Montclair Municipal Code Art. III Application and Administration

Every person required to have a business license shall apply to the collector for a license. Upon receipt of a completed application and any fees required, the collector shall process the application and issue a business license. The amount or fees due shall be determined in accordance with a schedule established by resolution. The collector may submit the application to other City departments or governmental agencies to determine if the business and premises to be occupied meet the requirements of federal, state and local laws.

(Prior code § 3-1.301)

Each business license shall contain the name and title of the person to whom the license is issued; the name of the business; the complete address where such business is to be transacted and carried on or, in the case of a person engaging in business with-out a fixed location in the City, the complete address that serves as the primary business location for such person; the mailing address when it is different than the business address; the date of expiration of the business license; the type of business being conducted or carried on; the amount of the license fee paid by the licensee; and other information as may be necessary for the enforcement and administration of this chapter.

(Ord. 99-791 Exh. A (part); prior code § 3-1.302)

Any person applying for a first business license shall submit to the collector a completed license application and pay the appropriate fee set forth by resolution. When the amount of the license fee to be paid is based on gross receipts, gross payroll or average number of employees, the applicant shall furnish to the collector a sworn statement setting forth such information as may be required by the collector to determine the amount of the license fee to be paid by the applicant. The applicant shall estimate the gross receipts, gross payroll or average number of employees for the period to be covered by the license to be issued, and report such estimate to the collector. Such report, if accepted by the collector as reasonable, shall be used in determining the amount of the license fee due; provided, however, the amount of the license fee so determined shall be tentative only, and the licensee shall, within 30 days after the expiration of the period for which such license was issued, furnish to the collector a sworn statement showing the actual gross receipts, gross payroll or average number of employees during the period of such license. The license fee for such period shall be ascertained and paid at the rate specified by resolution less the amount paid at the time such license was issued.

(Ord. 99-791 Exh. A (part); prior code § 3-1.303)

Any person applying to renew a business license shall submit to the collector a completed application for renewal and pay the appropriate license fee as set forth by resolution. When the license fee is based on gross receipts, gross payroll or average number of employees, the license fee shall be computed on the basis of information supplied concerning the applicant's business during the preceding license period.

(Ord. 99-791 Exh. A (part); prior code § 3-1.304)

A. Annual. Except for businesses licensed prior to the adoption of the ordinance codified in this chapter, and unless otherwise specifically provided, all business license fees shall be due and payable annually on the first day of the month following the anniversary date on which a license was originally issued. For businesses licensed prior to the adoption of the ordinance codified in this chapter, license fees shall be due and payable on the first day of July of each year. A grace period of thirty days shall follow the due date of each annual license.

B. Establishing Alternative License Periods. If deemed necessary or convenient for administrative purposes, the collector may establish alternative license periods for individual businesses or to certain classes of businesses on a fiscal year, calendar year or other basis. In no instance shall a license period extend for a period in excess of one year.

(Ord. 99-791 Exh. A (part); prior code § 3-1.305)

No business license shall be issued or fees assessed for any period of time other than a full license period.

(Prior code § 3-1.306)

No business license fees or penalties collected shall be refundable in any manner; provided, that when a licensee establishes to the satisfaction of the collector that an amount was paid in excess of the correct amount due for a first license, a refund of the excess amount paid shall be made by the collector. Claims for refund shall be made by sworn statement with supporting testimony and must be filed with the collector within a period of 30 days from the day on which the first license expired. Claims for refund may be made only by a person named on the business license, a designated guardian, executor, administrator or heir. No refund for overpayment shall be made when the license was issued under a misrepresentation of fact by the applicant.

(Ord. 99-791 Exh. A (part); prior code § 3-1.307)

In no case shall any mistake of the collector in stating the amount or terms of a license, or the time for which the license is valid, prevent or prejudice the collection, by the City, of what shall be actually due from any person engaging in business in the City.

(Prior code § 3-1.308)

A. Duplicate License. Upon a licensee filing a statement indicating that a license has been lost or destroyed, and after paying a fee as established by resolution, a duplicate license shall be issued by the collector.

B. Modification to License. Where a license is issued authorizing a person to engage in a business under a particular business name or at a particular location, the licensee may, upon application, and paying a fee as established by resolution, have the license amended to reflect a new business name or some other location to which the business has or is to be moved.

(Prior code § 3-1.309)

No license issued pursuant to this chapter is transferable.

(Prior code § 3-1.310)

Whenever any payment, statement, report or other communication is received after a deadline prescribed by this chapter, but is received in a sealed envelope bearing a postmark dated on or before such deadline, the collector may regard such payment, statement, report or other communication as having been received in a timely manner.

(Prior code § 3-1.311)