§ 8-2. ADDITIONAL MERCANTILE LICENSING REQUIREMENTS.

8-2.1 Findings and Purpose. The governing body finds that the increasing number of itinerant businesses which operate within the Borough increases the potential for unsavory and irresponsible individuals and entities to improperly promote their purported services and to fraudulently misrepresent themselves and said services, thereby posing an increasing risk of significant economic loss to the residents of the Borough. The governing body also finds that a procedure should be established to promote economic growth in the Borough, while assuring that the new businesses, which seek to establish themselves within the Borough, are made aware of laws and regulations of the State of New Jersey, County of Middlesex and Borough of Sayreville. The purpose of this ordinance is to promote and protect the general health, safety and welfare of the residents of the Borough of Sayreville and to promote responsible economic growth within the Borough of Sayreville through licensing and regulation of businesses, trades, occupations, enterprises, or similar activities within the Borough.

(Ord. 1521-85, § 1; Ord. #425-95)

8-2.2 License Requirement. It shall be unlawful for any person to conduct, engage in or carry on any industry, business, trade, occupation or similar activity within the Borough without first complying with the provisions of this section and obtaining a license as is herein provided.

(Ord. #1521-85, § 2)

8-2.3 Content of Application. Applications for all licenses required by this section shall be made in writing to the Department of Code Enforcement. The applications to be filed by the applicant shall contain the following information in the format provided below:

a.

Name under which industry, business, trade, occupation or activity is to be conducted.

b.

Name of applicant. (If a corporation, provide the names and addresses of the officers, directors and stockholders; if a partnership, give the names and addresses of all partners).

c.

Present address of applicant.

d.

The address to be used by the applicant within the Borough where the business is to be conducted and the addresses of the business for the past five (5) years.

e.

The nature and type of business.

f.

Residence of applicant during past five (5) years, if an individual.

g.

Name and address of registered agent or attorney, if applicant is a corporation.

h.

Business telephone number of applicant and twenty-four (24) hour emergency telephone number at which applicant or applicant's representative may be reached in the event of an emergency.

i.

Name and address of applicant's attorney.

j.

Name and address of registered agent, if applicant is a corporation.

k.

A statement as to whether the use of the property as requested complies with the terms of Chapter XXVIII, Zoning, as to use and all bulk requirements.

l.

What if any items will be placed on the grounds of the premises such as trailers, temporary structures, lighting, fences, goods for sale, or similar items.

m.

A statement that all proposed structures, trailers, fences, lighting, storage and parking complies with all applicable ordinances of the Borough.

n.

A statement that the applicant make the statements above to induce the Borough to issue the license herein applied for and that the applicant agrees to comply with all laws and ordinances of the Borough applicable to the subject matter hereof.

(Ord. #1521-85, § 3)

(Ord. No. 191-12, 9-24-2012)

8-2.4 Application. Any individual, partnership, association, corporation or other form of business enterprise or entity seeking to establish or engage in any for-profit, economic activity within the Borough must first apply for a license pursuant to subsection 8-2.2 above. The filing of the application for such license from the Borough, shall constitute an affirmative representation by the applicant to the Borough that the applicant is engaged in the business, occupation, trade, enterprise, or other such for-profit, economic activity for which the application for the license is being submitted. For the purposes of this section, an "applicant" shall mean any individual, partnership, corporation or other form of business enterprise, which files an application for a license and/or for renewal of a license under this section.

(Ord. #1521-85, § 4; Ord. #425-95)

8-2.5 Preparation and Filing of Application Forms. Application forms for all licenses shall be obtained from and kept on file by the Department of Code Enforcement.

(Ord. #1521-85, § 5)

(Ord. No. 191-12, 9-24-2012)

8-2.6 Required Signature. The application form is to be submitted to the Department of Code Enforcement for processing. The application must be signed by such person, partner, officer, director trustee and/or agent as is authorized by the applicant to bind the applicant to the representations contained therein. Notwithstanding, anything set forth in this section, all individuals seeking to apply for a license hereunder must present a photo driver license, valid U.S. passport or expired passport not more than two (2) years old, or other form of photo ID acceptable to the Chief of Police. Each license issued by the Borough shall bear the signature of the Director of Code Enforcement, or in the absence of the Director, the Director's designee, unless otherwise provided for by this section or any amendment thereto.

