[HISTORY: Adopted by the Township Committee of the Township of Pennsauken
6-28-1995 by Ord. No. 95-33. Amendments noted where applicable.]
Within the Township of Pennsauken in the County of Camden, no person,
firm, company, corporation, club or association shall promote, operate or
conduct any agricultural fair and exhibition without having first obtained
and validly retaining a license therefor as hereinafter provided.
Application for a license shall be made to the Township Clerk by the
person, firm, company, corporation, club or association which will receive
the major portion of either the gross or net proceeds of the function and
shall contain the following information:
A.
The name and address of the applicant.
B.
The location and capacity of the function site.
C.
Copy of State Department of Agriculture approval.
D.
A description of the precautionary arrangements for the
orderly entrance and exit of patrons and for their safety during the function,
including policing arrangements for interior and exterior of the function
site.
E.
Proof of adequate liability insurance coverage and workmen's
compensation coverage where required for circuses, carnivals or other traveling
shows to be conducted out of doors or under tents pursuant to N.J.S.A. 40:52-1.1.
F.
Such other information as the license issuing agent may
reasonably require.
G.
A copy, certified under penalty of perjury to be true,
of any contract or agreement between the applicant and any other person, firm,
company, corporation, club or association designated to receive any part of
the proceeds of the function.
Each application for an agricultural fair shall be accompanied by a
fee of $1,000, together with additional fees in accordance with N.J.S.A. 5:8-126,
for each license covered by the Office of Amusement Games Control of the State
of New Jersey.
A.
Each applicant for an agricultural fair agrees, due to
the unique operation and the demands placed upon the Township government,
to compensate the Township for the deployment of the following personnel to
ensure the safety and well-being of the Township residents as well as the
motoring public:
(1)
Pennsauken police personnel to provide traffic control
and overall public safety responsibilities.
(2)
Fire fighters to provide fire watch.
(3)
Code enforcement to ensure compliance with the licensing
requirements.
(4)
Any other personnel that the Township deems necessary
to protect the public interest.
B.
The Township Committee of the Township of Pennsauken,
through the Administrator, Chief of Police, Chief of the Fire Department and
the Chief of the Emergency Medical Services unit, will have the final authority
for determining the level of public safety personnel to be deployed at the
expense of the applicant to protect the public safety and well-being of the
community.
The Township Clerk and the license holder shall be governed by the following
statutes, rules and regulations:
A.
The capacity of the function site for the particular
function shall be determined by the appropriate Township personnel from a
structural, fire and general safety standpoint. No license shall be issued
for a greater capacity than has been determined. No capacity shall be permitted
greater than that for which a license was issued.
B.
Adequate precautions and arrangements shall be made for
the orderly entrance and exit of patrons and for their safety during the function.
C.
No license shall be transferable as to person or place
or valid for a date not specifically set forth therein.
D.
Any licensee dispensing food and/or beverage must obtain a sanitation license in accordance with § 333-21E of the Township Code.
E.
Any license issued hereunder may be revoked by the Township
Administrator for failure to maintain order and decorum, for conducting a
licensed function in such a manner as to create a public nuisance or hazard
to the general public or for failure to comply with this chapter and all other
applicable Township ordinances and regulations. The Township Administrator,
acting on behalf of the Township Committee, shall accept recommendations from
the Police Chief, Fire Chief and Chief of Emergency Medical Services as to
their respective expertise concerning the authority to revoke a license.
F.
Proof shall be furnished the Township of liability insurance
coverage of at least $200,000/$400,000 and workers' compensation coverage
where required for circuses, carnivals or other traveling shows to be conducted
out of doors or under tents pursuant to N.J.S.A. 40:52-1.1.
G.
Any applicant whose application is denied, revoked or
capacity limited may appeal the action of the Township Administrator to the
Township Committee by filing written notice of such application with the Township
Clerk. Hearing on such appeal shall be conducted by the Township Committee
at its first regular meeting held at least 24 hours after the filing of the
notice. The Township Committee, in its determination, shall be controlled
by the provisions hereof but may grant a conditional license and shall make
its findings and decision at the close of the hearing.
Any person violating the provisions of this chapter shall, upon conviction,
be subject to one or more of the following: a fine not exceeding $1,250 or
imprisonment in the county jail for a term not exceeding 90 days, or a period
of community service not exceeding 90 days. Each day that any violation continues
shall be considered a new and separate violation of this chapter.
