[HISTORY: Adopted by the Municipal Council of the City of Clifton 7-3-1973 by Ord. No. 4167-73 (Article 6 of Chapter 6 of the Revised Ordinances of the City of Clifton, New Jersey, 1960). Amendments noted where applicable.]
Entertainment — See Ch. 215.
As used in this chapter, the following terms shall have the meanings indicated:
- Includes any place, building or part of a building devoted to public amusement wherein dramatic, operatic or vaudeville performances, motion-picture exhibitions or other like forms of amusement are provided for public entertainment and for which an admission fee is charged.
No person shall conduct or operate a theater without first having obtained a license therefor as hereinafter provided.
[Amended 1-4-1983 by Ord. No. 4773-1983; 6-5-1991 by Ord. No. 5500-91; 1-2-2008 by Ord. No. 6711-08]
The fee for the issuance of a license to conduct or operate a theater shall be $100 per year. However, if such theater is used for motion-picture exhibitions, the fee for the issuance of a license shall be $250 per screen, per year. The term of said license shall expire on December 31 of the year in which it was issued.
Any person desiring a license under this chapter shall file with the City Clerk an original and one copy of an application, under oath, in writing, on a form furnished by the City Clerk.
The application shall set forth the following information:
The applicant's name, business name and business address.
Whether the applicant is an individual, a partnership, a corporation or another entity and, if another entity, a full explanation and description thereof.
If the applicant is an individual, the applicant's residence address and date and place of birth.
If the applicant is a partnership, the full names, residence addresses, dates and places of birth of each partner.
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.
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.
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 7-2-1985 by Ord. No. 4988-85]
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.
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:
Conviction for a crime involving moral turpitude.
Prior violations of statutes, ordinances or regulations relevant to the keeping of any hall, dance hall, billiard room or bowling alley.
Conviction for a crime or disorderly persons offense involving gambling.
Concrete evidence of bad character.
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.
Upon the consent and approval of the Municipal Council to the issuance of such license, the City Clerk shall issue the same.