[HISTORY: Adopted by the Mayor and Council of the Borough of Wanaque 9-8-1971 as Ord. No. 13-0-71. Amendments noted where applicable.]
[1]
Editor's Note: Exclusive regulation of mass gatherings of 3,000 or more persons for 18 or more hours has been preempted by the State of New Jersey and assigned to the State Mass Gathering Review Board. See R.S. 5:11-1 to 5:11-14 (Ch. 205, L. of 1971). But note that § 51-7 of this chapter prohibits public gatherings of more than 1,000 person within the Borough of Wanaque.
A. 
No person, persons, partnership, corporation, entity or party shall permit, operate, advertise, promote, work at, be employed by or in any way assist at any outdoor show, concert, festival, dance, performance, exhibition or other gathering for purposes of amusement which is conducted out of doors on any property in the Borough of Wanaque without having a license from the Borough of Wanaque in accordance with the provisions of this chapter.
B. 
No person, persons, partnership, corporation, entity or party shall permit any type of gathering referred to in Subsection A above on any lands or premises owned, leased, occupied or controlled by him, her, them or it without having a license from the Borough of Wanaque in accordance with the provisions of this chapter.
A. 
An application for a license shall be signed by the person, persons or parties responsible and filed, in triplicate, with the Clerk of the borough, accompanied by the fee payable hereunder.
B. 
The applicant shall set forth in the application for license the following information:
(1) 
The names and addresses of the person or persons, or in the case of a corporation, the names and addresses of the President, Vice-President, Secretary, Treasurer and Directors or Trustees, responsible for conducting the outdoor shows, concerts, festivals, dances, theatrical performances, exhibitions or any public gatherings for the purpose of amusement sought to be licensed.
(2) 
The type of performance desired to be conducted and a statement of the purposes of the exhibition or performance, whether for pecuniary profit or charitable purposes, and if charitable, a statement of the charity or charities to be benefited.
(3) 
A description of the lands and premises to be licensed which shall include a reference to block and lot on the Wanaque Borough Tax Map. In the event a portion of a tax lot is to be licensed, a sketch must be presented showing exactly what part of said lot is to be licensed.
(4) 
A statement as to whether the applicant owns the property to be licensed. In the event that the applicant is not the owner, the consent of the owner must be annexed to the application, together with a copy of the lease or other agreement relating to possession of the property by anyone other than the owner of same.
(5) 
A map or sketch, drawn to scale with scale shown, showing the entire area sought to be licensed, and showing thereon that portion thereof to be used for the parking of automobiles, and showing all driveways and other means of access to and from said premises.
(6) 
The application shall set forth the names of all property owners within 500 feet of the boundaries of the property to be licensed. All of said owners shall be notified of said application by certified mail within 10 days of the filing of the application. It shall be sufficient to send said notices to the addresses shown on the current tax duplicate of the municipality for the properties above mentioned. An affidavit must be filed with the Borough Clerk showing compliance with this paragraph.
(7) 
A statement of the type of exhibition, show or performance to be licensed, which will include the hours of the performance and on what days it will be in operation. A program or listing of the performers shall be furnished, together with a time schedule showing activity during various parts of the day or night.
(8) 
An application fee of $100 shall be paid at the time of filing the application, which will be used toward the expenses of reviewing the application and conducting investigations relating to it.
A. 
Upon the filing of an application pursuit to the provisions of this chapter, the Borough Clerk shall immediately file copies of the application with the following:
(1) 
The Board of Health of the borough.
(2) 
The Chief of Police (and in the event there is no Chief of Police, with the Sergeant in Charge of the nearest New Jersey State Police Station).
(3) 
The Traffic Safety Coordinator for Passaic County.
(4) 
The County Road Supervisor of Passaic County.
(5) 
The Administrators of Chilton Memorial Hospital, Pompton Plains; St. Joseph's Hospital, Paterson; and General Hospital, Wayne.
(6) 
The Mayor and each member of the Council.
(7) 
Passaic County Department of Planning, Conservation and Economic Development.
(8) 
Passaic County Sheriff.
(9) 
Passaic County Prosecutor.
(10) 
Passaic County Department of Health.
(11) 
Borough Fire Department.
(12) 
County Coordinator of Civil Defense.
B. 
The Borough Clerk shall request a report from all of the parties and organizations mentioned in Subsection A relating to the proposed application.
C. 
Copies of all reports shall be forwarded to the Mayor and Council within 30 days of the filing of the application.
If the Mayor and Council deems from the report that a hearing on the application should be held before issuing or denying a license, then within five days after the thirty-day period of investigation, the Mayor and Council shall set a time and place for a hearing on the application, which shall be held within 15 days thereafter. At the hearing, the applicant and the borough may offer such evidence as may be desired covering the subject matter. Within seven days after the closing of the hearing, the Mayor and Council shall render a determination on the application, and if the determination is favorable, a license shall be issued, but if the determination shall be a denial of the application, then a copy of said determination, with the reasons for denying the application, shall be served upon the applicant at the mailing address of the applicant designated in the application.
