Township of Stillwater, NJ
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Stillwater as § 3-4 of the 1971 Revised General Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, Art. III.
Licenses and permits — See Ch. 248.
Littering — See Ch. 253.
Noise — See Ch. 272.
As used in this chapter, the following terms shall have the meanings indicated:
PUBLIC ENTERTAINMENT
Any outdoor shows, gatherings, assemblies, performances, concerts, festivals, dances, theatrical performances, exhibitions or the like for the purpose of amusement or entertainment.
No person shall permit any public entertainment out of doors on any lands or premises owned, leased, occupied or controlled by such person within the Township without first having obtained a license from the Township. This subsection shall not apply to any outdoor public entertainment sponsored by the Township itself or any of its agencies, by the local school district or by any police or fire company organization within the Township which receives financial support from the Township or by any established churches in the Township.
An application for a license shall be signed by the person responsible, filed in triplicate with the Township Clerk and accompanied by the fee. The applicant shall set forth in the application for license the following information:
A. 
The names and addresses of the person 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 public entertainment sought to be licensed.
B. 
The type of public entertainment desired to be conducted, a statement of the purposes of the exhibition or performance, whether for profit or charitable purposes, and, if charitable, a statement of the charities to be benefited.
C. 
A definite and discernible description of the lands or premises sought to be licensed.
D. 
Whether the premises are owned by the applicant or the name and addresses of the lessor or licensor and the term of the lease or license.
E. 
A designation, in acres or square feet, of the portion of the premises intended to be used for the parking of automobiles.
F. 
A map or sketch showing the entire area sought to be licensed and delineating the portion to be used for the parking of automobiles, and further showing driveways or means of access to and from the premises, and the names of all adjoining owners.
G. 
A statement of the number of persons to be engaged in the exhibition or performance and the number of spectators anticipated at the exhibition or performance.
H. 
A fee of $100 shall be paid upon filing the application, to be applied by the Township toward its expense in investigating the application, which fee shall not be refunded whether a license is issued or denied.
Upon filing the application, the Clerk shall promptly refer a copy of it to the Mayor for investigation by the Township Attorney or other designated official in such manner as the Mayor may direct. A written report shall be made to the Township Committee of the results of such investigation within 30 days from the filing of the application.
If, based on the report, the Township Committee deems 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 Township Committee shall set a time and place for hearing which shall be held within 15 days thereafter. Within seven days after the closing of the hearing the Township Committee shall render a determination and if the determination is favorable a license shall be issued, but if the determination is denial of the application then a copy of the determination with the reasons for denying the application shall be served upon the applicant at his mailing address designated in the application.
The license shall be issued by the Township Committee but executed by the mayor and Township clerk. It shall set forth and describe with particularity the place where the public entertainment shall take place and the period of time during which it may continue. The license shall not be issued until all fees have been paid to the Township. It shall be issued subject to all the provisions of this chapter.
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 all personnel and all spectators or members of the audience. All license fees shall be in addition to the fee required to accompany the application. No license fee or portion thereof shall be refunded following revocation or suspension of any license issued.
No public entertainment shall be permitted or licensed if the applicant contemplates a gathering of more than 1,000 persons or if the area allowed for the parking of motor vehicles is less than 50 cars per acre for the anticipated number of cars to be parked on the premises. The anticipated number of cars to be parked on the premises shall be determined by dividing the anticipated number of persons in attendance by three.
A. 
No licensed person shall allow 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 public entertainer shall allow any performer to perform or be displayed in the nude.
C. 
No outdoor public entertainment shall be allowed which shall depict sexually suggestive acts or subjects offensive to public morals and decency.
D. 
No public entertainer shall allow the use of any moving pictures or other media which are obscene, lewd, indecent or offensive to public morals and decency.
E. 
No licensee shall permit any employees or agents of the applicant, or any spectators or other persons on the licensed premises during the period of time licensed to be completely undressed 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 state police and any special police of the Township or any other persons duly authorized by the Township to inspect the licensed premises at any time either prior to or during the period of time licensed, to 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 Township of Stillwater.
G. 
The licensee shall take all proper means to assist in the orderly conduct and presentation of its event and to maintain a flow of traffic and use of the premises without congestion of traffic. For such purpose the licensee shall employ or obtain sufficient personnel to carry out these objectives.
H. 
The licensee shall maintain at his own expense one or more persons responsible for the proper conduct of the licensed event, who shall remain upon the licensed premises at all times during the period in which the license shall be in effect. The name, address and description of the person responsible shall be furnished to the Township before the beginning of the licensed period, and in the event that any change is made, notice of such change with the names and addresses and descriptions of the persons to be substituted shall be furnished to the Township clerk upon at least 24 hours' notice. The mayor or other authorized officer of the Township may require the licensee to introduce the person responsible for the conduct of the event to the mayor or other authorized officer as the Township may designate to the licensee.
I. 
The licensee shall obtain board of health approval of all sanitary facilities.
If any of the provisions of this chapter are violated, the Township Committee, through its authorized officers or agents, may terminate or suspend any license issued hereunder in the following manner:
A. 
The mayor or other person authorized by the Township Committee shall cause a written notice of the alleged violations of this chapter or any other laws involved to be served upon the applicant or any of the agents of the applicant upon the premises, together with a notice of the time and place of hearing to be held, not less than 24 hours after service, directing the licensee to show cause before the Township Committee why the license should not be suspended or revoked.
B. 
At the hearing the Township Committee shall hear all of the evidence offered by the Township and the licensee which is material to the issue and shall make a prompt determination of its findings. If the findings are in favor of the licensee, the charges shall be dismissed, but if the findings are against the licensee, the license issued may be revoked entirely or suspended upon such conditions as the Township Committee may direct. In the event of full revocation, the event licensed shall be terminated immediately, and no further outdoor public entertainment shall be held under the license granted therefor, and any persons remaining upon the licensed premises may be dispersed immediately by any peace officer of the Township and by such other persons as may be properly authorized by the Township.
In the event it reasonably appears to the Township Clerk, or any other official designated by the Township Committee for such purpose, that the number of persons gathered or gathering or waiting entry upon the licensed premises for any outdoor public entertainment licensed hereunder shall exceed 1,000 persons, the Clerk or other authorized official may give notice to the licensee immediately to withhold proceeding with the event licensed and shall then inform the Mayor or Township Committee promptly of this action. The licensee may thereupon request a hearing before the Township Committee forthwith, and the hearing shall be held as promptly as possible.
Whenever notice is required to be given to the applicant or licensee hereunder, 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 his agents upon the licensed premises.
Nothing contained in this chapter is intended to or shall conflict with the provisions of Chapter 205 of the Laws of 1971 (N.J.S.A. 5:11-1 et seq.), which pertains to mass gatherings of substantial numbers of persons.