[HISTORY: Adopted by the Borough Council of the Borough of Seaside
Heights 2-19-1997 by Ord. No. 97-1. Amendments noted where applicable.]
GENERAL REFERENCES
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.
A.
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.
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 places of birth of each partner.
(5)
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.
(6)
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.
(7)
The number of plenary retail consumption licenses held
by the applicant.
(8)
A specific description of the nature and type of entertainment
to be provided on the licensed premises.
C.
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.
D.
Upon receipt of such application and reports, the Borough
Clerk shall submit same to the Borough Council for its consent and approval.
E.
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:
(1)
Conviction for a crime involving moral turpitude.
(2)
Prior violations of statutes, ordinances or regulations
relevant to the furnishing of entertainment.
(3)
Conviction for a crime or disorderly persons offense
involving gambling.
(4)
Concrete evidence of bad character.
(5)
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.
F.
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.
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 on the business premises. The making, creating or permitting
of any unreasonably loud, disturbing or unnecessary noise in the borough is
hereby prohibited.
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 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:
(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. The Police
Department shall inform the licensee by letter of the Department's determination
of the validity of the complaint.
(2)
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.
(3)
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.
A.
The entertainment license fee per year or any part thereof
shall be as follows:
|
Form of Entertainment
|
Fee
| |
|---|---|---|
|
1. Juke Box (patron-operated device on premises where dancing is not
permitted or invited).
|
$1,000.00
| |
|
2. Karaoke or nonamplified acoustical entertainment (where dancing is
not permitted or invited).
|
$1,500.00
| |
|
3. Live, amplified entertainment (where dancing is not permitted or
invited).
|
$2,000.00
| |
|
4. All other live or recorded music or other entertainment when dancing
is either invited or permitted.
|
$3,000.00
| |
|
5. All uses not described in this section, provided that dancing is
not invited or permitted.
|
$1,500.00
|
B.
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.
A.
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.
B.
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.