A. 
The license authorized to be issued shall be issued by the Mayor and Council but executed by the Mayor and Borough Clerk.
B. 
The license shall set forth and describe, with particularity, the place where the show, exhibition, performance or public gathering or other event sought to be licensed hereunder shall take place and the period of time during which it may continue.
C. 
The license herein authorized shall not be issued to take effect until all fees have been paid to the borough as provided herein.
D. 
Any license authorized to be issued hereunder shall be issued subject to all of the provisions of this chapter.
A. 
The fee to be paid upon issuance of a license shall be $100 for each 100 persons, or any portion thereof, anticipated to be involved in the event sought to be licensed, including therein all personnel, all spectators or members of the audience, and a minimum fee of $100 shall be paid. All license fees shall be in addition to the fees required to accompany the application.
No outdoor show, concert, festival, dance, theatrical performance, exhibition or public gathering shall be permitted or licensed if the event sought to be licensed anticipates a gathering of more than 1,000 persons.
A. 
No person or party licensed hereunder shall allow, suffer or permit any exhibition, performance or gathering of persons for any unlawful purpose or to be conducted in any unlawful, disorderly, obscene or lewd manner.
B. 
No outdoor show, concert, festival, dance, theatrical performance, exhibition or public gathering for purposes of amusement shall allow any performer to perform or be displayed in the nude.
C. 
No outdoor show, concert, festival, dance, theatrical performance, exhibition or public gathering for purposes of amusement shall be allowed which shall depict sexually suggestive acts or subjects offensive to public morals and decency.
D. 
No outdoor show, concert, festival, dance, theatrical performance, exhibition or public gathering for purposes of amusement shall allow the use of any moving picture or other media which is obscene, lewd, indecent or offensive to public morals and decency.
E. 
Any licensee hereunder shall not permit any employees or agents of the applicant or any spectators or any persons on the licensed premises during the period of time licensed to completely undress or go about in the nude or become undressed or go about in a lewd, obscene or indecent manner.
F. 
The licensee shall allow the Police Department of the borough, or any other persons duly authorized by the borough, to inspect the licensed premises, or any part thereof, and the performances, exhibition and shows for public gatherings at any time, either prior to or during the period of time licensed, to inspect the premises and observe the persons upon the premises or to detect violations of this chapter or of any other law of the federal government or the State of New Jersey or of the borough.
G. 
The licensee shall take all proper means to assist in the orderly conduct and presentation of his event and to maintain a flow of traffic and use of the premises without congestion of traffic. For such purposes, the licensee shall employ or obtain sufficient personnel to carry out said objectives.
H. 
The licensee shall maintain at his own expense one or more persons or agents responsible for the proper conduct of the event licensed, who shall remain upon the premises licensed at all times during the period in which the license shall be in effect. The name, address and description of the person, persons or agents responsible shall be furnished to the borough before the beginning of the licensed period, and in the event that any change is made in a person or persons or agents responsible herein designated, notice of such change with the names and addresses and descriptions of the persons to be substituted shall be furnished to the Borough Clerk upon at least 24 hours' notice.
A. 
In the event that any of the provisions of this chapter are violated, the Mayor and Council may terminate or suspend any license issued pursuant to this chapter.
B. 
Written notice of the alleged violations shall be given to the applicant, to any employee of the applicant on the licensed premises or by posting the notice on the premises in a conspicuous place. The written notice shall include the time and place of the hearing, which shall not be less than 24 hours after the notice.
C. 
At the hearing, the Mayor and Council shall hear all evidence offered in connection with the proposed suspension or revocation. The Mayor and Council, if it finds against the licensee, may revoke the license or may suspend it upon which conditions or stipulations as may be directed. In the event of revocation of the license, no further outdoor show, concert, festival, dance, theatrical performance, exhibition or public gathering for purpose of amusement shall be held under the license granted for same. All persons remaining upon the licensed premises shall leave the licensed premises after being notified of the license revocation.
D. 
In the event that it appears that the number of persons gathered upon or gathered for entry upon the licensed premises for any such outdoor show, concert, festival, dance, theatrical performance, exhibition or public gathering for purposes of amusement licensed hereunder shall exceed 1,000 persons, notice shall be promptly given to the licensee by the Mayor and Council to withhold proceeding with the event. The licensee may request an immediate hearing before the Mayor and Council and said hearing shall be held as promptly as possible.
E. 
In the event of a revocation or suspension of any license, no license fee or application fee shall be refunded.
Whenever notice is required to be given to the applicant or licensee hereunder, such service of notice may be made by registered or certified mail directed to the person and address listed in the application or otherwise personally upon the applicant or any of the agents of the applicant upon the licensed premises.
A. 
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment by a term not exceeding 90 days, or both. A separate offense shall be deemed committed for each separate act involved or on each day involved during a continuation of any such act in violation of any of the provisions of this chapter.
B. 
The penalty or penalties provided herein shall be in addition to, and not in lieu of, the suspension or revocation of any license issued hereunder.