Exciting enhancements are coming soon to eCode360! Learn more 🡪
Borough of Totowa, NJ
Passaic County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Code
New Laws (0) Index Notes (1)
Public Documents
Misc. Documents (8)
[HISTORY: Adopted by the Mayor and Council of the Borough of Totowa as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-22-1964 by Ord. No. 850; amended in its entirety 8-19-1980 by Ord. No. 12-80 (Ch. 126, Art. II, of the 1974 Code)]
As used or referred to in this article, unless a different meaning clearly appears from the context, the following terms shall have the meanings indicated:
PERSON
Any person, firm, corporation or association of persons, their agents, servants or employees.
THEATER
Includes any place, building or part of a building devoted to public amusement, wherein motion-picture exhibitions or other like forms of amusement are provided for public entertainment.
UNIFORM SECURITY GUARD
Includes any police officer, marshal and or any watchman, guard or private patrolmen employed by any person, firm or corporation licensed pursuant to N.J.S.A. 45:19A-1 et seq.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
It shall be unlawful for any person to conduct a theater without having first obtained a license to do so, issued by the Mayor and Council of the Borough of Totowa.
A. 
No license shall be issued under this article unless the applicant files with the Borough Clerk a written application, in triplicate, setting forth the following:
(1) 
Name and address of the applicant and, if a corporation, of its registered agent.
(2) 
Location at which the business is to be conducted, along with the total number of theaters included therein.
(3) 
Number of seats available for public use.
(4) 
Plans and specifications of the building if it is not an existing structure.
(5) 
If the premises is an existing structure, proof of issuance of a certificate of occupancy for such use.
B. 
Such application shall be signed and sworn to by each individual applicant and, if the applicant is a corporation, by all principal officers, before an officer authorized by the laws of New Jersey to administer an oath.
The Borough Clerk shall transmit one copy of such application to the Chief of Police of the Borough, who shall cause an investigation to be made of the applicant and report thereon to the Municipal Clerk. No license shall be issued to any applicant who shall have been convicted of a crime.
The applicant shall also present with his application a certificate of approval of the Chief of the Fire Department of the Borough showing that the building complies with all laws of the State of New Jersey and all local ordinances pertaining to fire or safety.
A. 
The annual license fee shall be $600 per theater.
B. 
Licenses shall be issued for a period of one year commencing July 1 and expiring June 30 of the following year.
C. 
The fee for licenses issued only for the period between January 1 and June 30, or any portion thereof, shall be 1/2 the full annual license fee.
D. 
No license issued pursuant to this article shall be transferred by the holder thereof without the approval of the Borough of Totowa.
Each license issued pursuant to this article shall be subject to the following terms and conditions:
A. 
The premises shall be kept in a sanitary condition and maintained in an orderly manner.
B. 
Adequate fire protection and safety provisions and equipment shall be maintained in accordance with the laws of the State of New Jersey and the ordinances of the Borough of Totowa.
C. 
The police authorities, Chief of the Fire Department and his representatives, Construction Code Officer and Health Officer of the Borough of Totowa, or their designees, may enter the licensed premises at any time for the purpose of inspection and to enforce obedience to the laws of the state and the ordinances of the Borough of Totowa.
D. 
Between the hours of 6:00 p.m. and until the premises is closed to the public, the licensee shall provide at its own cost and expense uniform security guards on the premises and such additional uniform security guards as may be required to preserve safety therein.
E. 
In addition to the requirements for the presence of uniform security guards on the premises as set forth in Subsection D hereof, the licensee may from time to time be required to provide a uniform security guard on the premises between the time period when the premises is open to the public and 6:00 p.m., when it has been jointly determined by the Chief of Police and the Public Safety Committee of the Borough of Totowa that same is required to preserve safety therein.
A. 
The license granted under this article may be suspended or revoked by the Borough Council following a hearing and notice thereof to the licensee, for violation of the provisions of this article or where the operation of the licensed premises is otherwise detrimental to the preservation of the public health, safety, welfare, public peace and order of the inhabitants of the Borough.
B. 
The date for the hearing described in Subsection A of this section shall be fixed by the Borough Clerk upon the request of any member of the Council. The Borough Council shall cause a notice of said hearing to be served by the Borough Clerk or his designee upon the licensee at least five days prior to said hearing.
Nothing in this article shall prevent the exhibition of motion pictures within the Borough of Totowa for charitable, benevolent, religious or educational purposes without payment of any license fee.