City of Clifton, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Municipal Council of the City of Clifton 12-20-1960 by Ord. No. 3319 as Article 5 of Chapter 6 of the Revised Ordinances of the City of Clifton, New Jersey, 1960. Amendments noted where applicable.]
GENERAL REFERENCES
Licensed businesses — See Ch. 303.

§ 379-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
EMPLOYEE
Includes any person rendering a service for the licensee in and upon the licensed premises, whether for remuneration or not. The term shall not be deemed to include an individual licensee nor the stockholders, trustees and officers of a corporate licensee.
LICENSED PREMISES
Includes all buildings or structures used for and in connection with a public roller- or ice-skating rink, and any parking area and premises described in the application.
PUBLIC ROLLER- OR ICE-SKAKING RINK
Includes any hall, pavilion, room, place or space, enclosed or unenclosed, covered or uncovered, in which roller skating or ice skating, or both, is permitted and for which admission can be had by payment of a fee or by the purchase, possession or presentation of a ticket or token; or at which a charge is made for caring for clothing or other property; or any other public roller-skating or ice-skating rink to which the public generally may gain admission, with or without payment of a fee.

§ 379-2 Purpose.

The purpose of this chapter is to regulate in the interest of public morals, health and safety the business of public roller- and ice-skating rinks and to derive revenue by the imposition of license fees thereon.

§ 379-3 License required.

No person shall have, keep, own, maintain, use, conduct or operate any public roller- or ice-skating rink within the City without first obtaining a license therefor in accordance with the provisions of this chapter.

§ 379-4 License fee.

The fee for a license issued under this chapter shall be $400 for the period of one year or any part thereof.

§ 379-5 Application for license.

[Amended 11-14-66 by Ord. No. 3725]
A. 
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.
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, 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 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.]; in the case of 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, 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. The term "officers," as used herein, means and includes the president, vice presidents, secretary and treasurer of a corporate applicant.
(7) 
A description of the building and the lands sought to be used in connection therewith, together with a plot plan showing the proposed building thereon.
(8) 
The distance between the proposed licensed premises and any public school, church, hospital or other public building.

§ 379-6 Investigation of applicant.

A. 
Every application so received shall be submitted to the Chief of the Police Department, the Chief of the Fire Public Safety Department, the Building and Zoning Officer and the Health Officer, who shall cause to be investigated the applicant and the premises for which such license is sought. Each officer shall furnish the City Clerk with a report in writing containing his findings and conclusions.
[Amended 4-6-71 by Ord. No. 4037-71]
B. 
The investigations and reports of the respective officers shall take into consideration the following:
(1) 
Chief of Police: the morals and police record of the applicant and the public safety.
(2) 
Fire Chief: the fire hazards and adequacy of exits.
(3) 
Building and Zoning Officer: the safety of the structures to be used in the business, the zone in which located and the amount of parking provided.
(4) 
Health Officer: the provisions for and adequacy of sanitary conveniences and facilities.

§ 379-7 Application and reports to be presented to Council.

Every application and the reports referred to in § 379-6 shall be presented to the Council at the next regular meeting thereof after the filing of such application; provided, however, that at least 14 days shall intervene between such filing and the regular meeting of the Council.

§ 379-8 Notice of hearing to be given.

A. 
The applicant shall, at least five days prior to the time appointed for the hearing on his application, give notice to all property owners within 200 feet in all directions of the premises sought to be licensed. If the property owner to be notified is the occupant of the property affected or is a resident of the City, the notice shall be given either by handing a copy thereof to him, or by leaving a copy thereof at his usual place of abode. If the property owner is a nonresident of the City, such notice may be given by sending the same by certified mail to the last known address of the property owner or owners, as shown by the most recent City tax lists. Where the property owner is a corporation or a partnership, service upon any corporate officer or upon any partner shall be deemed service on the corporation or partnership, respectively.
B. 
The applicant shall, by affidavit, present satisfactory proof to the Council, at least three days before the hearing, that said notices have been duly served as provided in Subsection A of this section. Upon the hearing, any party may appear in person or by agent or attorney.
C. 
The provisions of Subsections A and B of this section shall not be applicable to any renewal of a license where such renewal license covers the same licensed premises and is issued to the holder of the expired or expiring license. Upon failure to renew any such license for a period of one year after the expiration date thereof, the owner shall be required to proceed in the manner provided in Subsections A and B of this section applicable to new applications.

§ 379-9 Granting of license; grounds for denial.

The Council may, in its discretion and subject to the provisions of this chapter, grant an application for such license, or may deny the same for any of the following reasons:
A. 
That such rink and its location do not conform to all ordinances of the City and all laws, rules and regulations of the State of New Jersey, or any board, body or commission thereof, which may be applicable to such public roller- or ice-skating rink or the premises on which it is situated.
B. 
That such skating rink will not be safe and sanitary.
C. 
That the applicant is not a proper and fit person to be licensed.
D. 
That the public roller- or ice-skating rink or any part of the lands connected with the same will be within 200 feet of any public school, church, hospital or other public building.
E. 
That such public roller- or ice-skating rink will be a hazard to life and property.

