[Adopted 2-9-2006 as Ch. 35, Art. III, of the 2006 Code of the Borough of
High Bridge]
No person, firm, partnership, corporation or association shall
establish, conduct, operate or maintain, either as owner, manager,
agent or employee, within the limits of the Borough of High Bridge,
any theater for the exhibition of plays, vaudeville or motion pictures
or a combination thereof, or any place wherein a game or games may
be played or other forms of amusement of any kind engaged in; or show,
exhibit, act, represent or perform, or cause to be shown, exhibited,
acted, represented or performed, at any place within the Borough of
High Bridge, for any price, gain, reward, contribution or subscription,
any play of any kind or any concert of music, whether vocal or instrumental,
or both, or any dancing, game or games, trick or tricks, juggling,
sleight of hand, acrobatics, circus, theatricals, moving pictures,
carnivals, traveling shows, fairs, performances or amusements of any
description; or show any beast, bird, menagerie or any curiosity or
curiosities of nature or art, without first obtaining a license therefor
as hereinafter provided.
Any occupant or occupants or other person or persons, corporation,
partnership, firm or association having the possession or care of
any building, place or premises within the Borough of High Bridge
shall not suffer or permit any of the amusements prohibited by the
foregoing section to be carried on, in or upon his, her, their or
its said building, place or premises for any price, gain, reward,
contribution or subscription unless a license therefor shall have
been obtained as hereinafter provided.
No person shall be granted a license hereunder until after a
written application therefor shall have been filed with the Borough
Clerk, setting forth the nature of the license sought, the location
where such amusement is to be conducted or operated, the name and
address of the person, firm, partnership, association or corporation
claiming to be the owner thereof, the name and address of the manager,
superintendent or other person in charge thereof and responsible therefor,
the length of time during which the same will be maintained or operated,
together with such additional information as the Borough Clerk may
require to be set forth in said application. Each application shall
be accompanied by the license fee hereinafter set forth.
A.
Immediately upon receipt by the Borough Clerk of an application for
a license pursuant to the provisions of this article, accompanied
by the license fee as herein provided, the Clerk shall refer the same
to the Chief of Police, or, in his absence, to such officer as shall
then be in charge of the Police Department and acting in the place
and stead of the Chief of Police, for the purposes of making an investigation
and report, as hereinafter provided, relative to the applicant and
the amusement proposed to be licensed.[1]
B.
The Chief of Police, or, in his absence, such officer as shall then
be in charge of the Police Department and acting in the place and
stead of the Chief of Police, shall forthwith after the receipt of
such application from the Borough Clerk proceed to make or cause to
be made such investigation as shall be necessary for the purpose of
enabling him to verify the statements made by the applicant in the
application for a license and, in addition thereto, to ascertain the
reputation of the applicant, of the person, firm, partnership, association
or corporation claiming to be the owner of the amusement sought to
be licensed, and of the manager, superintendent or other person to
be in charge thereof in other communities in which the amusement sought
to be licensed has recently operated or been conducted, and to obtain
such other information relative to the applicant, owner and manager
or superintendent and the amusement sought to be licensed as will
assist the Borough Clerk in determining whether or not the granting
of the license applied for will be contrary to the public interests
and the general welfare of the community. Promptly upon the completion
of such investigation, a written report thereof shall be filed with
the Borough Clerk, which report shall include a recommendation as
to whether or not the license applied for should be granted.[2]
C.
Approval or denial of license.[3]
(1)
Promptly after the receipt and consideration of such investigation
report and recommendation, the Borough Clerk shall determine whether
or not the license applied for shall be issued. Upon the approval
of the application by the Borough Clerk, a license shall be issued,
which shall expire on the date therein fixed, and which license shall
be valid only for the period of time set forth in the application
and for which the fee shall have been paid and only for the place
or location designated in the application. The license shall be mailed
to the licensee by registered mail directed to the address stated
in the application.
(2)
If the Borough Clerk shall determine that the license applied for
should not be issued, the applicant shall be immediately notified
of such determination by registered mail directed to the address given
in the application, and, in such event, there shall be deducted from
the license fee deposited with the Borough Clerk as herein provided
the sum of $10 to defray the cost of the investigation and report
herein directed to be made. The balance of the license fee deposited
shall be returned to the applicant with the notice of refusal of the
license applied for.
D.
No license issued pursuant to the provisions of this article shall
be transferable to any other person, firm, partnership, corporation
or association.
E.
No licensee shall cause, allow, permit or suffer any game of chance
of any character whatsoever to be operated, maintained, played or
otherwise engaged in connection with or incident to the maintenance,
conduct and operation of any amusement of whatsoever nature or character
licensed pursuant to the provisions of this article.
F.
