§ 255-7. Limousine owner’s license., Chapter 255. Taxicabs and Limousines, Part II. General Legislation, Code of Ordinances, Netcong

License required. It shall be unlawful for any person to engage in the limousine business utilizing the Borough as a principal place of business without first having obtained a license therefor as hereinafter provided.

Application for license.

(1)

No limousine owner’s license shall be issued for any vehicle required to be licensed until the owner files an application for a limousine owner’s license setting forth the character of the vehicle proposed (including VIN number) to be licensed, the correct name of the owner and all majority shareholders thereof, the residence or address of the principal place of business of such owner, a statement as to whether the applicant has been convicted of a crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed and a complete schedule of the rates proposed to be charged and such other facts as the Borough Council may require. The application for license shall be made in duplicate to the Borough Clerk on forms provided by the municipality.

(2)

All applicants must execute the authorization by subject of request and privacy act notification area of Form SBI-212A or SBI-212B (request for criminal history record information for a noncriminal justice purpose) for a criminal history name search identification check pursuant to N.J.S.A. 53:1-20.5 et seq. In addition, the applicant must submit a cashier’s check, certified check or money order drawn on a United States bank in the amount of $15, payable to Division of State Police - SBI for the criminal history name search. If the applicant is a corporation, then this requirement shall apply to the officers in charge of the corporation. The fully executed form and the applicant’s check or money order must be submitted along with the application for a limousine owner’s license.

(3)

Where a limousine owner’s license has previously been issued, the approval of the Borough Council shall not be required as a condition for issuance of additional vehicle licenses.

Investigation of applicant. When the aforesaid application is properly filled out and signed by the applicant, the original and duplicate thereof shall be filed with the Borough Clerk; the Clerk shall refer the duplicate, the authorization by subject of request and privacy act notification and the criminal history name search fee to the Borough Administrator, or his designee, who shall make, or cause to be made, such investigation of the applicant’s business responsibility and moral character as he deems necessary for the protection of the public good. The duplicate shall be kept on file in the Police Department upon completion of the investigation. The investigation shall include a criminal history name search identification check pursuant to N.J.S.A. 53:1-20.5 et seq. The criminal history check shall be kept confidential. For the purposes of this check, the Netcong Borough Police Department is hereby authorized to have access to the criminal history record information file through the State Bureau of Investigation.

[Amended 9-10-2009 by Ord. No. 2009-14]

(1)

As a result of such investigation, the Borough Administrator, or his designee, shall note on the application his recommendation and his reasons therefor and return the application to the Borough Clerk. Such recommendation shall be returned to the Borough Clerk within 10 days of the Police Department’s receipt of the duplicate application.

(a)

Any recommendation by the Borough Administrator, or his designee, that a license should not be issued to the applicant shall be based on one or more of the following findings with respect to the applicant:

[1]

Conviction of a crime adverse to the operation of a taxicab or limousine. In determining whether a conviction relates adversely to the operation of a taxicab or limousine, the following factors shall be considered:

[a]

Nature of the taxicab or limousine business.

[b]

Nature and seriousness of the crime.

[c]

Circumstances under which the crime occurred.

[d]

Date of the crime.

[e]

Age of the person when the crime was committed.

[f]

Whether the crime was an isolated or repeated incident.

[g]

Social conditions which may have contributed to the crime.

[h]

Any evidence of rehabilitation.

[2]

Unethical business practices adverse to the operation of a taxicab or limousine.

[3]

Conclusive evidence that the applicant has within four months of the application been addicted to the habitual use of drugs or intoxicating liquors.

(b)

In the absence of such findings, the Borough Administrator, or his designee, shall recommend that the license be granted.

(2)

The Borough Clerk shall present the completed application to the Borough Council, who shall, at the next regularly scheduled public meeting after receipt of the recommendation of the Borough Administrator, or his designee, determine, based on the recommendation of the Police Department and application of the factors set forth in § 255-7C(1), whether the license shall issue.

Approval of application. The Borough Clerk shall not issue any limousine owner’s license until the application therefor is approved by the Borough Council and the applicant has demonstrated satisfactory compliance with the provisions of N.J.S.A. 48:16-13 to 48:16-22 and with all other conditions precedent to issuance of the license set forth in this chapter.

License fee. The annual fee for a limousine owner’s license shall be $50 for the first vehicle and $25 for each additional vehicle. Each such vehicle used as a limousine shall be licensed separately.

License term. All limousine owner’s licenses shall expire on December 31 following the date of issue and shall be renewed annually on or before January 1.

Posting of license. Each limousine owner’s license issued shall bear a number and shall state the name of the person to whom it is issued. It shall briefly describe the vehicle licensed and indicate the motor vehicle license number. It shall state the name of the company supplying insurance coverage, the policy number and the name, address and telephone number of the insurance agent. Each license shall be signed by the Borough Clerk and shall have the Borough Seal affixed thereto. The license shall be placed in a conspicuous location in the limousine.

Liability insurance. No limousine owner’s license shall be issued for any vehicle required to be licensed until there is submitted to the Borough Attorney and approved by him as to both form and sufficiency and filed with the Borough Clerk, at the time of application for a license, an insurance policy with the premium prepaid thereon issued by an insurance company duly licensed to transact business under the laws of the State of New Jersey in the sum of $250,000 against loss from liability imposed by law upon such owner for damages on account of bodily injury or death suffered by one person; and in the sum of $500,000 against loss from liability imposed by law upon such owner for damages on account of bodily injury or death suffered by more than one person as a result of an accident occurring by reason of the ownership, maintenance or use of the vehicle so licensed within the Borough; and the sum of $50,000 against loss from liability imposed by law upon such owner for property damage suffered by any person as a result of an accident occurring by reason of ownership, maintenance or use of the vehicle so licensed. The driver of each limousine shall be covered by the insurance requirements herein referred to. All limousine owners’ licenses shall be effective and operative only as long as such insurance policy or policies remain in force and effect.

Transfer of limousine owner’s license. Limousine owners’ licenses may be transferred from one vehicle to another belonging to the same owner only after an application in writing has been submitted and approval has been granted by the Borough Clerk and payment has been made to the Borough Clerk of a transfer fee of $15. All applications for transfers shall be made on forms to be furnished by the Borough and shall be accompanied by the transfer fee.

Inspection of vehicles. No limousine owner’s license shall be issued for any vehicle which is not currently registered and inspected in the State of New Jersey.

Additional rules and regulations. The Borough Council may, by resolution, make such rules and regulations in relation to the operation of limousines and the conduct of operators thereof as it may determine to be necessary and proper in the best interests of the Borough. A certified copy of any such resolution shall be forwarded to all licensees within 10 days following adoption.