(Ord. #1521-85, § 6; Ord. #425-95)

(Ord. No. 191-12, 9-24-2012)

8-2.7 Expiration Date, Renewal Deadline.

a.

Except where expressly provided otherwise, all licenses shall expire on December 31st of the year of issue at 12:00 midnight. Applications for renewal of licenses shall be made not later than December 1st of the year of issue.

b.

Whenever a license or permit expires on December 31st of a calendar year, the license shall be required to be renewed in the following calendar year. Except as otherwise provided, a license or permit which expires on December 31st of a calendar year, must be renewed prior to January 31st of the following calendar year. If the licensee or permittee does not renew the license or permit prior to January 31st of the calendar year, there will be a surcharge of not less than twenty-five ($25.00) dollars.

(Ord. No. 191-12, 9-24-2012)

8-2.8 Investigations and Inspections. Upon receipt of an application for a license, the Department of Code Enforcement shall refer such application to the proper officers for making an investigation or inspection, and the officer shall make a report within ten (10) days after receiving the application or a copy of same. Without limitation to any other officers or investigations that the application may be referred to, the following officers shall make the following investigations and reports:

a.

Fire Official shall make or cause to be made an inspection in regard to the fire requirements and fire regulations for the health and safety of the public.

b.

Zoning Officer shall make all appropriate zoning inspections regarding the use of the property as it applies to the Borough's Zoning Ordinances, site plan and bulk requirements of the property and shall certify as to the following in the report to the Borough Clerk.

1.

The zone where the business shall be conducted.

2.

Whether or not the business is a permitted use in the zone.

3.

Is a use variance required.

4.

If the business is a pre-existing use, does it predate the requirements of Chapter XXVI, Land Development and Zoning and, therefore, qualify as a legitimate non-conforming use.

5.

Does the applicant require site plan approval.

6.

Are any bulk variances required for applicant's use of the premises.

c.

Chief of Police shall make such investigation as is required under Chapter VIII, subsection 8-1.3, under the general provisions for licensing under the Revised General Ordinances of the Borough.

d.

Construction Official shall make such investigation and inspection as may be required under the General Ordinances of the Borough.

e.

Middlesex County Health Department shall make such investigation and inspection as may be required under the Revised General Ordinances of the Borough and State Law.

f.

The Borough Tax Collector or her designee shall investigate the applicant if he is the owner of the property wherein the business of activity is to be conducted, to determine whether the applicant is delinquent in property taxes, or assessments on the property.

(Ord. #1521-85, § 7; Ord. #732-01, § 2)

(Ord. No. 191-12, 9-24-2012)

8-2.9 Approval Standards. The Department of Code Enforcement shall approve all applications which have complied with the following standards:

a.

Chapter XXVI, Land Development and Zoning, of the Revised General Ordinances of the Borough of Sayreville;

b.

The New Jersey Uniform Construction and Fire Codes;

c.

The reports of all municipal officers required under this section and the General Laws and Public Health Statutes of the Statutes of the State of New Jersey as applicable to the Borough;

d.

The license history of the applicant indicating an absence of violations, rejections or suspensions and the timeliness of past applications for licenses and applicant's continued compliance with licensing requirements.

(Ord. #1521-85, § 8; Ord. #163-90, § 2; Ord. #732-01, § 3)

(Ord. No. 191-12, 9-24-2012)

8-2.10 Licensing Fees.

a.

In the absence of any provisions to the contrary, all fees and charges for licenses shall be paid in advance at the time the application is made to the Department of Code Enforcement. Except as otherwise provided, all license fees shall become a part of the General Borough Treasury.

(Ord. #1521-85, § 9)

(Ord. No. 191-12, 9-24-2012)

8-2.11 Termination of Licenses. All licensing shall terminate when the licensee ceases operating at the premises where the business was located at the time of the application for the license, subject however, to the provisions of Subsection 8-2.12 hereinafter set forth.

