[HISTORY: Adopted by the Borough Council of the Borough of Carteret 12-15-1970 as Sec. 7-15 of the 1970 Revised Ordinances, as amended through 3-5-1974. Section 114-14 added at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Licensing procedures — See Ch. 164.
As used in this chapter, the following terms shall have the meanings indicated:
DANCE HALL
Any place at which public dances are conducted by the same person at regular intervals.
PUBLIC DANCE
Any dance to which members of the general public are invited to attend and participate.
A. 
No person shall conduct a public dance or dance hall within the borough without having first obtained either a public dance license or a dance hall license, whichever is appropriate, in the manner provided in this chapter.
B. 
The fee for such license shall be fifty dollars ($50.).
A. 
This section shall not apply to premises where dancing takes place as an activity incidental to the service of food and drink to the patrons of the premises and at which no particular fee is charged for admission or the privilege of dancing.
B. 
Nonprofit groups or organizations.
(1) 
Churches, civic groups, charitable, fraternal and similar nonprofit public service organizations shall not be required to obtain a license or to pay any license fee, provided that they file with the Borough Clerk a written statement setting forth:
(a) 
The name and address of the organization.
(b) 
The location at which the dancing will be conducted and the number of people expected to attend.
(c) 
The day or days of the week and hours during which dancing will be conducted.
(2) 
Any group claiming exception under the provisions of this section shall, however, comply with all the regulations set forth in §§ 114-11, 114-12 and 114-13.
A. 
In addition to the information required by § 164-2, an applicant for a license under this chapter shall supply the following information:
(1) 
A complete physical description of the premises or dance hall at which the public dance will be conducted, which may be in the form of a plan or sketch. The description shall include but not be limited to the following information:
(a) 
The dimensions of the room in which the dancing will take place, its location in respect to the rest of the premises and the number and location of all entrances and exits to the outside of the premises.
(b) 
A general description of the nature and location of all other rooms which will be used in connection with the proposed public dance or dance hall.
(c) 
A description of the sanitary facilities that will be provided.
(d) 
A description of the emergency equipment and other precautions which exist on the premises for dealing with fire or other hazards.
(e) 
A statement as to whether off-street parking facilities will be provided for persons attending the public dance or dance hall and, if so, the nature and extent of those facilities.
(2) 
The date or, in the case of a dance hall, the days of the week and the hours during which dancing will be conducted and the number of persons expected to attend.
(3) 
The class of license desired.
B. 
The fee for the desired license shall be paid upon the filing of the application.
Where a license is sought for a dance hall, the applicant shall give notice to all persons owning property within two hundred (200) feet of the premises on which the proposed dance hall is to be located. The notice shall state the location of the proposed dance hall, the days of the week and the hours during which dances will be conducted and the number of persons expected to attend. The notice shall also advise the persons receiving it that if they desire to object to the granting of a license to the proposed dance hall, they must so notify the Borough Clerk, in writing, within ten (10) days after service of the notice upon them. Notice may be served either personally or by mailing a copy to the property owner's last known address. Where service is made by mail, the notice shall be considered as having been served three (3) days after it is deposited in the mail.
A. 
The Building Inspector, the Health Officer and the Chief of the Bureau of Fire Prevention shall constitute a committee to inspect the premises at which the public dance or dance hall will be conducted. The committee members shall determine whether or not the premises complies with all municipal ordinances within their respective areas of responsibility. In addition, they shall determine if the facilities on the premises are adequate for the health and safety of the persons expected to attend the dance or dance hall and the maximum number of persons who may safely be permitted on the premises during a dance.
B. 
The committee shall make its investigation and report the results, in writing, to the Borough Clerk within a reasonable time after the filing of the application. The report shall contain a recommendation that the application be either granted or denied and may recommend that the application be granted subject to specific conditions required to assure public health and safety. The report shall also state the maximum number of persons who may safely attend the dance.
A. 
A license for a public dance may be issued by the Mayor and Council upon receipt of the report from the investigating committee.
B. 
A dance hall license may be issued by the Mayor and Council upon receipt of the report of the investigating committee, provided that no objections have been filed within the time provided in § 114-5. If objections to the granting of the license have been filed, the Borough Clerk shall proceed in the manner directed in § 114-8.
In any case where objections are filed to the granting of an application for a dance hall license, the Borough Clerk shall so advise the Mayor and Council, who shall hold a hearing on the application within a reasonable time. The applicant and any person filing objections shall be notified of the time and place of the hearing. At the hearing, both the applicant and the objectors shall have the right to be represented by an attorney, to testify themselves or present witnesses in support of their positions, to cross-examine opposing witnesses and, at their own expense, to have a stenographic record made of the proceedings. If, after considering all the evidence, the Mayor and Council determine that the applicant has met all of the requirements of this chapter and that issuance of the license will not be detrimental to the public health and safety, they shall order the license to be issued; otherwise, the application shall be denied.
Applications to renew a license to conduct a dance hall shall be granted by the Mayor and Borough Council without the necessity of giving notice as required by § 114-5 and without a hearing as required by § 114-8, provided that the licensee files with the Clerk a sworn statement, in writing, reciting that there have been no changes in the conditions stated in the original application.
Each license shall state the name and address of the licensee, the address of the premises for which it is issued, the day or days of the week and the hours during which dancing may be conducted and the maximum number of persons that are permitted to attend the dance. A license to conduct a dance hall shall also state its expiration date. All licenses shall be prominently displayed at the premises at which the dancing is conducted.
Every person licensed under this chapter shall observe the following regulations:
A. 
The licensee shall have the duty to exercise due diligence to prevent unlawful or immoral acts as well as noisy or boisterous conduct or conduct which threatens to create a breach of the peace or to annoy the comfort or repose of any person.
B. 
No alcoholic beverages shall be served, sold, possessed or consumed at any dance, except at premises that are licensed to sell and serve alcoholic beverages, and in such case pursuant to the terms and conditions of the license.
C. 
Where the persons attending the dance are predominantly minors, the licensee shall have the responsibility of providing adequate adult supervision.
D. 
All dancing shall cease at 11:00 p.m., except that, on Friday nights, dancing may continue until 1:00 a.m. Saturday morning, and on Saturday nights, dancing may continue until 1:00 a.m. Sunday morning.
E. 
Any police officer of the borough shall have the right to inspect any premises on which a public dance is being conducted. In addition, any premises licensed as a dance hall shall be subject to reinspection by the Health Officer, the Building Inspector or the Chief of the Bureau of Fire Prevention to ascertain whether the premises still complies with applicable municipal ordinances.
At any public dance other than one (1) at which the number of persons expected to attend is less than one hundred (100), special police officers shall be stationed on the premises during the dance. The number of such officers shall be at least two (2) and at least one (1) additional for every two hundred (200) persons expected to attend the dance. The expense of stationing the officers on the premises shall be borne by the licensee.
The Mayor and Council may, by resolution, waive the application of any provision of this chapter to a particular licensee upon a showing that the literal application of the provision in question to a particular licensee will cause unnecessary hardship and that, in the particular case, the provision in question is not necessary to protect the public health and safety.
[Added 4-19-1990 by Ord. No. 90-16]
Any person who violates any provision of this chapter shall, upon conviction thereof, be subject to the penalties set forth in § 1-17 of this Code.