It shall be unlawful for any public dance hall, public assembly
hall, nightclub, cabaret, theater, movie house, social club, restaurant
and/or person, partnership or corporation holding a liquor license
occupying any building, buildings or part of buildings to furnish
in or on those premises occupied by the aforesaid establishments entertainment
of any kind or nature, whether or not an admission charge, cover fee
or minimum is charged, without first obtaining a license therefor
from the Mayor and Council. The license shall be required whether
the entertainment is to be performed on a one-time, sporadic or regular
basis. It is the obligation of the person, partnership, corporation
or entity holding the liquor license to obtain this entertainment
license.
No licensee shall engage in or shall allow, permit or suffer
any person employed to perform dancing or other entertainment in or
upon the licensed premises or to carry on any part of such dancing
or other entertainment in a lewd, licentious or lascivious manner.
No licensee shall engage in or shall allow, permit or suffer
any person to appear on the premises of any establishment licensed
for entertainment in any act, scene, sketch or other form of entertainment,
including dancing, for the benefit of patrons, with either or both
breasts or the lower part of the torso uncovered or so thinly covered
or draped so as to appear uncovered, such as in the manner of topless
or bottomless dancing.
No licensee shall employ, allow, permit or suffer any waitress,
waiter, bartender, barmaid or any other person employed by the licensee
for a purpose other than providing entertainment, if such person comes
in contact with or is likely to come in contact with the patrons of
said licensed establishment, to appear in the presence of such patrons
with either or both breasts or the lower part of the torso uncovered
or so thinly covered or draped so as to appear uncovered.
No licensee shall engage, employ, allow, permit or use entertainers
under the age of 21 years.
No licensee shall employ, allow, permit or suffer in and upon
the licensed premises any person to perform for hire or for the entertainment
of patrons any dances, ballet, acrobatics or public performance of
any kind which:
A. Has as a dominant theme appeal to a prurient interest in sex.
B. Is patently offensive in its affront to contemporary local community
standards relating to sexual matters.
C. When taken as whole, lacks serious artistic value.
Any permit issued under this article may be revoked by the Borough Council if the Borough Council shall determine that there are reasonable grounds upon which to revoke any such permit, such grounds being the same grounds upon which the Council may refuse to consent to and approve the issuance of such license as set forth in §
63-17 above. It shall cause a notice to be served, in writing, upon the licensee or other person in charge of the premises for which such license has been issued, citing the licensee to appear before the Borough Council at the time and place designated in the notice to show cause why such license should not be revoked. Notice may be served upon the licensee by personal service or by registered or certified mail addressed to the licensee's last known address. The hearing shall be not less than 10 days from the date of service of the notice. The licensee shall be afforded a hearing before the Council prior to the final revocation of the license.
The fee for the entertainment license shall be $25 per year
or any part thereof. The fee shall accompany the application for the
license. All licenses shall run from July 1 and expire on June 30
of the next succeeding year of their issuance.