(Ord. 1521-85, § 10)

(Ord. No. 191-12, 9-24-2012)

8-2.12 Lawful Compliance Required. No license shall be issued for the conduct of any business, trade, occupation, enterprise or activity, nor shall any other form of permit be issued for any other thing or act, if the premises and building to be used for the purpose does not fully comply with the applicable laws of the Borough of Sayreville, County of Middlesex, and the State of New Jersey. No licenses issued in accordance with this section or amendment thereto shall be deemed to be an endorsement by the Borough of the business, trade, occupation, enterprise or activity for which the license has been issued.

(Ord. #1521-85, § 11; Ord. #425-95)

(Ord. No. 191-12, 9-24-2012)

8-2.13 Change of Location. The location of any licensed business or occupation or of any other permitted act may be changed upon application to the Department of Code Enforcement pursuant to Subsections 8-2.3 and 8-2.8. The application shall be considered to be a new application for the purpose of complying with the requirements of this section except that the licensee shall be charged a license relocation fee as set forth in Subsection 8-2.17 herein.

(Ord. #1521-85, § 12; Ord. #163-90, § 2)

(Ord. No. 191-12, 9-24-2012)

8-2.14 Nuisances.

a.

All businesses operating within the Borough, whether or not such business are licensed hereunder or required to be licensed hereunder, shall conduct and operate such business in a manner so as not to amount to a public or private nuisance.

b.

For the purposes of this section, a nuisance shall include, but not be limited to, the following:

1.

Making, causing or permitting noise to emanate from the business premises in violation of Borough ordinances and which are injurious to the lives, health, peace and comfort of the inhabitants of the Borough;

2.

Making, causing or permitting littering, urinating and defecating in and around the business premises, or otherwise interfering with the rights of surrounding property owners to peaceful and quiet enjoyment of their properties;

3.

Engaging in, causing or permitting fights and brawls, or otherwise engaging in or permitting any disorderly conduct in and around the business premises so as to disturb the public peace and quiet;

4.

Failing to take reasonable measures to insure the safety of patrons and the public, including by way of example only, failure to adequately monitor activities on the business premises and to report unlawful activities to the police;

5.

Conducting business in a manner contrary to law or otherwise contrary to the health, safety and welfare of the public.

c.

Any business deemed to be operating as a nuisance shall be subject to the penalty provisions contained in Section 8-2.21 hereof, which provides for one (1) or more of the following, upon conviction: a fine not exceeding one thousand two hundred fifty ($1,250.00) dollars, or imprisonment in the County Jail for a period not exceeding ninety (90) days, or a period of community service not exceeding ninety (90) days. In addition, any licensed business that is deemed to be operating as a nuisance shall be subject to the license revocation provisions contained in Section 8-2.15 hereof.

(Ord. #1521-85, § 13; Ord. #881-4, § 1)

(Ord. No. 191-12, 9-24-2012)

8-2.15 Right of Entry. Whenever inspections of the premises used for or in connection with the operation of a licensed business or occupation are provided for or required by ordinance, or are reasonably necessary to secure compliance with any ordinance provisions or to detect violations thereof, it shall be the duty of the licensee or the person in charge of the premises to be inspected to admit thereto, for the purposes of making the inspection, any officer or employee of the Borough who is authorized or directed to make such inspection, at any reasonable time that admission is requested.

(Ord. #1521-85, § 14)

(Ord. No. 191-12, 9-24-2012)

8-2.16 Revocation of License. The Mayor and Council shall have the right to revoke any license whenever the holder of the license or any of the licensee's officers, directors, partners, principals, supervisors, or managers, shall have been found to have violated any provision of this section or to have committed any criminal act or misdemeanor (disorderly persons offense pertinent to the nature of the business) or to have otherwise violated any law or regulation of the Borough of Sayreville, County of Middlesex, the State of New Jersey or the United States of America pertaining to matter of moral turpitude. Prior to the revocation of the license, the Chief of Police or his designee or the Director of Code Enforcement or his designee as provided herein, shall serve notice of the proposed revocation upon the licensee and/or the licensee's right to request a hearing on the matter before the Mayor and Council. The notice shall advise the licensee that a request for hearing before the Mayor and Council must be submitted in writing to the Department of Code Enforcement within thirty (30) days of the date of receipt of said notice. Failure to request a hearing within the stated time specified in the notice shall be deemed to be a waiver of the right to hearing and shall result in an automatic revocation of the license. If the licensee requests a hearing, the licensee may be represented by legal counsel; however, if the licensee is a corporation, the licensee shall be represented by an Attorney-at-Law of the State of New Jersey.

