[HISTORY: Adopted by the Town Council of the Town of Phillipsburg 6-22-1993 by Ord. No. O:93-13 (Ch. 35, Art. II of the 1969 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 165.
Business licenses — See Ch. 207.
Carnivals — See Ch. 213.
Demonstrations and special events — See Ch. 248.
Noise — See Ch. 384.
Peace and good order — See Ch. 428.
Police service costs — See Ch. 441.
It shall be unlawful for any public assembly hall, bar, tavern, nightclub, cabaret, theater, social club or restaurant holding a plenary retail consumption license (whether that license is held by a person, partnership or corporation) and occupying any building, buildings or parts of buildings to furnish in or on those premises occupied by the aforesaid establishments entertainment or services of any kind or nature, whether or not an admission charge, cover fee or minimum is charged, without first obtaining a license therefor from the Council of the Town of Phillipsburg. The license shall be required whether the entertainment is to be performed on a one-time, sporadic or regular basis. It is the obligation of the person, partnership, corporation or entity holding the plenary retail consumption license to obtain this entertainment license.
A. 
Any person desiring a license under this chapter shall file with the Town Clerk an original and five copies of an application under oath, in writing, on a form furnished by the Town Clerk.
B. 
The application shall set forth the following information:
(1) 
The applicant's name, business name and business address.
(2) 
Whether the applicant is an individual, a partnership, a corporation or another entity and, if another entity, a full explanation and description thereof.
(3) 
If the applicant is an individual, the applicant's residence address and date and place of birth.
(4) 
If the applicant is a partnership, the full names, residence addresses, dates and place of birth.
(5) 
If the applicant is a corporation or other entity:
(a) 
In the case of corporation, the full names, residence addresses, dates and places of birth of each major officer and each stockholder, the name and address of the registered agent and the address of the registered agent and the address of the principal office. (The term "stockholder," as used herein, means and includes any person owning or having an interest, either legal or equitable, in 10% or more of the stock issued and outstanding of the applicant corporation.)
(b) 
In the case of another entity, the full names, residence addresses, dates and places of birth of each person owning or having an interest, either legal or equitable, aggregating in value 10% or more of the total capital of said entity, the name and address of the registered agent, if any, and the address of the principal office.
(6) 
Whether the applicant or any partners, officers or stockholders listed pursuant to Subsection B(3), (4) or (5) have ever been arrested or convicted of a crime and, if so, the name of the person arrested or convicted, the date of arrest, the crime or charge involved and the disposition thereof.
(7) 
The number of plenary retail consumption licenses held by the applicant or under its control.
(8) 
The applicant shall provide in the application a specific description of the nature and type of entertainment or services to be provided on the licensed premises.
C. 
Upon receipt of such application, the Town Clerk shall submit the same to the Police Department, the Inspection Department, Zoning Office and the Board of Health for reports with reference to the compliance and noncompliance of the licensed premises with municipal and state rules, regulations, statutes and ordinances and the truth of the matters contained in the application.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Upon receipt of such application and reports, the Town Clerk shall submit the same to the Council for its consent and approval and to the Mayor for informational purposes.
E. 
The Town Council shall consent to and approve the issuance of such permit, unless it reasonably finds that the applicant's character and business responsibility are not satisfactory, that a violation of municipal or state rules, regulations, statutes and ordinances exists, that untrue matters are contained in the application for the license, that the issuance of the license will tend to create a nuisance or that the issuance of such license will adversely affect the good-government, order and protection of persons and property and the preservation of the health, safety and welfare of the Town of Phillipsburg and its inhabitants. The Town Council shall determine that the applicant's character and business responsibility are satisfactory, unless the applicant, the reports of the various departments or other evidence presented shall tangibly disclose any of the following:
(1) 
Conviction of a crime involving moral turpitude or offenses of public indecency.
(2) 
Prior violations of statute, ordinances or regulations relevant to the furnishing of entertainment.
(3) 
Prior violations of alcoholic beverage control regulations, N.J.A.C. 13:2-23.5, 13:2-23.6, 13:2-23.7 or 13:2-23.14.
(4) 
Conviction for a crime or disorderly persons offense involving gambling.
(5) 
Repeated violations of local ordinances or state statutes relating to excessive noise, public drunkenness, litter, health, safety or welfare of the public.
