[Adopted by Ord. No. 136 (Secs. 4-24 through 4-31 of the 1970
Revised Ordinances)]
No circus, carnival or other open-air show or
entertainment shall be produced, carried on or conducted in the Borough
unless a permit therefor has been approved by the Council and the
permit fee paid as hereinafter provided in this article.
A.
The application for the permit shall be filed with
the Borough Clerk and shall state:
(1)
Name and residence or principal office of the applicant.
(2)
Purpose and place for which the applicant seeks a
license.
(3)
Whether or not the applicant has ever been convicted
of any crime or violation of N.J.S.A. 2C:33-1 et seq., or of any violation
of an ordinance of the Borough involving breach of the peace or immorality.
If the answer is in the affirmative, the applicant shall state the
date and nature of each conviction.[1]
B.
The fee for the permit shall be payable with the filing
of the application.
A.
The Borough Clerk shall refer the application to the
Chief of Police.
B.
The chief of police shall make, or cause to be made,
an investigation of the facts stated in the application and an inspection
of the premises in or on which the circus, carnival or other open
air show or entertainment is to be located. The chief shall attach
to the application his report thereon in writing, which shall also
state his recommendation for approval or disapproval with the reasons
therefor.
C.
Upon receipt of said application and police report,
the Council shall either approve or disapprove the issuance of the
permit to the applicant.
D.
No permit shall be approved by the Mayor and Council
or issued by the Borough Clerk if it appears that:
(1)
The applicant is not of good moral character; or
(2)
The premises in or on which the circus, carnival or
other open air show or entertainment will constitute a hazard to the
safety or welfare of the public; or
(3)
The applicant is not qualified to conduct or operate
a circus, carnival or other open air show or entertainment.
The failure of a permittee to produce his permit
and exhibit same to any police officer or authorized Borough official,
upon request, shall constitute a violation of this article.
A.
Any permit issued under this article may be revoked
by the Mayor and Council, after due notice and hearing, for any of
the following grounds:
(1)
False statement in the application for the permit;
or
(2)
Disorderly or immoral conduct in or on the place or
premises covered by the permit; or
(3)
The premises covered by the permit constitutes a hazard
to the health, safety or morals of the public; or
(4)
Violation of the provisions of any applicable state
law or ordinance of the Borough, or of this article; or
(5)
Any cause that would be grounds for a denial of the
permit in the first instance.
B.
In case of emergency and pending the aforesaid hearing,
the Chief of Police or the Health Officer shall have the power and
authority to suspend the permit and close the operation of the show
covered by the permit.
Any permit issued under this article may be
renewed upon the same term and conditions, and upon payment of the
same fees, as is provided herein with respect to the original permit.
[Amended by Ord. No. 742]
Any person who violates any provision of this
article shall, upon conviction thereof, be punished by a fine not
exceeding $500; or by imprisonment for a term not exceeding 90 days,
or both.