Borough of Metuchen, NJ Chapter 178 Theaters

[HISTORY: Adopted by the Mayor and Council of the Borough of Metuchen 9-26-1966 as Art. II of Ch. 26 of the 1966 Code. Amendments noted where applicable.]

§ 178-1 License required.

It shall be unlawful for any person, either as owner, lessee, manager or agent, to operate and maintain a motion picture theater or place of amusement in the borough unless a license shall have first been obtained from the Mayor and Council for that purpose for designated premises.

§ 178-2 Application for license.

A. Application for licenses required by § 178-1 shall be in writing, signed by the applicant and filed with the Borough Clerk. If the applicant is a corporation, the application shall be signed by the president and secretary thereof duly authorized to sign such application, with the corporate seal affixed thereto. All applications shall set forth the following:

(1) Full name and address of applicant, if an individual or, if a corporation, name, state of incorporation, location of principal office and name and address of registered agent in this state.

(2) Description and diagram of location of land involved.

(3) Description and diagram of structure or layout to constitute or be used or devoted to the amusement or means of recreation contemplated.

(4) Description of equipment to be employed and method of functioning of the same.

(5) Names and addresses of persons offered as references as to character and responsibility of applicant.

(6) Relationship of applicant to premises involved (as owner, tenant, etc.).

B. All statements set forth in the application shall be deemed representations by the applicant. The issuance and continuance in effect of any license shall be conditioned upon the truth of such representations and compliance by the applicant with the provisions of this chapter and other ordinances of the borough.

§ 178-3 Fee. [1]

The license fee for each motion picture theater shall be $35.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. 2).

§ 178-4 Term; expiration date; renewals.

All licenses granted under the provisions of this chapter shall be issued for the current year in which the application is made, shall expire on December 31 of such year and shall be renewed annually.

§ 178-5 Requirements.

No license shall be granted or issued under the provisions of this chapter unless the premises licensed shall be constructed and maintained in such manner as to comply with the rules and regulations of the Board of Fire Underwriters, the laws of the state and the provisions of this Code and other ordinances of the borough.

§ 178-6 Premises ineligible for licensing.

No license shall be granted or issued under the provisions of this chapter for any premises:

A. Which is occupied as a tenement house, hotel, lodging house or residence.

B. Where paints, varnishes, lacquers or other highly inflammable materials are manufactured, stored or kept for sale.

C. Where rosin, turpentine, hemp, cotton or any other explosives are stored or kept for sale.

D. Which is situated within 500 feet of the nearest wall of a building occupied as a school, hospital, church, garage, theater, motion-picture theater or other place of public amusement or assembly or which is within 100 feet of any lot upon which is located any gasoline supply or service station; provided, however, that this subsection shall not apply to any motion picture theater in existence prior to the adoption of this article; and provided, further, that renewal of licenses may be granted where the motion picture theater in question was in operation prior to the opening of such school, hospital, garage, theater, motion picture theater or other place of public amusement or assembly or of such gasoline supply or service station.

§ 178-7 Violations and penalties.

[Added 10-16-1978 by Ord. No. 78-26]

Any person violating any of the provisions of this chapter shall be punished in accordance with the provisions of Chapter 1, General Provisions, Article 1.