(6) 
Concrete evidence of bad character.
(7) 
Grounds similar to those listed above which would reasonably cause the Town Council to determine that the character and business responsibility of the applicant or any partner, officer or stockholder thereof is not satisfactory.
F. 
Upon the consenting approval of the Council to the issuance of a license, the Town Clerk shall issue the same, subject, however, to such appropriate conditions and safeguards, if any, consistent with the intent and purpose of and reasonably necessary to accomplish the objectives of this article and the statutory authority for the same as may be imposed by the governing body.
A. 
An entertainment license may be revoked or suspended in the event that any businesses are operated in a manner which substantially impairs public safety to their customers or to the general public. As a specific standard, the following activities shall be deemed to be injurious to the public health and therefore prohibited: loud and abusive noises coming from customers or business invitees; loud gatherings within and upon the business premises; boisterous activities within and upon the business premises; loud, unruly and profane language; public drunkenness; minors consuming alcoholic beverages; overcrowding upon the business premises or near the business premises due to activity upon the business premises; use of fireworks; public urination; excessive noise as defined in the following subsections; and any other disorderly acts which disturb the peace and good order of the neighborhood and community. As a further specific standard, any creating of loud or unnecessary noise shall be prohibited upon the business premises or near the business premises due to activity of the business premises. The making, creating or permitting of any unreasonably loud, disturbing or unnecessary noise in the Town is hereby prohibited.[1]
[1]
Editor's Note: See also Ch. 384, Noise.
B. 
The making, creating or permitting of any noise of such character, intensity or duration as to be detrimental to the life, health or welfare of any individual or which either steadily or intermittently annoys, disturbs, injures or endangers the comfort, repose, peace or safety of any individual is hereby prohibited.
C. 
In the event that the Town of Phillipsburg, through its Police Department or its residents, receives five separate written complaints during one calendar year concerning the improper operation of a business establishment allegedly violating one or more of the standards set forth in Subsections A and B of this section, then said complaints are to be reviewed by the Council. By "separate" complaints, it is meant that separate and different individuals making each complaint. Upon the Town receiving the five separate complaints during the one calendar year, the following actions shall be taken:
(1) 
The Police Department or its duly authorized representative shall investigate the circumstances alleged in the complaints by contacting the complainants, checking other police records and taking whatever steps are necessary to determine whether or not a valid complaint exists.
(2) 
If it is determined that valid basis for the five separate complaints exist, then the Council or its duly authorized representative shall cause a formal legal complaint to be served upon the licensee in question, and said formal legal complaint shall clearly state the charges brought against said licensee. This formal legal complaint may be served by personal service, certified mail or regular mail in the event that service is refused. If the whereabouts of the licensee is unknown and the same cannot be ascertained by the exercise of reasonable diligence, the Council or its duly authorized representative shall make an affidavit to that effect and then serve such complaint or order by publishing the same once each week for two consecutive weeks in the newspaper printed and published in the Town of Phillipsburg or, in the absence of such newspaper, in one printed and published in Warren County and circulating in the Town of Phillipsburg. The formal legal complaint shall further state the charges and it shall contain a notice that a hearing shall be held before the Council or its duly authorized representative at a place therein fixed not less than 10 days nor more than 60 days after the serving of said formal legal complaint; that the owners and parties in interest shall be given the right to file an answer to the formal legal complaint and to appear in person or by their attorney and give testimony at the place and time fixed in the formal legal complaint; and that the rules of evidence prevailing in the courts of law of equity shall be controlling at the administrative hearing if objections are properly made as usual.
(3) 
If, after said notice and hearing, the Council or its duly authorized representative determines that said licensee has operated its said business in a manner injurious to the public health, safety or welfare, by violating one or more of the standards set forth in Subsections A and B of this section, then a written order shall issue to said licensee. The order shall state the findings of the governing body or its duly authorized representatives and shall prescribe the remedial action to be taken by the licensee. In the event that the licensee fails to cease said improper operation or in the event that the actions are considered to be of such a serious nature and/or a continuing threat to the health, safety and welfare of the residents of the Town of Phillipsburg by being in violation of one or more of the standards set forth in Subsections A and B of this section, then the licensee's entertainment license may be suspended or revoked.