Township of Union, NJ
Union County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Union 4-28-1970 by Ord. No. 2590 (Ch. 255 of the 1986 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Licensing of amusements and entertainment — See Ch. 164, Art. II.
Carnivals, circuses and traveling shows — See Ch. 216.
Fire prevention — See Ch. 285.

§ 499-1 Definitions.

A. 
Terms defined. As used or referred to in this chapter, the following terms shall have the meanings indicated:
PERSON
Includes any person, firm, corporation or association of persons, their agents, servants or employees.
THEATER
Includes any place, whether indoors or outdoors, devoted to public amusement wherein dramatic, operatic, vaudeville, motion-picture exhibitions or other like forms of amusement are provided for public entertainment.
B. 
Word usage. The singular shall include the plural and the plural the singular, or the male gender shall include the female, each as the case may be.

§ 499-2 License required.

It shall be unlawful for any person to conduct a theater without having first obtained a license therefor.

§ 499-3 Applications for licenses.

A. 
All applications for licenses shall be in writing and filed in triplicate with the Township Clerk to whom shall be paid the required fee.
B. 
Such application shall be signed and sworn to be each individual applicant and, if applicant is a corporation, by all principal officers, before an officer authorized by the laws of New Jersey to administer an oath.

§ 499-4 Investigation.

The Township Clerk shall transmit one copy of such application to the Chief of Police of the Township, who shall cause an investigation to be made of the applicant and report thereon to the Township Committee. No license shall be issued to any applicant who shall have been convicted of a crime.

§ 499-5 Certificate of approval.

The applicant shall also present with his application a certificate of approval of the Chief of the Fire Department of the Township, showing that the building complies with all laws of the State of New Jersey and all local ordinances pertaining to fire or safety.

§ 499-6 Issuance of license.

The license hereby required shall be issued by the Township Clerk upon the direction of the Township Committee.

§ 499-7 Annual license fee; transfers.

[Amended 11-25-1975 by Ord. No. 3046; 12-13-1988 by Ord. No. 3997; 12-14-1993 by Ord. No. 4282; 9-10-2002 by Ord. No. 4745]
The annual license fee for each such license for an indoor theater of not more than 400 seats shall be $950. For an indoor theater of more than 400 seats, the annual license fee shall be $1,250. Each such fee shall be payable on or before January 1 in each year. No license shall be issued until said fee has been paid. In the event that said license shall be revoked, no part of said license fee shall be returned to the licensee. Each such license shall expire on December 31 of each year, and such license may be renewed from year to year upon the filing of an application for renewal filed in the same manner as the application for an original license. No license issued pursuant to this chapter shall be transferred by the holder thereof without the approval of the Township Committee.

§ 499-8 Hours of operation permitted.

[Amended 7-12-1977 by Ord. No. 3219]
A. 
Licenses issued under the provisions of this chapter for an indoor theater shall not be deemed to permit the operation in or on the licensed premises between the hours of 2:00 a.m. and 10:00 a.m. or before 1:00 p.m. on Sundays.
B. 
Licenses issued under the provisions of this chapter for an open-air automobile drive-in theater shall not be deemed to permit the operation in or on the licensed premises between the hours of 1:00 a.m. and 10:00 a.m. or before 1:00 p.m. on Sundays.

§ 499-9 Exits, passageways; aisles; fire escapes.

The exits and exit doors of each theater shall open directly from the exhibition hall on to a street, alley or public parking area. All aisles shall lead directly to exits. No aisle or passageway shall be less than three feet in width, and all aisles and passageways in said theaters shall be kept free from obstructions, and no person other than an employee of the licensed premises, a policeman or fireman shall stand in or occupy any of said aisles or passageways during any performance, exhibition or any public assemblage. The booth enclosing the projection machine shall rest upon a balcony. The theaters shall be provided with fire escapes placed as and where directed by the Construction Code Official and Chief of the Fire Department; provided, however, that where the entire seating capacity of such theater shall be maintained on the ground floor of any building, no balcony or fire escape shall be required. In the instance of an outdoor theater, it shall not be necessary to install fire escapes, nor shall a balcony be required for the booth; provided, however, that it is required that the booth of such outdoor theater be enclosed, and no exits as herein set forth shall be required.

§ 499-10 Operating regulations.

A. 
All licensees shall operate theater premises according to local and state regulations, which may now or which may hereafter be promulgated, and every such theater shall have sufficient attendants to facilitate entrance and exit of persons and cars from and to the theater and parking area and adjoining public roads, and to keep order and prevent panic in case of emergency.
B. 
In the operation of said theater, the owner or operator shall provide and enforce such rules and regulations as are necessary to keep order, ensure against unnecessary noise and all forms of disorderly conduct and shall remove promptly from the premises persons who are disorderly. Blowing of car horns or other noise devices shall be prohibited.
C. 
Sufficient fire prevention equipment as determined by the Chief of the Fire Department shall be provided at all times during performances at the theater as is necessary to control and extinguish fires occurring upon the theater premises.
D. 
All driveways and all exterior lights must be approved by the Township Engineer.

§ 499-11 Smoking. [1]

No smoking shall be permitted in any enclosed theater during hours in which motion-pictures or theatrical productions are being shown or conducted.
[1]
Editor's Note: See also Ch. 450, Smoking; Tobacco Products.

§ 499-12 Inspections.

Any state or municipal officer, police officer or fireman may enter any theater at any time for the purpose of inspection to enforce obedience of the laws of the State of New Jersey and the ordinances of the Township of Union.

§ 499-13 Adequate lighting required.

Every portion of a theater, including exits and corridors, devoted to the public use or the accommodation of the public shall be adequately lighted.

§ 499-14 Violations and penalties.

[Amended 10-28-1986 by Ord. No. 3879; 12-13-1988 by Ord. No. 3998[1]]
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to one or more of the following: imprisonment in the county jail or in any other place provided by the municipality for the detention of prisoners for any term not exceeding 90 days or by a fine not exceeding $1,250 or by a period of community service not exceeding 90 days, to become effective on the effective date of this section.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).