As used in this chapter, the following terms shall have the
meanings indicated:
AMUSEMENTS AND AMUSEMENT BUSINESSES
Any location, place, building, resort or space, whether covered
or uncovered, which is used to operate or conduct or maintain any
type of show, concert, lecture, go-go dancing, entertainment, cabaret,
performance, exhibition, amusement or resort or a place of entertainment,
amusement or resort or public entertainment which is open to the public
or to which the public is invited or may enter, including premises
used as a clubhouse or club room.
This chapter and the general provisions of Chapter
485, Licenses and Business Regulations, of this Code shall apply to the business of amusement businesses.
No establishment or business that provides music by phonograph,
radio, stereo or music transmitted into the establishment from outside
or from a central source shall be required to obtain a license under
this chapter, unless the amusement or entertainment is accompanied
by a live master of ceremonies, disc jockey or entertainer; in the
latter event, the establishment or business shall then be subject
to the provisions of this chapter.
In addition to the general conditions of this chapter and Chapter
485, Licenses and Business Regulations, of this Code, each licensee hereunder shall be bound by the following listed terms and conditions:
A. No persons, patrons or spectators shall be permitted to occupy premises
which are in excess of occupancy load as stated on license.
B. No place, building or resort hereunder shall have its seating capacity
increased beyond that fixed in the license application and as stated
on the license until such time that the licensee shall reapply for
such increase and such license shall be approved by the Chief License
Inspector.
[Amended 12-8-1983 by Ord. No. MC-1994; 12-10-2019 by Ord. No. MC-5232]
C. No ticket of admission shall be sold or entrance fee charged to any
such place, building or resort in excess of the seating capacity or
occupancy load set forth in such license or application.
D. The Chief License Inspector, the License Inspector, police officers
or any City employee designated by the Chief License Inspector shall
be permitted to enter upon any such place, building or resort to inspect,
count or observe the method of ticket sales or entrance fees charged
or to inspect all tickets or other method of admission to ascertain
that seating capacity and/or occupancy load limits, as approved and
stated on the license and in the license application, have been or
are being conformed to. Where such inspection reveals that holders
of tickets of admission or entrance fees are being permitted to enter
such place, building or resort in excess of the amounts licensed for,
the licensee or person in charge shall be ordered to refuse admittance
and return any fees collected, if any, for such excessive sales or
admissions.
[Amended 12-8-1983 by Ord. No. MC-1994; 12-10-2019 by Ord. No. MC-5232]
E. Holders of licenses issued under this chapter shall make conspicuous
display, at all times, and upon request, such other showing of their
licenses, at the licensed premises, as shall reasonably serve the
purpose of informing properly interested persons or officials that
a currently valid license has, in fact, been duly issued to such holder.
F. No holder of a license under this chapter shall permit any type of amusement, entertainment or activity which shall be deemed to be lewd or lascivious and in violation of any ordinance of the City or law of the State of New Jersey or regulation of the Alcoholic Beverage Control Board of the State of New Jersey. Any violator of this chapter shall be subject to the provisions of §
329-9 and any other penalties or sanctions permitted under law.
No licensee shall operate, conduct or carry on or permit to
be operated, conducted or carried on, in or about any building, grounds
or other place licensed under this chapter, any game of chance, gambling
or gambling device or devices.
No alcoholic beverage shall be sold, served, delivered or consumed,
nor shall any licensee suffer to permit the sale, service, delivery
or consumption of any alcoholic beverages, upon the premises licensed
under this chapter, directly or indirectly, unless those premises
are licensed pursuant to Title 33, Intoxicating Liquors, of the statutes
of the State of New Jersey.
No public amusement or amusement activity licensed under this
chapter shall be permitted to continue operation between the hours
of 3:00 a.m. and 8:00 a.m. of any day, except premises holding valid
liquor licenses.
[Added 4-9-1987 by Ord. No. MC-2289]
It shall be unlawful for any person, as defined in §
485-1 to engage in the activity identified and regulated by this chapter, without first having obtained a license therefor and paid the fee required for such license, both as provided in Chapter
485, Licenses and Business Regulations. Any person engaging in such activity who shall fail to comply with any provision of this chapter or of Chapter
485 shall be in violation of the provisions of this chapter.
[Added 4-9-1987 by Ord. No. MC-2289]
A. Unless otherwise provided in the chapter, penalties against persons violating the provisions of this chapter shall be imposed in accordance with the provisions of §
1-15.
[Amended 10-12-2006 by Ord. No. MC-4234]
B. A separate offense shall be deemed committed on each and every day
for each and every violation of this chapter.
C. A separate offense shall be deemed committed on each day during or
on which a violation or violations occur or continue.
D. The imposition of a fine or imprisonment as punishment for a violation of any provision of this chapter shall not be deemed to be in lieu of any provision of this chapter or of Chapter
485 providing for revocation or suspension of any license issued under this chapter and Chapter
485.