[HISTORY: Adopted by the Township Committee
of the Township of Stillwater as § 3-4 of the 1971 Revised
General Ordinances. Amendments noted where applicable.]
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Nothing contained in this chapter is intended
to or shall conflict with the provisions of state or federal law which
pertain to mass gatherings of substantial numbers of persons.