[HISTORY: Adopted by the Township Committee of the Township of Manalapan 10-27-1993
by Ord. No. 93-30 as Ch. 98, Art. I, of the 1993 Code. Amendments
noted where applicable.]
A.
No person, group of persons, partnership, association
or corporation, or any combination thereof, shall maintain, conduct, promote
or operate on any lands or premises within the Township of Manalapan, other
than in established theaters, auditoriums or other places licensed or permitted
for public occupancy as limited by law any use thereof for the purposes of
entertaining the general public if a fee or admission is charged or voluntary
contributions solicited, except pursuant to a special permit issued therefor
by the Township of Manalapan as hereinafter provided.
B.
No owner, lessee, licensee or other person, partnership,
association or corporation having any right to or interest in any real property
within the jurisdiction of the Township of Manalapan shall license, rent,
lease or otherwise permit the use of such real property or any part thereof
for the use of entertaining the general public if a fee or admission is charged
or voluntary contributions solicited other than in established theaters, auditoriums
or other places licensed for public occupancy as limited by law, except pursuant
to a special permit issued therefor by the Township Committee as hereinafter
provided.
C.
No person, group of persons, partnership, association
or corporation, or any combination thereof, shall conduct or promote, by advertising
or otherwise, a gathering for public entertainment which will have eight hours
of entertainment within a forty-eight-hour period, or any part thereof.
A.
The Township Committee may issue a special permit herein
upon written application made by such person, partnership, association or
corporation, or combination thereof, who proposes to maintain, conduct, promote
or operate such public entertainment, together with the owner, lessor or licensor
who proposes to rent, lease, license or otherwise permit such public entertainment
all hereinafter designated as "applicant."
B.
The applicant shall file a verified application with
the Township of Manalapan at least 15 days before the first day of advertising
and at least 60 days before the first day of the public entertainment.
C.
The applicant shall file a verified application with
the Mass Gathering Review Board pursuant to the provisions of N.J.S.A. 5:11-1
et seq., the Mass Gathering Act, and N.J.A.C. 8:10-11, regulations promulgated
by the New Jersey Department of Health at least 15 days before the first day
of advertising and at least 60 days before the first day of the public entertainment.
D.
The application shall be signed by all persons having
a financial interest in the event and the property owners on whose property
the proposed event is to take place.
E.
The permit application shall include the following information:
(1)
The applicant's full name, residence, telephone
number and post office address, and whether such applicant is an individual,
partnership, firm, corporation or a governmental unit or agency of the state
or local government. All applicants shall submit a financial statement with
their application.
(2)
A diagramatic sketch plan of the proposed site of the
public entertainment showing the locations and dimensions of the proposed
service roads, potable water facilities, sanitary facilities, sewage disposal
facilities, medical service facilities, distribution of security personnel
and provisions for food storage, as well as camping facilities and projected
plans for enclosure, if necessary, of the proposed site.
(3)
The water supply and distribution system shall conform
with the requirements outlined in Section 4, Chapter XI, Campgrounds, of the
New Jersey State Sanitary Code.
(4)
Copies of the diagramatic sketch plan shall be made available
to the holders of tickets to this event. This sketch plan shall be made available
at ticket sale offices and at the site (entrance) of the event and shall be
distributed to the people entering same.
(5)
A statement of the purposes of the gathering and a program
of events scheduled.
(6)
Written permission from the owner of the property on
which the gathering is to take place. If the premises are not owned by the
applicant, then the names of the lessor or licensor and a copy of the lease
or license shall be attached.
(7)
A statement of the number of persons expected to attend
such event and the duration of such attendance.
(8)
The specific details, including certified copies of contracts
entered into or provisions relating to:
(a)
Food and drink.
(b)
Sanitary facilities.
(c)
Transportation and parking facilities.
