N.J. Admin. Code § 13:2-7.7

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:2-7.7 - Hearing not required; reasons

(a) If there is no written objection and the issuing authority determines to approve the application, no hearing is required; but this in no way relieves the issuing authority from the duty of making a thorough investigation on its own initiative. This investigation should include fingerprinting and a criminal background check and financial disclosure documentation.

(b) No application shall be approved unless the issuing authority affirmatively finds and certifies that:

1. The submitted application form is complete in all respects;

2. The applicant is qualified to be licensed according to all standards established by Title 33 of the New Jersey statutes, the regulations promulgated thereunder as well as the pertinent local ordinances and conditions imposed consistent with Title 33;

3. The applicant has disclosed and the issuing authority has reviewed the source of all funds used in the purchase of the license and the licensed business and all additional financing obtained in connection with the licensed business and;

4. The transferee has executed a valid consent to transfer the license.

(c) No application shall be disapproved without first affording the applicant an opportunity to be heard, and providing the applicant with at least five days notice thereof. The hearing need not be of the evidentiary or trial type and the burden of establishing that the application should be approved shall rest with the applicant. In every action adverse to any applicant or objector, the issuing authority shall state the reasons therefor.

(d) In the event no action is taken on an application for transfer of a municipally issued license within 60 days of the date of filing of the application, the applicant may file an appeal with the Director from such failure to act on the transfer application.

N.J. Admin. Code § 13:2-7.7

Amended by R.1979 d.138, effective 5/1/1979.
See: 11 N.J.R. 143(a), 11 N.J.R. 257(c).
Amended by R.1981 d.432, effective 11/2/1981.
See: 13 N.J.R. 604(b), 13 N.J.R. 777(e).
(a)3: "and" added after "licensed business"; (a)4 added.
Amended by R.1983 d.545, effective 11/21/1983.
See: 15 N.J.R. 1557(a), 15 N.J.R. 1945(b).
Deleted old (b)4.
Amended by R.1990 d.412, effective 8/20/1990.
See: 22 N.J.R. 1811(a), 22 N.J.R. 2508(c).
Recodified from 13:2-7.10. In (b), "certifies" was "reduces to resolution"; in (d), "municipally issued" license specified, and appeal from application denial changed to appeal from failure to act on transfer. Prior text at 13:2-7.7, "Publication of notice of application", incorporated into 13:2-7.4 as (c).
Amended by R.1995 d.450, effective 8/21/1995.
See: 27 N.J.R. 2051(a), 27 N.J.R. 3177(a).
In (a), inserted provision for fingerprinting and criminal background checks as part of investigation and added (b)4.