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Terms Used In New Jersey Statutes 54:39-135

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
35. a. If the license applicant and bond are approved, the director shall issue a license for the applicant’s principal place of business and the applicant shall make copies for each other business location.

b. A license is valid until suspended, revoked for cause, cancelled or the license expires.

c. A license is not transferable to another person or to another place of business. For purposes of this section, a transfer of a majority interest in a business association, including corporations, partnerships, trusts, joint ventures and any other business association, shall be deemed to be a transfer of any license held by the business association to another person. Any change in ownership of a business association, other than a “publicly traded corporation,” as that term is defined by section 39 of P.L.1977, c.110 (C. 5:12-39), shall be reported to the director.

d. A license shall be preserved and conspicuously displayed at the principal place of business for which it is issued.

e. A person licensed under P.L.2010, c.22 (C. 54:39-101 et al.) shall display the person’s conveyance number on the back of any conveyance of fuel.

f. Upon the discontinuance, sale, transfer or change of ownership of the business, the license shall be immediately surrendered to the director. Any relocation of the business shall be immediately reported to the director.

g. If a person licensed to do business pursuant to P.L.2010, c.22 (C. 54:39-101 et al.) discontinues, sells, or transfers the business, the licensee shall immediately notify the director in writing of the discontinuance, sale, or transfer. The notice shall give the date of discontinuance, sale, or transfer and if the business is sold or transferred, the name and address of the purchaser or transferee. The licensee shall be liable for all taxes, interest, and penalties that accrue or may be owing and any criminal liability for misuse of the license that occurs prior to cancellation of the license.

h. The director shall publish without charge a list of updates of all licensees, by category.

i. A licensee shall maintain and keep for a minimum of four years records of all transactions by which fuel is received, used, sold, delivered, or otherwise disposed of, together with invoices, bills of lading, and other pertinent records and papers as may be required by the director for reasonable administration of P.L.2010, c.22 (C. 54:39-101 et al.).

L.2010, c.22, s.35; amended 2010, c.79, s.21.