Can a Junkyard License in New Jersey Be Revoked?

Full Question:

I have a junkyard liscense and have maintain it. Is there any reason I can loose my license because I know longer have property to use my license on. I have been renewing my license each year and it up to date. Is the any way my license and be taken or revoked?
02/22/2010   |   Category: Licenses   |   State: New Jersey   |   #21100

Answer:

It is possible a junkyard license may be revoked by the City Council. Please see the following NJ statute:


27:5E-4. Establishment, operation and maintenance of junkyard

No person shall establish, operate, or maintain a junkyard, any
portion of which is within 1,000 feet of the nearest edge of the
right-of-way of any interstate or primary highway, except the
following:

(a) Those which are screened by natural objects, plantings,
fences, or other appropriate means so as not to be visible from
the main-traveled way of the interstate and primary systems, or
otherwise removed from sight;

(b) Those located within areas which are zoned for industrial
use under authority of law;

(c) Those located within unzoned industrial areas, which areas
shall be determined from actual land uses and defined by
regulations to be promulgated by the Commissioner of
Transportation after public hearing.

(d) Those which are not visible from the main-traveled way of
the system.

Please see the following Paterson, NJ ordinances to determine applicability:

[Amended 4-19-1983 by Ord. No. 83-032]A. The fee for each annual license shall be $1,000.

[Amended 12-2-2003 by Ord. No. 03-075]
B. The term of the license issued under this chapter shall be for one (1) year from the date of its issuance.

A. Upon the filing of the application accompanied by the prescribed license fee, the Council shall fix a reasonable time for a public hearing to be held before it on the application, and the Licensing Division shall notify the applicant of the same.
B. The applicant for the license shall, at least five (5) days prior to the time appointed for the public hearing on the application, give notice of such hearing, as provided in § 291-7, to all property owners within two hundred (200) feet of the property lines of the junkyard proposed to be licensed. At the hearing, the applicant and all interested persons shall have reasonable opportunity to be heard in person or by agent or by attorney.

Notice of a hearing requiring public notice pursuant to § 291-6B shall be given by:

A. (1) Serving a copy of said notice on the property owner as shown on the current tax duplicate, or his agent in charge of the property; or
(2) Mailing a copy thereof by certified mail to the property owner at his address as shown on the current tax list. Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within two hundred (200) feet of the property which is the subject of the license, may be made in the same manner as to a corporation without further notice to unit owners, co-owners or homeowners on account of such common elements or areas. The form of the notice shall include the name of the applicant, the location which is the subject of the license and the date and time of the hearing, if any, to be held before the City Council.
B. The applicant shall by affidavit present satisfactory proof to the Council, at least two (2) days prior to the hearing, that said notices have been duly served.

§ 291-8 Limitation on number of licenses; exceptions.

[Amended 10-13-1987 by Ord. No. 87-032]A. No junkyard license shall be granted after the effective date of this subsection unless and until the number of such licenses issued and outstanding shall be less than 10. When the number of junkyard licenses issued and outstanding shall be less than 10, additional licenses may be granted, but only in sufficient numbers so that the total number of junkyard licenses issued and outstanding will equal but not exceed 10.

[Amended 5-25-2004 by Ord. No. 04-040]
B. The provisions set forth in Subsection A of this section shall not apply to:

(1) The renewal of any junk shop license issued and outstanding as of April 3, 1950; or
(2) The transfer from person to person of any junkyard license issued and outstanding as of April 3, 1950, or the renewal of such transferred junkyard license.

A. No premises shall be licensed for a junkyard unless said premises conform to the provisions of the zoning ordinances of the city.

Editor's Note: See Ch. 483, Zoning and Land Development.
B. Except as otherwise provided in this section, no junkyard license shall be granted under this chapter to any person who has been convicted of the crime of receiving stolen goods, nor shall a license be issued to any corporation which includes as stockholder, director or officer a person who has been convicted of such crime.
C. If, at the time of the application, more than five (5) years have elapsed since the date of such a conviction and it appears, to the satisfaction of the Council, that the convicted person has conducted himself in a law-abiding manner during that period and his association with the junk business will not be contrary to the public interest, the Council may, in its discretion, remove such person's disqualification from holding a license and grant the license.

Each person to whom a junkyard license is issued shall commence operation of the licensed premises within sixty (60) days of the issuance of the license. Upon failure to comply with the provisions of this section, the license shall be subject to revocation or suspension unless good and sufficient reasons can be shown for such failure to comply. Before any action is taken by the Council, a notice shall be served upon the licensee at least five (5) days prior to the date set for a hearing, and the licensee shall be given an opportunity to be heard either in person or through an attorney.

Each space or place licensed as a junkyard shall, during the entire license term, be entirely enclosed by a suitable enclosure of not less than eight (8) feet in height which shall be constructed in such a manner that the interior of such yard and the contents thereof shall not be visible from public streets or highways facing said junkyard.

The premises licensed for a junkyard shall at all times be maintained in a safe manner with due regard for the public health and safety of persons and property in the vicinity in which the licensed premises are located.

No junkyard licensee shall keep or place or cause to be kept or placed any material on the sidewalk or street or any part thereof or on or above the aforementioned enclosure or between said enclosure and the sidewalk or between any building and the sidewalk.

Every junkyard licensee under this chapter shall provide and keep a book on the licensed premises in which shall be written at the time of each purchase a description of the articles purchased, the name and residence of the person from whom the purchase was made and the date of purchase. The book shall, at all reasonable times, be open to inspection by the Chief of Police or his representatives

The license issued under this chapter shall not be transferable from person to person except in accordance with the following procedure:

A. An applicant for a transfer to him of an existing license shall make application, in writing, addressed to the Council and filed with the City Clerk at least ten (10) days prior to the next meeting of the Council. The application shall be accompanied by the transfer fee of fifty dollars ($50.), which fee is imposed for revenue purposes. In the event that the transfer is not granted by the Council, said transfer fee shall be returned to the applicant.
B. The applicant for a transfer of license shall cause to be published once in a local newspaper, at least seven (7) days prior to the meeting of the Council, a notice of his intention to apply for the transfer. Such newspaper notice shall specify the name and address of the present licensee, the location of the licensed premises and the date and time of said meeting of the Council.
C. The applicant for the transfer of license shall prove to the satisfaction of the Council that he is of good moral character.

In addition to the penalty prescribed in § 291-18 hereof, any license issued under this chapter may be suspended or revoked by the Council, after hearing, upon due notice, where an individual licensee or a stockholder, director or officer of a corporate licensee or a corporate licensee:

A. Has, during the term of the license, been convicted of the crime of receiving stolen goods; or
B. Violates any provision of this chapter