[HISTORY: Adopted by the Borough Council of the Borough of Seaside Heights 2-19-1997 by Ord. No. 97-1. Amendments noted where applicable.]
Amusement games and devices — See Ch. 25.
It shall be unlawful for any public dance hall, public assembly hall, nightclub, cabaret, theater, movie house, social club, restaurant and/or any person, partnership or corporation holding a plenary retail consumption license occupying any buildings or parts of buildings to furnish in or on those premises occupied by the aforesaid establishments entertainment 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 governing body.
No licensee shall engage, employ, allow, permit or use entertainers under the age of 18 years.
Any person desiring a license under this chapter shall file with the Borough Clerk an original and four copies of an application, under oath, in writing, on a form furnished by the Borough Clerk.
The application shall set forth the following information:
The applicant's name, business name and business address.
Whether the applicant is an individual, a partnership, a corporation or another entity, and, if another entity, a full explanation and description thereof.
If the applicant is an individual, the applicant's residence address and date and place of birth.
If the applicant is a partnership, the full names, residence addresses, dates and places of birth of each partner.
If the applicant is a corporation or other entity, in the case of a 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 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.]; in the case of another entity, the full names, residence addresses, dates and places of birth of each person owning or having any 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.
Whether the applicant or any partners, officers or stockholders thereof 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 The term officers, as used herein, means and includes the president, vice presidents, secretary and treasurer of a corporate applicant.
The number of plenary retail consumption licenses held by the applicant.
A specific description of the nature and type of entertainment to be provided on the licensed premises.
Upon receipt of such application, the Borough Clerk shall submit the same to the Police Department, Fire Public Safety Department, Building Department and Health Department for reports with reference to the compliance or noncompliance of the licensed premises with municipal and state rules, regulations, statutes and ordinances and the truth of the matters contained in the application.
Upon receipt of such application and reports, the Borough Clerk shall submit same to the Borough Council for its consent and approval.
The Borough Council shall consent to and approve the issuance of such license 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 exist; that untrue matters are contained in the application for such license; that the issuance of such 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 public health, safety and welfare of the Borough of Seaside Heights and its inhabitants. The Borough Council shall determine that the applicant's character and business responsibility are satisfactory unless the application, the reports of the various departments or other evidence presented shall tangibly disclose any of the following:
Conviction for a crime involving moral turpitude.
Prior violations of statutes, ordinances or regulations relevant to the furnishing of entertainment.
Conviction for a crime or disorderly persons offense involving gambling.
Concrete evidence of bad character.
Grounds similar to those listed above which would reasonably cause the Borough Council to determine that the character and business responsibility of the applicant or any partner, officer or stockholder thereof are not satisfactory.
Upon the consent and approval of the Borough Council to the issuance of such license, the Borough Clerk shall issue the same.
Any license issued under this chapter may be revoked by the Borough Council. If the Borough Council shall determine that there are reasonable grounds upon which to revoke any such license, such grounds being the same grounds upon which the Council may refuse to consent to and approve the issuance of such license as set forth in § 86-3E above, it shall cause a notice to be served, in writing, upon the licensee or other person in charge of the premises for which such license has been issued, citing the licensee to appear before the Borough Council at the time and place designated in the notice to show cause why such license should not be revoked. Notice may be served upon the licensee by personal service or by registered or certified mail addressed to the licensee's last known address. The licensee shall be afforded a hearing before the Borough Council prior to the final revocation of such license.
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 on the business premises. The making, creating or permitting of any unreasonably loud, disturbing or unnecessary noise in the borough is hereby prohibited.
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.
In the event that the Borough of Seaside Heights, through its Police Department or its residents, receives three separate written complaints during one calendar year concerning the improper operation of a business establishment allegedly violating one of the standards set forth in Subsection A and B of this section, then said complaints are to be reviewed by the Mayor and Council or its duly authorized representative. By separate complaints it is meant that separate and different individuals make each complaint. When a complaint is received:
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. The Police Department shall inform the licensee by letter of the Department's determination of the validity of the complaint.
If it is determined by the Police Department that there have been three valid complaints against a licensee, the Mayor and 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 Mayor and Council, or its duly authorized representative shall make an affidavit to that effect and then serve such complaint or order by publishing same once each week for two consecutive weeks in a newspaper printed and published in the Borough of Seaside Heights or, in the absence of such newspaper, in one printed and published in Ocean County and circulating in the Borough of Seaside Heights. The formal legal complaint shall further state the charges and it shall contain a notice that a hearing shall be held before the Mayor and Council or its duly authorized representative at a place therein fixed not less than 10 days nor more than 30 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 shall be controlling at the administrative hearing.
If, after said notice and hearing, the Mayor and 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 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 Borough of Seaside Heights by being in violation of one of the standards set forth in Subsections A and B of this section, then the licensee's entertainment license may be suspended or revoked.
The entertainment license fee per year or any part thereof shall be as follows:
The fee shall accompany the application for the license and shall also include a license fee of $50 for the premises of any licensed club establishment per year or for any part thereof. All licenses shall run from July 1 and expire on June 30 of the next succeeding year of its issuance. Payment of one license fee shall entitle licensee to engage in other forms of entertainment which require a license fee of lower cost as set forth above.
No entertainment permit shall be granted unless the licensed premises shall have provisions for seating 25 or more persons.
Any person violating or failing to comply with any other provision of this article shall, upon conviction thereof, be punishable by a fine of no less than $100 and no more than $1,000, by imprisonment not to exceed 90 days or by community service of not more than 90 days or any combination of fine, imprisonment and community service, as determined in the discretion of the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
The violation of any provision of this chapter shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.