[HISTORY: Adopted by the Mayor and Council
of the Borough of Wanaque 9-8-1971 as Ord. No. 13-0-71. Amendments
noted where applicable.]
[1]
Editor's Note: Exclusive regulation of mass gatherings of 3,000 or more persons for 18 or more hours has been preempted by the State of New Jersey and assigned to the State Mass Gathering Review Board. See R.S. 5:11-1 to 5:11-14 (Ch. 205, L. of 1971). But note that § 51-7 of this chapter prohibits public gatherings of more than 1,000 person within the Borough of Wanaque.
A.
No person, persons, partnership, corporation, entity
or party shall permit, operate, advertise, promote, work at, be employed
by or in any way assist at any outdoor show, concert, festival, dance,
performance, exhibition or other gathering for purposes of amusement
which is conducted out of doors on any property in the Borough of
Wanaque without having a license from the Borough of Wanaque in accordance
with the provisions of this chapter.
B.
No person, persons, partnership, corporation, entity or party shall permit any type of gathering referred to in Subsection A above on any lands or premises owned, leased, occupied or controlled by him, her, them or it without having a license from the Borough of Wanaque in accordance with the provisions of this chapter.
A.
An application for a license shall be signed by the
person, persons or parties responsible and filed, in triplicate, with
the Clerk of the borough, accompanied by the fee payable hereunder.
B.
The applicant shall set forth in the application for
license the following information:
(1)
The names and addresses of the person or persons,
or in the case of a corporation, the names and addresses of the President,
Vice-President, Secretary, Treasurer and Directors or Trustees, responsible
for conducting the outdoor shows, concerts, festivals, dances, theatrical
performances, exhibitions or any public gatherings for the purpose
of amusement sought to be licensed.
(2)
The type of performance desired to be conducted and
a statement of the purposes of the exhibition or performance, whether
for pecuniary profit or charitable purposes, and if charitable, a
statement of the charity or charities to be benefited.
(3)
A description of the lands and premises to be licensed
which shall include a reference to block and lot on the Wanaque Borough
Tax Map. In the event a portion of a tax lot is to be licensed, a
sketch must be presented showing exactly what part of said lot is
to be licensed.
(4)
A statement as to whether the applicant owns the property
to be licensed. In the event that the applicant is not the owner,
the consent of the owner must be annexed to the application, together
with a copy of the lease or other agreement relating to possession
of the property by anyone other than the owner of same.
(5)
A map or sketch, drawn to scale with scale shown,
showing the entire area sought to be licensed, and showing thereon
that portion thereof to be used for the parking of automobiles, and
showing all driveways and other means of access to and from said premises.
(6)
The application shall set forth the names of all property
owners within 500 feet of the boundaries of the property to be licensed.
All of said owners shall be notified of said application by certified
mail within 10 days of the filing of the application. It shall be
sufficient to send said notices to the addresses shown on the current
tax duplicate of the municipality for the properties above mentioned.
An affidavit must be filed with the Borough Clerk showing compliance
with this paragraph.
(7)
A statement of the type of exhibition, show or performance
to be licensed, which will include the hours of the performance and
on what days it will be in operation. A program or listing of the
performers shall be furnished, together with a time schedule showing
activity during various parts of the day or night.
(8)
An application fee of $100 shall be paid at the time
of filing the application, which will be used toward the expenses
of reviewing the application and conducting investigations relating
to it.
A.
Upon the filing of an application pursuit to the provisions
of this chapter, the Borough Clerk shall immediately file copies of
the application with the following:
(1)
The Board of Health of the borough.
(2)
The Chief of Police (and in the event there is no
Chief of Police, with the Sergeant in Charge of the nearest New Jersey
State Police Station).
(3)
The Traffic Safety Coordinator for Passaic County.
(4)
The County Road Supervisor of Passaic County.
(5)
The Administrators of Chilton Memorial Hospital, Pompton
Plains; St. Joseph's Hospital, Paterson; and General Hospital, Wayne.
(6)
The Mayor and each member of the Council.
(7)
Passaic County Department of Planning, Conservation
and Economic Development.
(8)
Passaic County Sheriff.
(9)
Passaic County Prosecutor.
(10)
Passaic County Department of Health.
(11)
Borough Fire Department.
(12)
County Coordinator of Civil Defense.
B.
The Borough Clerk shall request a report from all of the parties and organizations mentioned in Subsection A relating to the proposed application.
C.
Copies of all reports shall be forwarded to the Mayor
and Council within 30 days of the filing of the application.
If the Mayor and Council deems from the report
that a hearing on the application should be held before issuing or
denying a license, then within five days after the thirty-day period
of investigation, the Mayor and Council shall set a time and place
for a hearing on the application, which shall be held within 15 days
thereafter. At the hearing, the applicant and the borough may offer
such evidence as may be desired covering the subject matter. Within
seven days after the closing of the hearing, the Mayor and Council
shall render a determination on the application, and if the determination
is favorable, a license shall be issued, but if the determination
shall be a denial of the application, then a copy of said determination,
with the reasons for denying the application, shall be served upon
the applicant at the mailing address of the applicant designated in
the application.
A.
