[HISTORY: Adopted by the Municipal Council
of the City of Clifton 12-20-1960 by Ord. No. 3319 as Article 3 of
Chapter 6 of the Revised Ordinances of the City of Clifton, New Jersey,
1960; amended in its entirety 3-19-1968 by Ord. No. 3828. Subsequent
amendments noted where applicable.]
A.
No person shall pursue the business or occupation of keeping any
hall, billiard room, poolroom or bowling alley until he shall have
first obtained a license therefor as hereinafter provided.
[Amended 6-8-2016 by Ord.
No. 7299-16]
B.
Any person desiring a license under this chapter shall
file with the City Clerk an original and four copies of an application,
under oath, in writing, on a form furnished by the City Clerk.
C.
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, 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 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.]; if the applicant is another
entity, the full names, residence addresses, dates and places of birth
of each person owning or having any 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, major officers
or stockholders thereof 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.
D.
HALL
POOLROOM or BILLIARD ROOM
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
[Amended 12-7-1982 by Ord. No. 4765-82; 6-8-2016 by Ord. No. 7299-16]
Includes an assembly room used for the purpose of meeting
or entertainments.
Includes any place of public assemblage in which the game
or games commonly known as "pool" or "billiards" or other games of
a similar nature are permitted to be played for a fee or to which
an admission fee is charged; provided, however, that such terms shall
not mean or include any religious, charitable, benevolent, fraternal
or nonprofit associations, corporations or organizations which provide,
as part of their facilities, tables for the plying of the game or
games known as "pool" or "billiards" or other games of a similar nature
for the recreation and amusement of its members; and provided further
that such terms shall not mean and include commercial establishments
which provide, as part of their facilities, two or less tables for
the playing of the game or games known as "pool" or "billiards" or
other games of a similar nature as an incidental activity for the
entertainment and amusement of their patrons, if no fee is charged
for the use of such tables and no admission fee is charged to the
premises wherein such tables are located.
A.
Upon receipt of such application, the City Clerk shall
submit the same to the Police Department, Fire Public Safety Department,
Building Department and Health Department for reports with reference
to the compliance or noncompliance of the licensed premises with municipal
and state rules, regulations, statutes and ordinances; the truth of
the matter contained in the application; a copy of any police record
which the applicant, any partner, officer or stockholder thereof may
have; such other facts as may apply to the applicant's character and
business responsibility; and such facts concerning the application
as may relate to the good government, order and protection of persons
and property and the preservation of the public health, safety and
welfare of the City of Clifton and its inhabitants.
[Amended 4-6-1971 by Ord. No. 4037-71]
B.
Upon receipt of such application and reports, the
City Clerk shall submit the same to the Municipal Council for its
consent and approval to the issuance of the license for which application
is made.
C.
The Municipal Council shall consent to and approve
the issuance of such license unless it reasonably finds that the applicant's
character and business responsibility are not satisfactory; that a
violation of municipal or state rules, regulations, statutes and ordinances
exist; that untrue matters are contained in the application for such
license; that the issuance of such 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 public health, safety and welfare of the City of Clifton and
its inhabitants. The Municipal 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 for a crime involving moral turpitude.
(2)
Prior violations of statutes, ordinances or regulations
relevant to the keeping of any hall, dance hall, billiard room or
bowling alley.
(3)
Conviction for a crime or disorderly persons offense
involving gambling.
(4)
Concrete evidence of bad character.
(5)
Grounds similar to those listed above which would
reasonably cause the Municipal Council to determine that the character
and business responsibility of the applicant or any partner, officer
or stockholder thereof are not satisfactory.
D.
Upon the consent and approval of the Municipal Council
to the issuance of such license, the City Clerk shall issue the same.
[1]
Editor’s Note: Former § 163-3, Applicant for dance
hall license to notify property owners, was repealed 6-8-2016 by Ord.
No. 7299-16.
[Amended 1-4-1983 by Ord. No. 4777-83; 4-7-1987 by Ord. No. 5146-87; 7-20-1987 by Ord. No. 5183-87]
A.
The annual fees for licenses or renewals of licenses
issued under this chapter due and payable shall be as follows:
[Amended 5-20-1991 by Ord. No. 5495-91; 6-8-2016 by Ord. No.
7299-16]
(1)
Billiard room: $60 per non-coin-operated table per annum; and $60
per coin-operated table per annum.
[Amended 4-18-2023 by Ord. No. 7813-23]
(2)
Poolroom; $50 per non-coin-operated table per annum; and $50 per
coin-operated table per annum.
(3)
Hall: $25 per annum.
(4)
Bowling alley: $20 per alley, per annum.
B.
Duly organized churches having not more than two bowling
alleys are exempted from the payment of any license fee.
[Amended 10-5-1976 by Ord. No. 4361-76]
A.
All licenses issued under this chapter shall be posted
and displayed in a conspicuous place in and upon the premises licensed.
C.
No playing of cards shall be permitted in any premises
licensed under this chapter as a poolroom or billiard room even if
such cardplaying is for social purposes.
D.
All premises licensed under this chapter as a poolroom
or billiard room shall be on the street floor of any building and
shall be so arranged and so lighted that a full view of the interior
may be had from the public thoroughfare or from adjacent rooms to
which the public is admitted at all hours.
E.
All premises licensed under this chapter as a poolroom
or billiard room shall be kept clean and well lighted so that the
rear of the premises is plainly visible from the front of the premises.
G.
The holder of a license issued under this chapter
for a poolroom or billiard room and his agents, servants and employees,
upon the demand of the Police Department or other law enforcement
agencies, shall hold open the licensed premises for inspection and
supervision by said Police Department or other law enforcement agencies
at all times when said licensed premises are occupied by anyone.
Any license issued under this chapter may be revoked by the Council. If the Council shall determine that there is reasonable grounds to revoke any license, such grounds being the same grounds upon which the Council may refuse to consent to and approve the issuance of such license as set forth in § 163-2 above, it shall cause a notice to be served, in writing, upon the licensee, or other person in charge of the licensed place, citing him to appear before the 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 licensee shall be afforded a hearing before the Council, prior to the final revocation of his license.
[Amended 5-9-1969 by Ord. No. 3912; 3-17-1970 by Ord. No. 3969; 6-8-2016 by Ord. No. 7299-16]
A.
Any person, partnership, firm or corporation violating any of the
provisions of this chapter shall, upon conviction, be punished by
one or more of the following:
B.
The minimum penalty or fine for the violation of any of the provisions
of this chapter shall be $100.
C.
Each violation of any of the provisions of this chapter and each
day the same is violated shall be deemed and taken to be a separate
and distinct offense.
D.
In addition to the foregoing fines or penalties, any person, partnership,
firm or corporation violating any of the provisions of this chapter
within one year of the date of a previous violation of the provisions
of this chapter shall be subject to be sentenced to an additional
fine as a repeat offender. The additional fine shall not be less than
the minimum nor exceed the maximum fine as set forth above and shall
be calculated separate from the fine imposed for a violation of the
provisions of this chapter.
