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Township of Bloomfield, NJ
Essex County
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Table of Contents
Table of Contents
[Adopted 11-19-1962 as Ch. 4 of the 1962 Code (Ch. 74, Part 1, Art. III, of the 1987 Code)]
[1]
Editor's Note: See § 1-15, General penalty, of this Code for provisions relating to violations and penalties.
No person shall engage in the business of exhibiting in the Township for any price, gain or reward any moving picture or photographic representation of any kind whatever without having first obtained a license for that purpose from the Township Council; provided, however, that this section shall not apply to any performance given by or under the auspices of any public or private school, any church or Sunday school or any charitable or social organization or society of the Township.
A. 
Every license or permit granted pursuant to this article may be suspended or revoked by the Township Council on satisfactory cause appearing for so doing. During such suspension or after such license or permit shall be revoked, such license or permit shall be inoperative and of no effect.
B. 
The Council may, for apparent good cause, restore the license or permit to any person whose license or permit may have been revoked.
[Amended 2-7-1966]
A. 
The annual license fee to exhibit motion pictures or photographic representations shall be $500.
[Amended 11-15-1976; 10-1-1991]
B. 
Each license shall expire and be void on and after December 31 following its issuance.
C. 
Where an application for a license is made after July 1 in any year, the license fee shall be 1/2 of the annual fee.
No license shall be granted to any person to exhibit or display moving pictures, as herein defined, in any building which shall not be constructed in accordance with the provisions of the Building Code of the Township[1] and Chapter 239, Fire Prevention and Protection. Such buildings shall, in all other respects, comply with this Code and all other ordinances and regulations of the Township.
[1]
Editor's Note: See Ch. 149, Building Construction.
[Amended 11-2-1987]
A. 
No person shall engage in the business of exhibiting for any price, gain or reward any theatrical, operatic or live entertainment or concerts in the Township unless such person shall first obtain a license therefor from the Township Council.
B. 
The provisions of this section and §§ 128-18 to 128-20 shall not apply to any theatrical, operatic or live entertainment given by or under the auspices of any public or private school, any church or Sunday school or any charitable, social or eleemosynary institution, organization or society.
A. 
Any person desiring a license as provided in the preceding section shall first file an application therefor, in writing, with the Township Council, specifying the name of such person desiring the license, the location of the building wherein the theatrical performance or live entertainment is to be given or exhibited, the number of performances to be given and the period of time for which the license is sought.
[Amended 11-2-1987]
B. 
The applicant for such license shall also tender and deposit with their application the full license fee as provided for by § 128-20.
A. 
The Township Council shall issue a license as required by § 128-17 if the building or place for which a license is sought complies with the law and ordinances and is a suitable and fit place for the congregation of people and for public assemblage. Such building or place shall be certified by the Building Inspector, the Fire Chief and the Electrical Subcode Official, whose certification shall be endorsed on the application before the same shall be considered for approval by the Township Council.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Where a license is sought under the provisions of §§ 128-17 to 128-20, existing buildings to be used or buildings newly constructed for such purposes shall comply in all respects with the provisions of the Building Code[1] and Chapter 239, Fire Prevention and Protection, of this Code.
[1]
Editor's Note: See Ch. 149, Building Construction.
[Amended 11-2-1987]
A. 
The license fee for each theater or building exhibiting any theatrical or operatic performance or live entertainment, where the license is sought for a period of less than one year, shall be as follows:
(1) 
For theaters with seating capacity for not more than 500 persons: $5 per day.
(2) 
For theaters with seating capacity for more than 500 persons but not exceeding 1,000 persons: $10 per day.
(3) 
For theaters with seating capacity for more than 1,000 persons: $15 per day.
B. 
The license fee for each theater or building exhibiting any theatrical or operatic performance or live entertainment, where the license is sought on an annual basis, shall be as follows:
(1) 
For theaters with seating capacity for not more than 500 persons: $300.
(2) 
For theaters with seating capacity for more than 500 persons but not exceeding 1,000 persons: $450.
(3) 
For theaters with seating capacity for more than 1,000 persons: $750.
A. 
In all places within the Township wherein theatrical exhibitions or exhibitions of moving pictures are given and shown and an admission fee charged therefor, the aisles and passageways in such place shall be kept free and clear of all obstructions, and no person shall stand or remain in such aisles or passageways while such place is open to the public. It shall be the duty of the proprietor or lessee of every such place to keep the aisles and passageways therein free and clear from all obstructions and to prevent persons from standing and remaining therein while and so long as such place is open to the public.
B. 
It shall be the duty of the police force to aid in the enforcement of the provisions of the preceding subsection, and the officers of the police force shall have the power, at any time while any such place is open to the public, to prevent persons from standing or remaining in the aisles or passageways of such place and to remove persons therefrom and to require all obstructions to be removed therefrom.
Every exit from all theaters shall have, over or alongside the same, on the inside, the word "exit" in legible letters not less than eight inches high. Over each exit shall be placed a red light which shall be kept burning while such place is open to the public. No fixed red light shall be permitted within such place except to indicate an exit to be used in case of fire or other calamity.
[1]
Editor's Note: Former § 128-23, Offensive motion pictures or performances, of the 2008 Code was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Added 11-16-1970]
The provisions of this section shall apply to any license or permit issued pursuant to § 128-15 to exhibit motion pictures, and such license or permit shall be subject to the terms and conditions hereinafter set forth in this section, and every applicant for such license or permit, in accepting the license or permit, agrees to abide by and comply with the following terms and conditions:
A. 
The licensee shall be responsible for any disorder.
B. 
Any member of the Police Department. Fire Department, Community Development Department and Department of Health and Human Services, Division of Health, may enter the licensed premises at any time to inspect the same and enforce any applicable law or ordinance.
C. 
Any motion picture to be exhibited shall comply with the ratings or schedules adopted by the motion-picture industry as to the type of picture, recommended viewing public and setting forth of age groups for viewing such motion pictures.
D. 
Where the age of the person applying for admission is not visibly apparent as being above any restricted age, such person shall supply proof of age and certify, in writing, as to their age, which certification shall be dated and retained by the licensee for a period of 30 days and, during that time, shall be subject to inspection by the Police Department of the Township.
E. 
No motion picture shall be exhibited unless it is clearly indicated in the advertisement thereof the type of picture to be shown as established by the ratings or schedules of the motion-picture industry for the age group for which it is recommended.
F. 
No motion picture shall be exhibited without posting prominently in front of the theater the classification of the type of film to be exhibited as established by the ratings and schedules of the motion-picture industry for the age group for which it is recommended.
G. 
No preview of any film shall be shown, or any scene from such a film, which is restricted to mature audiences on the same program with a film recommended to a family audience as classified by the ratings and schedules of the motion-picture industry.
H. 
It shall be unlawful for any person:
(1) 
To give their age falsely as 18 years of age or over for the purpose of gaining admittance to an exhibition of a film restricted to a young person of such age, as classified by the ratings and schedules of the motion-picture industry.
(2) 
To enter or remain in the viewing room of any theater where a film is being exhibited which is restricted to a young person of such age.
(3) 
To sell, procure for or give any person a ticket to an exhibition of a film restricted to such person.
(4) 
To make any false statements for the purpose of enabling any young person to gain admittance to exhibition of a film when such film is restricted to a young person of such age.
I. 
Nothing in this section shall be construed to regulate public exhibitions preempted by the state law.