[Adopted 6-22-1989 as Ord. No. 9-1989]
For the purposes herein, the following definitions shall apply:
COMMERCIAL ESTABLISHMENT
Any building, tent, open area or premises where, in or on that location, a fee or cost is charged for admission, participation, food or beverages.
DWARFISM
The disproportionate or proportionate short stature of individuals usually caused by a genetic syndrome.
PHYSICAL CONTESTS or ALLEGED RECREATIONAL PHYSICAL ACTIVITY
Any activity involving any strenuous physical endeavor by any participant or participants, whether or not the participant or participants are employees, patrons, guests, visitors, bystanders or paid independent contractors, for the purposes of a contest or display of physical performance engaged in by two or more persons. Exempted from this definition and from this Article are any of the following:
A. 
Dancing.
B. 
Singing.
C. 
Playing of musical instruments.
D. 
Individually performed acrobatics.
E. 
Individually performed acts of strength or skill.
No person, group of persons, partnership, corporation or other entity (hereinafter referred to as "commercial establishment") owning, maintaining or operating a commercial establishment within the City of Somers Point shall permit, promote or otherwise allow in or on his, her, their or its premises any physical contest or alleged recreational physical activity which creates an unreasonable but forseeable risk of injury or physical harm to any participant, including but not limited to a participant suffering from dwarfism.
Any commercial establishment seeking to permit or promote any physical contest or alleged recreational physical activity involving a participant, including but not limited to a participant suffering from dwarfism, in or on its premises shall be required to file an application with the City Clerk for a special permit not less than 60 days prior to the event. Each separate date for such an event shall require a separate application for a separate special permit. Any commercial establishment which does not file such application(s) or which does not file such application(s) timely shall be prohibited from permitting, promoting or conducting the event.
A. 
The application for the special permit shall provide the following information:
(1) 
The date of the application and name, address, phone number, position or title of the person filing the application.
(2) 
The name, address and description of the type of business of the commercial establishment.
(3) 
If the commercial establishment is operated by a partnership, the exact partnership name, the state and date of registration of the partnership, the registered business address, the agent for service of process, a list of the names and addresses of all partners, together with identification of all limited partners, general partners and managing partners, and the identity, address and phone number of any person(s) employed by or acting on behalf of the partnership for the promotion of and/or conducting of the event.
(4) 
If the commercial establishment is operated by a corporation, the exact corporate name, state and date of incorporation, registered business office address, registered agent for service of process, a list of the names and addresses of all shareholders and the identity, address and phone number of any person(s) employed by or acting on behalf of the corporation for the promotion and/or conducting of the event.
(5) 
If the commercial establishment is operated by a person, group of persons or any other entity, the names, addresses and phone numbers of all such persons and the identity, address and phone number of any person(s) employed by or acting on behalf of the person(s) operating the commercial establishment for the promotion and/or conducting of the event.
(6) 
If the owner of the commercial establishment is different than the operating person, persons, partnership, corporation or entity, then the person filing the application shall supply the complete information regarding the owner as indicated in Subsection A(3), (4) and (5) above, together with the application.
(7) 
The exact name(s), address(es) and phone number(s) of any and all employees or other person(s) acting on behalf of the commercial establishment at the time of the scheduled event.
(8) 
The date and place of the scheduled event, the exact time when the event is scheduled to commence and terminate and an accurate description of the nature of the event.
(9) 
The name, address, date and place of birth, height, weight and list of any known physical ailments, disabilities, handicaps or incapacities of any participant in the scheduled event and an accurate description of the role he or she will play in the event.
(10) 
An original of a dated and signed letter or report, from a medical physician duly licensed to practice medicine in New Jersey, resulting from a thorough examination of the participant conducted within 30 days prior to the filing of the application, which shall state the results of the examination, the medical condition of the participant, a description of any known physical ailments, disabilities, handicaps or incapacities of the participant and a statement certifying that the participant is medically able to withstand the event without an unreasonable risk of injury of physical harm.
(11) 
An original of a certificate of insurance from a reputable liability insurance company naming the City of Somers Point as an additional named insured covering the scheduled event and providing limits of liability for the event in an amount not less than $500,000.
(12) 
A signed, dated and notarized release and indemnification agreement from each participant wherein the participant shall release and agree to indemnify and hold harmless the City of Somers Point, its agents, servants, employees and elected and appointed officials from any and all liability of any kind from injury or physical harm occurring to the participant from or arising out of the event.
B. 
No application shall be deemed complete, nor shall it be acted upon by the City of Somers Point, until and unless it contains full and complete information and attached letters, reports, certificates of insurance and releases specified in Subsection A above and until and unless the applicant makes payment of an application processing fee and a deposit for medical examination(s) specified in § 128-15 below.
A. 
An applicant for a special permit to conduct any event specified herein shall make a nonrefundable payment at the time of the filing of the application of a processing fee of $100.
B. 
An applicant for a special permit to conduct any event specified herein shall make a deposit at the time of the filing of the application of $1,000 for each participant to cover the cost for an independent medical examination or examinations of each participant by a medical practitioner or practitioners of the sole choice of and selection by the City of Somers Point prior to it acting upon the application. The applicant shall be refunded any remaining balance of the deposit after payment for the medical examination(s). Any participant or participants shall present himself, herself or themselves to the medical practitioner(s) selected by the City of Somers Point at the time and on the date specified by the City of Somers Point for examination. Failure to do so shall be cause for denial of the application for the special permit.
After timely filing with the City Clerk of a complete application for the purposes herein specified, the governing body shall consider the application and grant or deny the special permit. No special permit shall be granted to any applicant whenever the medical letter(s) or report(s) filed with the application on behalf of the participant(s) or the medical examination(s) of the participant(s) conducted by the city leads the governing body to conclude that there exists the unreasonable but foreseeable risk of physical harm to a participant.
Any person, group of persons, partnership, corporation or other entity owning, maintaining or operating a commercial establishment, within the City of Somers Point, permitting, promoting or otherwise allowing or conducting a physical contest or alleged recreational physical activity regulated herein without a special permit granted by the City of Somers Point and any participant engaging in a physical contest or alleged recreational physical activity regulated herein without the special permit referred to herein shall be in violation of this Article. Each person in violation of this Article, including each partner in a partnership in violation of this Article, each officer or director of a corporation in violation of this Article and each employee or other person acting on behalf of a person or group of persons, partnership, corporation or other entity in violation of this Article shall be subject to a fine pursuant to N.J.S.A. 40:49-5, as amended, not exceeding $1,000 for the first offense and a fine not exceeding $1,000 and/or imprisonment and/or community service pursuant to N.J.S.A. 40:49-5, as amended, for any subsequent offense or offenses.
This article does not replace or restrict any New Jersey State statute, administrative rule or regulation or any other ordinance of the City of Somers Point, and a violation hereof may be cumulative or in addition to any such other violation(s).