Township of Parsippany-Troy Hills, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Parsippany-Troy Hills by Ord. No. 94:8. Amendments noted where applicable.]
GENERAL REFERENCES
Adult entertainment — See Ch. 73.
Amusement machines — See Ch. 86.
Games of chance on Sunday — See Ch. 185.
Licensing — See Ch. 234.
Miniature golf courses and driving ranges — See Ch. 244.

§ 145-1 License required.

It shall be unlawful for any public dance hall, public assembly hall, nightclub, cabaret, theater, movie house, social club, restaurant and/or any person, partnership or corporation occupying any building, buildings or parts of buildings to furnish in or on those premises occupied by the aforesaid establishments entertainment of any kind or nature, whether or not an admission charge, cover fee or minimum is charged, without first obtaining a license therefor from the Township Council. The license shall be required whether the entertainment is to be performed on a one-time, sporadic or regular basis. It is the obligation of the person, partnership, corporation or entity operating the establishment to obtain this entertainment license.

§ 145-2 Application for license.

[Amended by Ord. No. 94:38]
A. 
Any person desiring a license under this chapter shall file with the Township Clerk an original application under oath, in writing, on a form furnished by the Township Clerk.
B. 
The application shall set forth the following information:
(1) 
The applicant's name, business name and business address.
(2) 
Whether the applicant is an individual, a partnership, a corporation or another entity and, if another entity, a full explanation and description thereof.
(3) 
If the applicant is an individual, the applicant's residence address and date and place of birth.
(4) 
If the applicant is a partnership, the full names, residence addresses, dates and places of birth of each partner.
(5) 
If the applicant is a corporation or other entity:
(a) 
In the case of a corporation, the full names, residence addresses, dates and places of birth of each major officer and each stockholder, the name and address of the registered agent and the address of the registered agent and the address of the principal office. The term "stockholder," as used herein, means and includes any person owning or having an interest, either legal or equitable, in 10% or more of the stock issued and outstanding of the applicant corporation.
(b) 
In the case of another entity, the full names, residence addresses, dates and places of birth of each person owning or having an interest, either legal or equitable, aggregating in value 10% or more of the total capital of said entity, the name and address of the registered agent, if any, and the address of the principal office.
(6) 
Whether the applicant or any partners, officers or stockholders listed pursuant to Subsection B(3),(4) or (5) have ever been arrested or convicted of a crime and, if so, the name of the person arrested or convicted, the date of arrest, the crime or charge involved and the disposition thereof.
(7) 
The number of plenary retail consumption licenses held by the applicant, if any.
(8) 
A specific description of the nature and type of entertainment to be provided on the licensed premises.
C. 
Upon receipt of such application, the Township Clerk shall submit the same to the Police Department, the Zoning Officer and the Health Department for reports with reference to the compliance or noncompliance with municipal and state rules, regulations, statutes and ordinances and the truth of the matters contained in the application.
D. 
Upon receipt of such application and reports, the Township Clerk shall submit the same to the Township Council for its consent and approval.
E. 
The Township Council shall consent to and approve the issuance of such permit, unless it reasonably finds that applicant's character and business responsibility are not satisfactory; that a violation of municipal or state rules, regulations, statutes and ordinances exists; that untrue matters are contained in the application for the license; that the issuance of the license will tend to create a nuisance; or that the issuance of such license will adversely affect the good government, order and protection of persons and property and the preservation of the health, safety and welfare of the Township of Parsippany-Troy Hills and its inhabitants.
F. 
The Township Council shall determine that the applicant's character and business responsibility are satisfactory, unless the application, the reports of the various departments or other evidence presented shall tangibly disclose any of the following:
(1) 
Conviction of a crime involving moral turpitude or offenses of public indecency.
(2) 
Prior violations of statutes ordinances or regulations relevant to the furnishing of entertainment.
(3) 
Prior violations of ABC regulations, N.J.A.C. 13:2-23.5, 13:2-23.6, 13:2-23.7 or 13:2-23.14, if applicant holds a plenary license.
(4) 
Conviction for a crime of disorderly persons offense involving gambling.
(5) 
Concrete evidence of bad character.
(6) 
Grounds similar to those listed above which would reasonably cause the Township Council to determine that the character and business responsibility of the applicant or any partner, officer or stockholder thereof is not satisfactory.
G. 
Upon the consenting approval of the Township Council of the issuance of a license, the Township Clerk shall issue the same; subject, however, to such appropriate conditions and safeguards, if any, consistent with the intent and purpose of and reasonably necessary to accomplish the objectives of this chapter and the statutory authority for the same as may be imposed by the governing body.

§ 145-3 Exemptions.

Any function of the Township, the Board of Education or any agency or organization thereof or any charitable organization hosting an event is exempt from the licensing requirement herein imposed.

§ 145-4 Revocation of permit; notice; hearing.

Any permit issued under this chapter may be revoked by the Township Council if the Township Council shall determine that there are reasonable grounds upon which to revoke any such permit, such grounds being the same grounds upon which the Township Council may refuse to consent to and approve the issuance of such license as set forth in § 145-2 above. It shall cause a notice to be served, in writing, upon the licensee or other person in charge of the premises for which such license has been issued, citing the licensee to appear before the Township Council at the time and place designated in the notice to show cause why such license should not be revoked. Notice may be served upon the licensee by personal service or by registered or certified mail addressed to the licensee's last known address. The hearing shall be not less than 10 days from the date of service of the notice. The licensee shall be afforded a hearing before the Township Council prior to the final revocation of the license.

§ 145-5 License fee; duration of license.

A. 
The fee for the entertainment license shall be $1,000 per year or any part thereof. The fee shall accompany the application for the license.
[Amended 5-24-2016 by Ord. No. 2016:09]
B. 
All licenses shall be valid for one year, commencing on January 1 of each year.[1]
[1]
Editor’s Note: Former § 145-6, Violations and penalties, which immediately followed this subsection, was repealed 12-20-2005 by Ord. No. 2005:31. See now § 1-17, Violations and penalties.