[HISTORY: Adopted by the Mayor and Council of the Borough of Oaklyn
12-1-1948 by Ord. No. 6-48. Amendments noted where applicable.]
The following words and phrases, and their derivatives, when used in
this chapter, shall have the meanings hereinafter ascribed to them:
The Borough of Oaklyn, in the County of Camden and State of New Jersey.
Licensed in accordance with the provisions of this chapter.
Any person having the management or control of any public dance hall
as defined herein or who suffers or permits any performance, show or exhibition
to be given in any such public dance hall, and shall include the owner of
the premises on which the same is erected.
Includes the plural as well as the singular and any individual, copartnership,
association, corporation or joint-stock company, their lessees, trustees or
receivers, appointed by any court whatsoever.
Includes any room, space or place in which dancing is carried on
and which is open to the public generally, and to which admission may be had
either with or without the payment of a fee, wardrobe charge or otherwise,
and in which the public generally may participate either with or without the
payment of a fee, wardrobe charge or otherwise; provided, however, that any
room, space or place now or hereafter duly licensed under the alcoholic beverage
laws of the State of New Jersey shall be specifically excluded from the terms
of this chapter, and provided further that this definition shall not apply
to exhibitions or performances in which the persons paying for admission to
such dance hall, room, space or place do not participate in such dancing.
From and after the effective date of this chapter, no person shall own,
manage or conduct a public dance hall as herein defined without a license
first had and obtained therefor as provided in and by this chapter.
Any and all licenses issued pursuant to the terms of this chapter shall
expire at midnight of December 31 of the year for which the same shall be
issued, unless sooner surrendered, suspended or revoked.
All applications for the issuance or renewal of any license shall be
made to the Borough Council on forms approved by it and obtained from the
Borough Clerk and designed to elicit information respecting the identification,
responsibility and law-abiding habits of the applicant and the suitability
of the building and premises therefor.
Each applicant for a license shall supply the information requested
on the application in full and verify the correctness thereof by his oath
or affirmation and shall thereafter file the completed application with the
Borough Clerk together with the full amount of the license fee as herein fixed
at least two weeks before the said application shall be presented to the Borough
Council for action thereon.
[Amended 12-29-1958 by Ord.
No. 3-58; 9-13-1977 by Ord.
No. 13-77]
The annual fee for each public dance hall license issued or renewed hereunder shall be as provided for in Chapter 73, Fees. No part of such fee shall be refunded for any reason except upon the denial of an application for the issuance or renewal of a license by the Borough Council, in which event 75% of the fee deposited shall be returned to the applicant and 25% shall be retained by the Borough as compensation for the investigation of the applicant.
The Borough may, in its discretion, refuse to issue or renew or may,
after notice and hearing, revoke or suspend any license:
A.
If the applicant or licensee has been convicted of a
crime in this or any other jurisdiction; or who violates any provision of
this chapter; or who is not a citizen of the United States of America; or
who has made false answers in his application for such license, or any renewal
or renewals thereof; or who has failed or fails to fully comply with any and
all applicable laws of the State of New Jersey and the Borough of Oaklyn in
respect to the erection, construction, maintenance and operation of the building
involved in order that the premises so licensed shall have any and all necessary
safeguards and safety devices for the use to which said building shall be
devoted.
B.
If the building or premises licensed or to be licensed,
by reason of unsafe or unsanitary conditions, is or shall become dangerous
to the safety, welfare or health of the occupants thereof or of others affected
thereby.
C.
If any public dance hall shall be managed, operated or
conducted in such a manner as to offend public decency or morals; or if the
management, operation or conduct thereof shall be objectionable from a moral
standpoint or likely to create public disorder or to constitute a menace to
the public safety or welfare.
D.
If, any such dance hall shall be managed, operated or
conducted in disregard of any notice given or order made by the Borough Council
of the Borough.
Each applicant granted a license hereunder shall be issued such license
made of such material and in such form as the Council shall determine, which
license shall at all times be kept clearly legible and be displayed inside
of the premises to which it applies. Such license shall at all times be and
remain the property of the Borough and on the direction of the Mayor and Borough
Council shall at once be surrendered to and deposited with the Borough Clerk.
Nothing herein contained shall require a license for nor apply to a
public dance hall operated and conducted in any municipally owned building,
school, church or church building for a period not exceeding three days by
civic, scholastic, religious and charitable organizations operating not for
pecuniary profit.
No public dance hall as defined herein shall be operated and conducted
at any time on Sundays.
[Amended 9-13-1977 by Ord.
No. 13-77]
Any person or persons who shall violate any of the provisions of this
chapter shall, upon conviction thereof, be subject to a fine not exceeding
$500 or imprisonment in the county jail for a term not exceeding 90 days,
or both, in the discretion of the Judge by whom such person or persons shall
be convicted.
