conduct such investigations through the State Police, Code Enforcement Officer and/or Fire Inspector as may be necessary to establish:
(1) 
With respect to the premises for which a license is sought that it is in compliance with all applicable building, housing, health, fire and safety codes and regulations.
(2) 
That the applicant(s) for the license has never been convicted in this state or elsewhere of a crime involving moral turpitude.
B. 
Upon completion of investigation by the State Police and inspection of the proposed business premises by the Township Code Enforcement Officer, the Code Enforcement Officer shall recommend the issuance or denial of said license to the Township Committee, setting forth his reasons therefor in writing. The Township Committee shall authorize the issuance of the license or refuse to issue the license within three weeks of the date of the recommendation by the Code Enforcement Officer and the governing body shall set forth, in writing, the reasons for its action in authorizing or refusing said license.
A. 
The Township Committee may revoke a license granted under this chapter for any of the following reasons:
(1) 
A finding that there was any misstatement of material fact in the application upon which the license was issued.
(2) 
The occurrence of any fact which, had it occurred and been known to the licensing authority before issuance of the license, would have resulted in the denial of the application.
(3) 
Repeated violations or prolonged failure to correct any violation of any applicable building, housing, health, fire or safety code or regulations.
(4) 
Refusal to allow access to any portion of the licensed premises at reasonable times with or without advance notice in order that officers or agents of the licensing authority or any official charged with enforcement within the municipality of any building, housing, health, fire or safety code or regulations applicable to the premises may determine compliance with such codes or regulations.
(5) 
Failure or refusal to comply with any lawful regulation or order of the Township Committee.
B. 
A license shall not be revoked until five days prior notice of the grounds therefor has been served upon the licensee, either personally or by certified mail addressed to the licensee at the licensed premises, and a hearing or opportunity to be heard given to the licensee before the Township Committee.
[Amended 8-26-1997 by Ord. No. 1997-6-7; 9-13-2016 by Ord. No. 2016-12-8; 8-13-2019 by Ord. No. 2019-6]
A license issued for 2018 shall not expire to December 31, 2019, and thereafter when issued shall be valid through the month of January in the calendar year following the year in which the license is issued, unless sooner terminated by revocation pursuant to the terms of this chapter. No later than December 1 of each year, the holder of a license shall make application to the Township of Hainesport for its renewal. Application for a renewal shall follow the same procedures and requirements as set forth for a new application and shall require the same procedures, consideration and determination by the Township Committee in the same manner as a new application.
No license shall be issued to a vendor of tangible personal property, other than property exempted from sales and use taxation, having no fixed place of business in the municipality without the submission of a copy of a valid certificate of authority issued to the vendor pursuant to state law empowering the vendor to collect sales tax.
[Amended 5-23-2006 by Ord. No. 2006-5-4; 10-13-2020 by Ord. No. 2020-7]
Any person(s) who is found to be in violation of the provisions of this chapter shall be subject to a penalty as specified in § 1-1 of the Township Code.