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ORDINANCE OF THE TOWNSHIP OF HADDON, COUNTY OF CAMDEN

AND STATE OF NEW JERSEY REPEALING AND REPLACING CHAPTER 154 OF THE CODE OF THE TOWNSHIP OF HADDON ENTITLED

“MERCANTILE LICENSES"

WHEREAS, the Township of Haddon (“Township”) is a municipal entity organized and existing under the laws of the State of New Jersey and located in Camden County; and

WHEREAS, pursuant to N.J.S.A. 40:48-2, the Governing Body is authorized to enact and amend ordinances as deemed necessary for the preservation of the public health, safety and welfare and as may be necessary to carry into effect the powers and duties conferred and imposed upon the Township by law; and

WHEREAS, Chapter 154 of the Code of the Township of Haddon, entitled "Mercantile Licenses," regulates and governs the registration and licensing of businesses operating within the Township of Haddon; and

WHEREAS, the Mayor and Board of Commissioners have determined it to be in the best interest of the public health, safety and welfare to repeal and replace Chapter 154 to provide for consistent and clear standards for the licensing and/or registration of businesses operating within the Township and to ensure each such business complies with all applicable provisions of the Code of the Township of Haddon;

NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Commissioners of the Township of Haddon, County of Camden, and State of New Jersey, as follows:

SECTION 1: Chapter 154 of the Code of the Township of Haddon, entitled "Mercantile Licenses," is hereby repealed in its entirety and replaced with the following new chapter:

CHAPTER 154 LICENSING AND REGISTRATION OF BUSINESSES

ARTICLE I. GENERAL PROVISIONS

§154-1 Purpose.

The purpose of this Chapter is to require all businesses that operate within the Township of Haddon to apply for and obtain a license to conduct such business, or to register with the Township as the case may be, in order to provide the Township with the opportunity to confirm that every business operating within the Township complies with all applicable regulatory and zoning requirements of the Code of the Township of Haddon and further to ensure that the Township of Haddon is provided with current and accurate contact information for each such business so as to foster and promote the coordination of safe and efficient emergency management procedures and responses with respect to the operation of all businesses within the Township of Haddon as a means to ensure the public's health, safety and welfare.

§154-2 Definitions.

For the purpose of this Chapter, the following terms shall have the following meanings:

BUSINESS

The carrying on or exercising within the Township of any trade, business, vocation, occupation, profession, enterprise and/or establishment for the purpose of making sales of products or services to any persons, or any manufacturing, commercial or financial activity, service or business, including but not limited to every kind of vocation, occupation, commercial enterprise and establishment and all other kinds of commercial activities, together with all devices, machinery, vehicles and appurtenances used therein, which activities are conducted on, within or from any property situated within the Township.

BUSINESS REGISTRATION STATEMENT

The document required to be filed with the Township Clerk by businesses that are required to register with the Township pursuant to Article III of this Chapter.

CHIEF OF POLICE

The Chief of the Haddon Township Police Department, or his or her designee.

GOVERNING BODY

The Mayor and Commissioners of the Township of Haddon.

LICENSE

The document issued to a licensee evidencing compliance with the licensing requirements of this Chapter.

LICENSEE

The holder of a business license issued by the Township pursuant to this Chapter.

MORAL CHARACTER AND TURPITUDE

As used herein, the term "moral character and turpitude" shall mean or refer to behavior involving fraud, larceny and/or the intent to harm persons or things.

PERSON

Any individual and/or business, including but not limited to individuals, partnerships, limited liability companies and/or corporations and any owner, shareholder, officer, director, employee and/or agent thereof.

PLACE OF BUSINESS or PROPERTY

Each place, location and/or property at, from or upon which a licensee or registrant operates and/or conducts business, including all improvements, structures or buildings thereon and all equipment and appurtenances connected to or used in connection therewith.

REGISTRANT

A business or person who files a Registration Statement pursuant to this Chapter.

SEASONAL BUSINESS

A business which is open and operates on a temporary and/or periodic basis, including but not limited to any business that operates during only a portion or fraction of any 12-month period, whether or not such operation recurs year to year. For purposes of this Chapter, a garage sale or yard sale shall not be deemed to be a seasonal business.

TOWNSHIP

The Township of Haddon.

TOWNSHIP CLERK

The municipal clerk of the Township of Haddon, or his or her designee.

§154-3 Scope

This Chapter shall apply to all businesses operating within the Township except as follows:

A. this Chapter shall not apply to any business which is specifically licensed under any other provision of the Code of the Township of Haddon, it being the intent of the Township that such other provision of the Code shall be deemed to apply to the type of business identified therein and that any business not specifically regulated by another chapter of the Code shall be regulated by this Chapter; and

B. The licensing provisions of this Chapter shall not apply to any business or occupation which is otherwise licensed by any department, division or agency of the State of New Jersey; provided, however, that such business or occupation shall be required to register in accordance with Article III of this Chapter.

§154-4 Calculation of Time

For purposes of this Chapter, the time within which any action is required to be taken shall be calculated using business days only and neither weekends nor legal holidays shall be counted.

§154-5 Compliance with Code Required

Except as expressly stated herein, nothing in this Chapter shall be construed as a waiver of any other provision of the Code of the Township of Haddon and all licensees and/or registrants shall be required to satisfy such provisions of the Code as are or may be applicable to the business and/or business operations of such licensee or registrant, including but not limited to zoning requirements, sign permits, payment of property taxes and/or property maintenance requirements.

