[Adopted by Ord. No. 223 (§ 4-12 of the 1987 Code)]
No person having the management or control of
any theater shall produce any performance, show or exhibition therein
or permit any performance, show or exhibition to be given therein
without first obtaining a license as hereinafter provided.
[Amended 2-7-1989 by Ord. No. 1178]
As used in this article, the following terms
shall have the meaning indicated:
Includes any place devoted to public amusement wherein dramatic,
musical or dance, vaudeville or burlesque performances, motion picture
exhibitions or other like forms of amusements are provided for public
entertainment for which an admission fee is charged.
Any application for such license shall be made
in writing to the Borough Council and filed with the Borough Clerk
at least three days prior to any action thereon by the Council. The
application shall be signed by the applicant and shall contain the
name and post office address of the applicant, the location for which
the license is asked, a statement of the amusement intended to be
conducted therein during the period for which the license is asked
and shall contain a consent on the part of the applicant that such
license may be revoked if the theater be not conducted and operated
in a safe, orderly, decent and lawful manner or if it be not conducted
and operated in compliance with the Code of the Borough or if the
licensee, his agents, servants or sublessees shall violate any law
in the conducting of such theater or if the licensee shall conduct
or operate therein any amusement not specified in his application
without first obtaining the consent of the Council.
[Amended by Ord. No. 296; 2-7-1989 by Ord. No. 1178]
At the next regular meeting of the Council after
the application has been on file with the Borough Clerk for three
days, the Council shall consider the application but may continue
the consideration thereof to any subsequent meeting and may refuse
to grant such license if, in their discretion, it appears that the
applicant is not a responsible or proper person to receive such license.
The license shall be granted only on the vote of a majority of the
whole Council cast in favor thereof. If granted, the Council shall
issue the license to the applicant upon payment of a fee of $150.
[Amended 2-7-1989 by Ord. No. 1178]
The license shall bear the date and the day
when such license was granted by the Borough Council and shall remain
in force for one year thereafter, unless revoked as herein provided
for, but shall not be assigned by the licensee without the consent
of the Borough Council, upon written application made therefor, signed
by the licensee and the person seeking the assignment, which application
shall contain all the provisions required in the case of an original
application. The license shall state the purpose for which the same
shall be issued, the number of the license, the location of the premises
thereof and the name of the person licensed and shall be granted only
upon expressed condition of a forfeiture in case the licensee, his
agents or servants, shall violate any law or the Code of the Borough
now or hereafter adopted and the further condition that the Police
Chief may, in his discretion, suspend such license whenever, in his
opinion, a violation or violations of the NJ Criminal Code has occurred
or is about to occur.
[Amended 2-7-1989 by Ord. No. 1178]
No license shall be revoked hereunder unless
written complaint shall be first made to Council by the Police Chief
specifying in detail the reasons why such license should be revoked,
which complaint shall be filed with the Borough Clerk and be by him
presented to the Borough Council at its next regular meeting at which
time the Borough Council shall continue consideration thereof until
the next regular meeting following and shall serve upon the licensee
a copy of the complaint personally or by leaving same at the address
mentioned in the application in case personal service cannot be made.
The service of the complaint shall be made at least five days prior
to such meeting and shall contain a notice of the time and place,
where and when, the Council will meet to consider the complaint at
which time and place Council shall proceed to hear evidence to substantiate
the charges in said complaint and shall hear any evidence produced
by the licensee who may be represented by counsel if he so desires.
After hearing the evidence, Council may revoke the license if in their
discretion it appears that the charges in the complaint are proved
and show a reason for such revocation as hereinbefore specified. A
majority vote of the entire Council shall be necessary to revoke such
license.
[Amended 2-7-1989 by Ord. No. 1178]
Each person conducting a theater without obtaining a license and each person aiding or assisting in the conducting or operation of any theater for which a license has not been obtained, as herein provided, and each person conducting a theater or aiding or assisting in the conducting of a theater after the license therefor has been revoked or suspended, as herein provided, shall, upon conviction, be liable to the penalty as established in Chapter 1, General Provisions, Article III, General Penalty.