No licensee shall cause, allow, permit or suffer the violation of
any local ordinance or regulation or of any state or federal law in
connection with or incident to the maintenance, conduct and operation
of any amusement of whatsoever nature or character licensed pursuant
to the provisions of this article.
G.
Every license issued pursuant to the provisions of this article shall
be subject to suspension and revocation thereof, as hereinafter provided,
by the Chief of Police, or, in his absence, by such officer as shall
then be in charge of the Police Department and acting in the place
and stead of the Chief of Police. The Chief of Police, or, in his
absence, such officer as shall then be in charge of the Police Department
and acting in the place and stead of the Chief of Police, is hereby
authorized, upon the receipt by him of a signed and sworn complaint
setting forth that a licensee has violated or permitted, allowed or
suffered the violation of any provision of this article, whether such
a complaint shall be made by a police officer or by any other individual,
to forthwith suspend the license then held by the licensee complained
of and to cause the immediate suspension and cessation of all further
operations by the licensee pursuant to such license until such time
as the Chief of Police, or, in his absence, such officer as shall
then be in charge of the Police Department and acting in the place
and stead of the Chief of Police, shall have conducted a hearing on
said complaint and determined either that the complaint is not well
founded or that there is not sufficient proof to warrant him in determining
that the licensee has violated any provision of this article. No hearing
shall be held by the Chief of Police, or, in his absence, by such
officer as shall then be in charge of the Police Department and acting
in the place and stead of the Chief of Police, on any such complaint
until he shall have served upon the licensee, either personally or
by leaving the same with the person then having in charge the management
and operation of the licensed amusement, at least 48 hours' written
notice of the time and place when and where the hearing on the said
complaint will be held. In the event that the Chief of Police, or,
in his absence, such officer as shall then be in charge of the Police
Department and acting in the place and stead of the Chief of Police,
after a full hearing of the witnesses both against and for the licensee,
as well as their counsel, if any, shall determine that the proofs
are such as to convince him that the licensee has violated one or
more of the provisions of this article, he shall immediately revoke
the license. No licensee whose license shall be either suspended or
revoked shall be entitled to any refund of any portion of the license
fee.
H.
Any licensee who shall be aggrieved by the determination of the Chief
of Police, or, in his absence, by the determination of such officer
as shall then be in charge of the Police Department and acting in
the place and stead of the Chief of Police, in revoking his license,
shall have a right of appeal from such revocation to the Council of
the Borough of High Bridge. Such appeal shall be heard by the Council
at either a regular or special meeting at such time and place as the
Council shall determine, on not less than 48 hours' written notice
thereof given by the appellant to the Chief of Police by leaving a
true copy of such notice at the police headquarters with the officer
then in charge thereof. The decision of the Council on such appeal
shall be final.
I.
All licenses issued pursuant to this article shall be accepted by
the licensees subject to all of the provisions hereof.
The following is a schedule of the license fees to be paid pursuant
to the provisions of this article:
A.
Every circus, traveling show, carnival, fair, performance or exhibition of any kind within the provisions of this article, except those mentioned and referred to in Subsection B and Subsection C of this section and in § 116-34 of this article, shall pay a license fee of $100 for each day on which the same is to be open for operation or for exhibition to the public.
B.
Every concert hall, dance hall or place where a game or games or other form of amusement may be engaged in, except those mentioned and referred to in Subsection A and Subsection C of this section and in § 116-34 of this article, shall pay an annual license fee of $50. Whenever any such concert hall, dance hall or place where any game or games or other form of amusement may be engaged in shall be operated for less than one year, a license fee of $10 shall be paid, which shall entitle the licensee to operate the place licensed for a period of not more than 30 days.
C.
Every theater for the presentation of plays, moving pictures or vaudeville
or any combination thereof shall pay an annual license fee of $400.
Every concert, play, entertainment, lecture, lecture course,
dance, baseball, basketball, football and other game or contest and
other form of entertainment or amusement within the provisions of
this article, except a circus, show, carnival, fair or similar performance,
exhibition or activity, which shall be offered, conducted, presented,
produced and performed by the members of civic bodies, public schools
or subdivisions or organizations thereof, fire companies, fraternal,
charitable or religious organizations, or by others on their behalf,
where the entire net proceeds from which shall be wholly devoted to
and used for charitable or philanthropic purposes, shall be and is
hereby exempted from the payment of any license fee required to be
paid under the provisions of this article, but, nevertheless, an application
shall be made and a license obtained therefor as herein required.
[Amended 6-13-2013 by Ord. No. 2013-13]
Any person, firm, partnership, association or corporation who shall violate the provisions of this article or take part in or assist in any violation hereof, or who maintains or controls any building in which or premises on which such violation shall exist or be conducted, shall, upon conviction thereof, be punishable as provided in Chapter 1, Article II, General Penalty.
