[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.
As used in this chapter, the following terms
shall have the meanings indicated:
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.
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.
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.
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.
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.
The fee for a license issued under this chapter
shall be $400 for the period of one year or any part thereof.
[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 house of worship, hospital or other public building.
[Amended 9-3-2019 by Ord. No. 7536-19]
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.
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.
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.
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 house of worship, hospital or other public building.
[Amended 9-3-2019 by Ord. No. 7536-19]
E.
That such public roller- or ice-skating rink will
be a hazard to life and property.
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.
[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.
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.
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.
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.
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.
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.
A.
Any license issued pursuant to the provisions of this
chapter may be revoked by the Council for:
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.
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.
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.
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.
[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.