§ 379-10 Term of license; nontransferability; posting required.

A. 
Licenses shall be issued for a term of one year, commencing on January 1 and expiring on December 31 of the year in which it is issued, unless sooner revoked or surrendered.
B. 
The license shall not be transferable to any other location, nor assignable or transferable in any other manner or to any other person, except upon application to, and with the consent of, the Council.
C. 
The license shall authorize the licensee to conduct said business at the place specified in the license.
D. 
The license shall at all times be posted in a conspicuous place on the premises.

§ 379-11 Inspection of premises.

[Amended 4-6-71 by Ord. No. 4037-71]
Licensed premises shall be subject to inspection at all reasonable times by the members of the Police Department, the Fire Public Safety Department, the Building Inspector, the Health Department, or any other officer or representative of the City.

§ 379-12 Police protection.

The licensee shall provide, at his own expense, such police protection, inside and outside the skating rink and during the hours of the day and night, as the Chief of Police may direct as necessary and expedient for the protection of all persons going to, from and upon said premises.

§ 379-13 Inside of premises; lighting.

A. 
The inside of every public roller- or ice-skating rink shall, at all times, be kept open to full view from the public street and in a clean and sanitary condition.
B. 
While skating is being conducted therein, the entire skating rink, all rooms connected therewith and all stairways and passageways leading into such rink and any parking areas shall be kept well lighted.

§ 379-14 Certain persons and activities not to be permitted on premises.

No licensee shall permit in any public roller- or ice-skating rink and on the licensed premises:
A. 
The presence of any person 16 years of age or less after 8:00 p.m. of any day, unless accompanied by his parent or legal guardian.
B. 
The sale, dispensing or use of any alcoholic beverages or narcotics.
C. 
The presence of any person under the influence of intoxicating beverages or narcotics.
D. 
The presence of any person having in his possession or offering for sale, selling or giving away any alcoholic beverages or narcotics.
E. 
The presence of any persons of known ill repute or any loiterers.

§ 379-15 Noise.

No loud, unusual or offensive noises shall be permitted upon the licensed premises, nor shall any music be played unless such music shall be so controlled as not to constitute a nuisance.

§ 379-16 Hours of operation.

All public roller- and ice-skating rinks shall close each day at 11:00 p.m. and shall not open until 8:00 a.m. of the following morning, except that on Sundays they shall not open until 2:00 p.m.

§ 379-17 Revocation or suspension of license.

A. 
Any license issued pursuant to the provisions of this chapter may be revoked by the Council for:
(1) 
Any disorderly or immoral conduct permitted by the licensee upon the licensed premises.
(2) 
Violation of any of the provisions of this chapter or other applicable ordinances of the City.
(3) 
Violation of any state or federal law.
(4) 
Falsification in applying for a license.
B. 
No license shall be revoked unless the licensee shall be served with a copy of the written charges and be given the opportunity of being heard thereon, upon five days' notice of hearing.
C. 
Pending revocation proceedings, the City Manager shall have the power, without a hearing, to suspend the license for not more than two weeks.

§ 379-18 Employee's permit required.

No person shall be employed by or perform any service for the licensee unless he first obtains an employee's permit in accordance with and subject to §§ 379-19 to 379-21 hereof.

§ 379-19 Application for employee's permit.

Application for an employee's permit shall be made to the City Clerk upon a form to be furnished by the City Clerk. A permit fee of $3 shall accompany the application. The application shall contain the following information:
A. 
The name of the applicant and each permanent address of the applicant during the past five years.
B. 
The age, sex, date and place of birth of the applicant.
C. 
The names and addresses of every employer during the past five years.
D. 
Convictions, if any, of violating any state or federal laws and the ordinances of any municipality, giving as to each conviction the date, the name of the court, the violation charged in the complaint and the disposition thereof.
E. 
The name and address of the prospective employer.
F. 
The address at which the applicant is to be employed.
G. 
A description of the duties to be performed by the applicant in such prospective employment.

§ 379-20 Investigation of applicant.

An investigation of the applicant shall be conducted by the Chief of Police for the purpose of disclosing any convictions against the applicant. The Chief shall approve the application, and the City Clerk shall issue a permit containing the name and address of the permittee and a number corresponding with the permit number. If the report of the Chief of Police shows convictions against the applicant, such report and application shall be referred to the Council which may, in its discretion, grant or deny the permit because of the convictions of the applicant.

§ 379-21 Term of permit; nontransferability.

A. 
The employment permit shall be issued for a term of one year, commencing on January 1 and expiring on December 31 of the year in which it is issued, unless sooner revoked or surrendered.
B. 
The permit shall not be transferable in any manner whatsoever and shall be suspended or revoked for the reasons and in the manner set forth in § 379-17 of this chapter.
C. 
The permit shall entitle the holder thereof, subject to the provisions of this chapter, to be employed at the place and for the person designated in the application. At all times during working hours the badge issued by the City shall be conspicuously worn upon the person of the permittee.

§ 379-22 Violations and penalties.

[Amended 5-9-69 by Ord. No. 3912; 3-17-70 by Ord. No. 3969]
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 90 days, or both.