[HISTORY: Adopted by the Township Council of the Township
of Hamilton as Ch. 42 of the 1994 Code of Ordinances. Amendments noted
where applicable.]
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any facility or premises operated by an individual, partnership,
corporation, association or any other entity where live or electronically
reproduced music is presented or dancing of any type is permitted
which is open to the public at large with or without payment of an
admission fee. Excluded from this definition are facilities or premises
at which the dispensing of alcoholic beverages is permitted pursuant
to the legal use of an alcoholic beverage license or facilities or
premises accessible only to members of an organization with a fixed
and limited membership controlling such facility or premises and not
open to the public at large.
A.
The provisions of this chapter shall apply to all dance and nightclub
facilities, whether operations were established prior to or following
the effective date of this chapter. Dance or nightclub facilities
exempted from the licensing requirements under this chapter shall
comply with all other regulations and requirements set forth in this
chapter.
B.
This chapter shall not be applicable to dances, concerts or other
events conducted by the Township school district or parochial schools
within the Township.
A.
No individual, partnership, corporation, association or other entity
shall maintain or operate any dance or nightclub facility, whether
for profit or otherwise, without first having obtained a license from
the Municipal Clerk in accordance with the requirement contained in
this section. Licenses issued under this chapter may not be transferred
to other persons or other premises.
B.
Licenses shall be required for all events within the definition of
the term "dance or nightclub facility" or not otherwise excluded from
coverage of this chapter which are conducted on a recurring monthly
or more frequent basis.
The fee for a license issued under this chapter shall be as set forth in Chapter 215, Fees, of the Township Code.
A.
Application for a dance and nightclub facility license shall be made
through the application form provided by the Municipal Clerk. Applications
shall include the full name and current address of the owner of the
premises, the full name and current address of the operator or local
managing agent of the dance or nightclub facility, and the name and
current address of the licensee. In the case of a partnership or corporate
owner, operator, managing agent or licensee, the application shall
include the name of each shareholder or partner holding a 10% or more
ownership interest, the principal officers and a brief description
of the nature and purposes of the organization.
B.
All applications shall have affixed thereto an affidavit by the applicant
confirming that all information contained therein is true and correct.
[Amended 12-15-2020 by Ord. No. 20-057]
A.
The Municipal Clerk shall transmit copies of all applications for
dance and nightclub facility licenses to the Chief of the Division
of Police, the Building Inspector, the Township Planner, the Zoning
Officer and the Fire Marshal, who shall investigate the aspects of
the premises and individuals or entities to be licensed in accordance
with their respective jurisdictions, and report back to the Municipal
Clerk, in writing, their findings of fact and recommendations on whether
the license shall issue. The Municipal Clerk shall complete whatever
additional investigation is required by the terms of this section
within a reasonable period of time and, at the completion thereof,
shall either issue the license or reject the application. If the application
is denied, the applicant may appeal to the Township Council.
B.
The Municipal Clerk shall issue a statement of reasons in connection
with any license application rejection.
A.
All license applicants under this chapter shall provide notice of
the application to all owners and occupants of premises within 200
feet of the premises in question, at least five days prior to filing
the application with the Municipal Clerk. Notice shall be given by
personal service or by registered or certified mail, return receipt
requested. The notice shall state that comments or objections regarding
the application are to be filed with the Municipal Clerk within 15
days of service of the notice.
B.
The applicant shall list all individuals or entities receiving such
notice and the means by which notice was provided in the application.
Failure to provide notice or to confirm such notice in the application
is grounds for rejection of the application.
C.
Notice of the license application to the abutting owner or occupants
is not required for premises operated as dance or nightclub facilities
prior to adoption of this chapter, or in the case of application for
renewal of any license issued under this chapter.
A.
A dance and nightclub facility license shall be effective for the
duration of the calendar year, expiring 12:00 midnight on December
31 each year.
B.
License renewal applications are to be submitted to the Municipal
Clerk no later than November 1 of each year and shall be approved
or rejected by December 21 of each year.
No license shall be issued for the operation of any dance or
nightclub facility which is located within 500 feet of any school,
church or publicly owned building or within 1,000 feet of another
dance or nightclub facility. All distances shall be measured between
the nearest lot lines of the respective premises.
Any premises which shall be declared unsafe by the written report
of the Building Inspector or Fire Marshal shall be ineligible for
a license.
Dance or nightclub facilities shall be operated only between
the hours of 8:00 a.m. and 12:00 midnight.
Dance and nightclub facilities shall engage one security officer
for every 100 of maximum load capacity set for the premises in question.
At least one parking space shall be provided for every three
persons authorized by the maximum load capacity set for the premises
of a dance and nightclub facility. If there is not sufficient parking
for the established maximum load capacity, the maximum load capacity
shall be adjusted, based on the available parking spaces, to comply
with the requirements in this section; e.g., number of available parking
spaces times three equals adjusted maximum load capacity.
The consumption of alcohol on the premises of any dance or nightclub
facility licensed under this chapter is strictly prohibited.
A.
Any license issued under this chapter may be revoked or suspended for violation of any of the provisions of this chapter or for any reason listed in § 285-10.
B.
The Township shall institute proceedings for any license suspension
or revocation by service of an appropriate notice at least five days
prior to the effective date of the license suspension or revocation,
and a reasonable opportunity for hearing before the Mayor or his designee
shall be afforded to the licensee prior to the effective date. If
the license is denied the applicant may appeal to the Township Council.