(d)
Security and protection of surrounding area, including
specific reference to the number of guards or special police assisting in
the control of traffic and supervision of those attending. The contract should
indicate the number of security guards in shifts to cover the event from a
period of three days prior to the event until the area is cleaned and evacuated
after the event.
(e)
On-site medical facilities and hospital care.
(f)
Janitorial services and post-gathering trash removal;
a contract indicating the number of janitorial and cleanup personnel in shifts
to cover the area prior to the event, during the event and until the area
is evacuated.
(g)
Outline of the action to be taken to ensure the cleanup
and restoration of the area at which such event takes place within 48 hours
after the close of the event.
(9)
A statement containing the names of licensed ticket printers
to be used and the plans for assuring the return of moneys upon the termination
or cancellation of the events as well as the means of notifying potential
and existing ticket holders of such cancellation.
(10)
Examples of proposed advertising of the event, if any.
(11)
Bond.
(a)
A certified copy of the bond or verified evidence of
other suitable financial arrangements, as hereinafter required, must be attached
to the application to include:
(b)
Said bond or other suitable financial arrangements shall
be in accordance with the following formula:
|
Number of
|
Admission
|
$2.00 per
|
Minimum Amount
| ||||
|
Tickets
|
X
|
Fee for
|
+
|
Printed
|
=
|
of Bond or Other
| |
|
Printed
|
Each Ticket
|
Ticket
|
Security
|
(12)
A policy covering liability, personal property and bodily
damage.
F.
Designated representatives of the Township Committee
shall be permitted to inspect at any time the site of the event for the purpose
of investigating the application and for the purpose of insuring compliance
with the provisions of this chapter.
G.
Each application shall have attached thereto the written recommendations of the following with respect to the adequacy of the provisions proposed under the items set forth in Subsection E above:
(1)
The New Jersey State Police having jurisdiction of Manalapan
Township.
(2)
The Monmouth County Sheriff's Department.
(3)
The Township Police Chief.
(4)
The Township Fire Chief.
(5)
The Township Board of Health.
(6)
The Township Sanitation Officer.
(7)
The Township Engineer.
(8)
The Township Committee.
(9)
The Code Enforcement Officer.
(10)
The Mass Gathering Review Board.
H.
The Township Committee, after public hearing thereon held within 30 days after submission of such application, held pursuant to the publication of a notice of hearing published at least once in the official newspaper of the Township at least 10 days prior to such hearing, after considering the application and after causing due investigation and report to it and after considering the facts and circumstances in the premises and after giving due regard to the recommendations of those officials mentioned in Subsection G above, may issue a special permit upon such terms and conditions as it deems necessary and proper to ensure the public health, safety and welfare. If the Township Committee rejects the application, it shall set forth, in writing, the reason for the rejection.
I.
The applicant, prior to the event, shall post a bond suitable to the Township Committee as to amount and surety, pursuant to Subsection E(11) above.
J.
A fee of $100 shall accompany each application.
This chapter shall not be applicable where:
A.
There are to be less than 5,000 people attending such
event and where such attendance does not exceed a period of more than eight
consecutive hours.
B.
Where the public entertainment consists primarily of
athletic events or athletic competitions.
C.
The event may be reasonably classified as a family picnic,
outing or the like sponsored by a charitable or nonprofit corporation or organization.
Any person, group of persons, partnership, association or corporation,
individually or collectively, who shall violate or aid in, take part in or
assist in the violation of this chapter shall be subject, upon conviction,
to a fine of not more than $500 or imprisonment of a period not to exceed
90 days, or both. Each and every day that such violation occurs or continues
to exist shall be considered a separate and specific violation.
Nothing contained herein shall be deemed or construed so as to prevent
the enforcement of any other remedy at law, concurrent or otherwise, available
to the Township of Manalapan or other law enforcement authority to avoid or
prevent any violation of this chapter, such as, but not limited to, an injunction
or restraining order.
This chapter is in addition to any law, ordinance or regulation affecting
the subject matter herein and is not in limitation thereof.