The license authorized to be issued shall be issued
by the Mayor and Council but executed by the Mayor and Borough Clerk.
B.
The license shall set forth and describe, with particularity,
the place where the show, exhibition, performance or public gathering
or other event sought to be licensed hereunder shall take place and
the period of time during which it may continue.
C.
The license herein authorized shall not be issued
to take effect until all fees have been paid to the borough as provided
herein.
D.
Any license authorized to be issued hereunder shall
be issued subject to all of the provisions of this chapter.
A.
The fee to be paid upon issuance of a license shall
be $100 for each 100 persons, or any portion thereof, anticipated
to be involved in the event sought to be licensed, including therein
all personnel, all spectators or members of the audience, and a minimum
fee of $100 shall be paid. All license fees shall be in addition to
the fees required to accompany the application.
No outdoor show, concert, festival, dance, theatrical
performance, exhibition or public gathering shall be permitted or
licensed if the event sought to be licensed anticipates a gathering
of more than 1,000 persons.
A.
No person or party licensed hereunder shall allow,
suffer or permit any exhibition, performance or gathering of persons
for any unlawful purpose or to be conducted in any unlawful, disorderly,
obscene or lewd manner.
B.
No outdoor show, concert, festival, dance, theatrical
performance, exhibition or public gathering for purposes of amusement
shall allow any performer to perform or be displayed in the nude.
C.
No outdoor show, concert, festival, dance, theatrical
performance, exhibition or public gathering for purposes of amusement
shall be allowed which shall depict sexually suggestive acts or subjects
offensive to public morals and decency.
D.
No outdoor show, concert, festival, dance, theatrical
performance, exhibition or public gathering for purposes of amusement
shall allow the use of any moving picture or other media which is
obscene, lewd, indecent or offensive to public morals and decency.
E.
Any licensee hereunder shall not permit any employees
or agents of the applicant or any spectators or any persons on the
licensed premises during the period of time licensed to completely
undress or go about in the nude or become undressed or go about in
a lewd, obscene or indecent manner.
F.
The licensee shall allow the Police Department of
the borough, or any other persons duly authorized by the borough,
to inspect the licensed premises, or any part thereof, and the performances,
exhibition and shows for public gatherings at any time, either prior
to or during the period of time licensed, to inspect the premises
and observe the persons upon the premises or to detect violations
of this chapter or of any other law of the federal government or the
State of New Jersey or of the borough.
G.
The licensee shall take all proper means to assist
in the orderly conduct and presentation of his event and to maintain
a flow of traffic and use of the premises without congestion of traffic.
For such purposes, the licensee shall employ or obtain sufficient
personnel to carry out said objectives.
H.
The licensee shall maintain at his own expense one
or more persons or agents responsible for the proper conduct of the
event licensed, who shall remain upon the premises licensed at all
times during the period in which the license shall be in effect. The
name, address and description of the person, persons or agents responsible
shall be furnished to the borough before the beginning of the licensed
period, and in the event that any change is made in a person or persons
or agents responsible herein designated, notice of such change with
the names and addresses and descriptions of the persons to be substituted
shall be furnished to the Borough Clerk upon at least 24 hours' notice.
A.
In the event that any of the provisions of this chapter
are violated, the Mayor and Council may terminate or suspend any license
issued pursuant to this chapter.
B.
Written notice of the alleged violations shall be
given to the applicant, to any employee of the applicant on the licensed
premises or by posting the notice on the premises in a conspicuous
place. The written notice shall include the time and place of the
hearing, which shall not be less than 24 hours after the notice.
C.
At the hearing, the Mayor and Council shall hear all
evidence offered in connection with the proposed suspension or revocation.
The Mayor and Council, if it finds against the licensee, may revoke
the license or may suspend it upon which conditions or stipulations
as may be directed. In the event of revocation of the license, no
further outdoor show, concert, festival, dance, theatrical performance,
exhibition or public gathering for purpose of amusement shall be held
under the license granted for same. All persons remaining upon the
licensed premises shall leave the licensed premises after being notified
of the license revocation.
D.
In the event that it appears that the number of persons
gathered upon or gathered for entry upon the licensed premises for
any such outdoor show, concert, festival, dance, theatrical performance,
exhibition or public gathering for purposes of amusement licensed
hereunder shall exceed 1,000 persons, notice shall be promptly given
to the licensee by the Mayor and Council to withhold proceeding with
the event. The licensee may request an immediate hearing before the
Mayor and Council and said hearing shall be held as promptly as possible.
E.
In the event of a revocation or suspension of any
license, no license fee or application fee shall be refunded.
Whenever notice is required to be given to the
applicant or licensee hereunder, such service of notice may be made
by registered or certified mail directed to the person and address
listed in the application or otherwise personally upon the applicant
or any of the agents of the applicant upon the licensed premises.
A.
Any person who violates any provision of this chapter
shall, upon conviction thereof, be punished by a fine not exceeding
$500 or by imprisonment by a term not exceeding 90 days, or both.
A separate offense shall be deemed committed for each separate act
involved or on each day involved during a continuation of any such
act in violation of any of the provisions of this chapter.
B.
The penalty or penalties provided herein shall be
in addition to, and not in lieu of, the suspension or revocation of
any license issued hereunder.