ARTICLE II. LICENSE REQUIRED; LICENSE APPLICATION AND PROCEDURES

§154-6 License Required; Posting; Licenses Non-Transferable

A. Except as otherwise provided in this Chapter, no person shall engage in or carry on any business within the Township of Haddon without first obtaining a business license from the Township Clerk which shall be issued by the Township Clerk in accordance with the requirements of this Chapter.

B. A license issued pursuant to this Chapter shall authorize the licensee to conduct only the business for which the license is issued and shall authorize such business to be conducted only at, on, within and/or from the property specified in the license application and identified in the license.

C. A license issued pursuant to this Chapter shall be prominently displayed at all times in a conspicuous place on the property where the licensed business is authorized to be conducted as same is identified on the face of the license.

D. It shall be unlawful for any person to post a license on a property other than the property for which the license was issued. It shall be unlawful for any person to knowingly deface or destroy a license issued and posted in accordance with this Chapter.

E. No license issued pursuant to this Chapter may be assigned or transferred in any manner for any reason. A new license shall be required upon any change in ownership of a licensed business or any change in the place of business and/or property where a licensed business is conducted.

F. Any license issued prior to the effective date of the current version of this Chapter shall remain valid until the original date of expiration thereof. Thereafter, all such licensees shall be required to comply with the renewal provisions of this Chapter.

§154-7 License Application Requirements

All persons applying for a license pursuant to this Chapter shall complete and submit to the Township Clerk, or his or her designee, a Business License Application and Zoning Permit Application (pursuant to Section 142-68 of this Code) on the required forms which forms shall be maintained on file with the Township Clerk and the Zoning Office. The Business License Application shall require the applicant to furnish the following information:

A. The name and current address, telephone number, cellular telephone number, email address, website, if any, social security number and driver's license number of the applicant and/or the person completing the application on behalf of the applicant, as well as any previous or alternate business names used by the applicant in the five year period preceding the date of the application.

B. The name and address of all shareholders, members, partners, directors, officers and registered agent(s) of the applicant. If any such shareholder, member or partner is itself a business entity of any kind, the applicant also shall provide the name and address of all shareholders, members, partners, directors and registered agents of same.

C. All details pertaining to the nature and extent of the business proposed to be conducted, including but not limited to the type of business to be conducted and the anticipated nature of the proposed business activities, the proposed hours of operation of the business, and identification, by block, lot and street address, of the specific property upon which the business is proposed to be conducted.

D. Proof of authorization to conduct business within the State of New Jersey as evidenced by a copy of a valid business registration certificate issued by the Division of Revenue of the State of New Jersey's Department of Treasury.

E. A certification from the Haddon Township Tax Collector that all taxes have been paid and are current for the property from, at or upon which the proposed business is to be operated and/or conducted.

F. Such additional information as reasonably may be required by any employee or personnel of the Township of Haddon who is charged with reviewing an application for a license pursuant to this Chapter in order to enable him or her to fulfill his or her duties hereunder.

G. The application fee required by Section 111-18 of the Code of the Township of Haddon.

§154-8 Referral of applications for review and reporting

A. Upon receipt of a Business License Application and Zoning Permit Application, the Township Clerk, or his or her designee, shall first provide the Zoning Permit Application to the Zoning Officer who shall review the application pursuant to the standards set forth in Chapter 142 of the Code of the Township of Haddon and shall either:

(1) return the business license application to the Township Clerk with a Zoning Permit issued in the applicant's name in accordance with the procedures set forth in Article VIII of Chapter 142; or

(2) issue a denial of a Zoning Permit in accordance with the procedures set forth in Article VIII of Chapter 142 and return a copy of same to the Township Clerk, in which event the Township Clerk shall administratively deny the Business License Application for failure to satisfy the zoning requirements of the Code of the Township of Haddon.

B. Upon receipt of a Zoning Permit issued by the Zoning Officer in accordance with this Section, the Township Clerk, or his or her designee, shall then simultaneously provide copies thereof to the Fire Marshal, Construction Code Official, Chief of Police and BID Coordinator for further review and/or investigation in order to determine: (i) compliance with the requirements of the Code of the Township of Haddon pertaining to the occupancy, construction, maintenance and fire safety status of the property and/or buildings on, at or from which the proposed business is to operate, (ii) the business activities to be conducted thereon, (iii) the business and moral character and turpitude of the applicant, and (iv) if applicable, compliance with the requirements of the BID ordinance, rules and regulations.

C. The Fire Marshal, Construction Code Official, Chief of Police and BID Coordinator each shall respond to such referral within ten (10) days of his or her receipt thereof by providing a written recommendation as follows:

1. The Fire Marshal shall conduct an investigation of the property from or upon which the applicant proposes to conduct business in order to determine compliance with all applicable requirements of Chapter 122 of the Code of the Township of Haddon and/or the current version of the Uniform Fire Code then in effect. The Fire Marshal shall mark on the Business License Application his or her findings and/or recommendations as a result of such investigation.

2. The Construction Code Official shall conduct an inspection of the property from or upon which the applicant proposes to conduct business in order to determine compliance with all applicable requirements of Chapter 95 of the Code of the Township of Haddon and/or the current version of the Uniform Construction Code then in effect. The Construction Code Official shall mark on the Business License Application his or her findings and/or recommendations as a result of such investigation.