(Ord. #1521-85, § 15; Ord. #425-95)

(Ord. No. 191-12, 9-24-2012)

8-2.17 Posting of License. Licenses issued under this section shall be posted at the place of business shown on the license in a conspicuous place. The license shall remain posted for the duration of the licensing year when issued and so long as the licensed business is in operation.

(Ord. #1521-85, § 16)

(Ord. No. 191-12, 9-24-2012)

8-2.18 License Fees. The following fees shall be established for a Mercantile ("Business") License issued in the Borough:

a. Annual business license fee (new): $150.00

b. Annual business license fee (renew): $50.00

c. Relocation business license: $75.00

d. Annual business license (after 7/1): $25.00
surcharge

(Ord. #1521-85, § 17; Ord. 174-91, § 1; Ord. #523-97, § 1; Ord. 578-98, § 1A)

(Ord. No. 191-12, 9-24-2012)

8.2.19 Fee Designation. The fees herein imposed for business and mercantile licenses are revenue-producing in nature, but the fees are used primarily in an attempt to cover the cost of inspections of such businesses to ensure compliance with the laws of the State and the ordinances of the Borough. It is the legislative intent of this section to ensure that all businesses of whatsoever kind, and wheresoever located in this Borough shall be inspected periodically to ensure compliance with the laws as aforesaid. In certain instances, there are those businesses which warrant additional police surveillance and inspection and there are also those businesses which attract unusual amounts of vehicular traffic, necessitating additional regulation and enforcement. The fees herein set forth provide a reasonable relationship to the costs of the regulation of these businesses and the administration of this section.

(Ord. #1521-85, § 18)

(Ord. No. 191-12, 9-24-2012)

8-2.20 Exception. This section shall not apply to any business or occupation licensed under those various laws of this State which prohibit licensing by municipalities. This section shall not apply to any business or occupation in existence in the Borough at its present location prior to November 2, 1983. In the event an existing business changes its locations within the Borough subsequent to the adoption of this ordinance, the business shall apply under the provisions of Subsection 8-2.12.

(Ord. #1521-85, § 19)

(Ord. No. 191-12, 9-24-2012)

8-2.21 Enforcement. The proper enforcement of the provisions of this section dealing with mercantile licenses shall be within the concurrent jurisdiction of the Police Department and/or the Department of Code Enforcement of this Borough; however, nothing herein shall be deemed to limit the jurisdiction of any other department or officer charged with the responsibility of enforcing any other law and/or regulation of the Borough of Sayreville, County of Middlesex, State of New Jersey or United States of America. Except as otherwise provided herein, the Police Department and/or Department of Code Enforcement may issue violations and recommend penalties for said violations in Chapter 1, Section 1-5 of the Revised General Ordinances of the Borough of Sayreville. All actions for enforcement of alleged violations wherein revocation of the license is not sought as penalty for the violation shall be prosecuted before the Municipal Court of the Borough of Sayreville. All actions for enforcement of alleged violations wherein recommended penalties include both revocation of the license, as well as additional penalties pursuant to Chapter 1, Section 1-5 of the Revised General Ordinances of the Borough of Sayreville, shall be initially prosecuted before the Municipal Court of the Borough of Sayreville, and upon conclusion of the Municipal Court matter and any appeals therefrom, the sole issue of revocation of the license will be referred to the Mayor and Council. The Mayor and Council may adopt findings of fact or conclusions of law made by the Municipal Court and the Appellate Court, if any, without need for further evidentiary proceedings as to said findings or conclusions.

(Ord. #1521-85, § 20; Ord. #425-95)

(Ord. No. 191-12, 9-24-2012)

8-2.22 Penalties for Violations.

a.

Pursuant to N.J.S.A. 40:49-5, any person violating any subsection of this section shall, upon conviction in the Municipal Court having jurisdiction, be subject to a penalty as established in Chapter I, Section 1-5.

b.

The Municipal Court before which any person is convicted of violating this section shall have power to impose any fine or term of imprisonment, or suspension thereof, not exceeding the maximum fixed by this section.

(Ord. #1521-85, § 21)

(Ord. No. 191-12, 9-24-2012)