[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]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
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.
A. 
Upon approval of the application as set forth in § 114-3C, the Borough Clerk shall issue the permit under the seal of the Borough and sign same.
B. 
The permit shall state:
(1) 
The name and post office address of the permittee.
(2) 
The number of the permit.
(3) 
The purpose for which the permit is issued.
(4) 
The period of duration of the permit.
C. 
The permit fee shall be as follows:
(1) 
For circuses, per day: $150.
(2) 
For carnivals and other open air shows and entertainment, per day: $50.
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.