[HISTORY: Adopted by the City Council of the City of Atlantic
City as indicated in article histories. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch.
21, Entertainment Committee, adopted 7-3-1991 by Ord. No. 38-1991,
by amended in its entirety 8-7-1991 by Ord. No. 53-1991.
In general: In this article, the following terms have the meaning
indicated.
The area beginning at Jackson Avenue through Maine Avenue.
By way of illustration and not by way of limitation.
The Department of Mercantile Licenses for Street Entertainers.
Any portion of the Boardwalk that is owned by the City or
habitually used by the public.
A.
In general: The City of Atlantic City and the Mercantile Department
of Licenses are to provide licensure for street entertainers.
B.
Composition. The City of Atlantic City Entertainment and Licensing
Officer is appointed by the Mayor in accordance with the Special Events
Department, or his respective designee, as follows:
It is hereby determined, declared and found that the City of
Atlantic City public Boardwalk is a unique and invaluable social,
economic, recreational and aesthetic resource which requires the attention
of the City of Atlantic City to maintain the character of the Boardwalk
and, in the interest of the public welfare, assure the safety of persons
and property thereupon. Entertainers are permitted to perform on the
public City beach on designated platforms, between the Boardwalk and
a minimum of two feet from the north side of the beach dunes, between
the hours of 10:00 a.m. and 10:00 p.m. No entertainer(s) shall remain
at any said location for more than 10 hours per twenty-four-hour period.
No entertainer(s) shall store, maintain, hide, etc., any of their
property on City of Atlantic City property. All performances shall
be done on the City of Atlantic City built platforms at the locations
more particularly described on the beach as follows:
City of Atlantic City to adopt. The City of Atlantic City Department
of Mercantile Licenses shall adopt rules and regulations to carry
out this article, such that:
A.
An entertainer must be at least 18 years of age.
B.
An entertainer must fill out the street entertainers application
form and submit it along with the application fee of $25 to the Director
of Licensing and Inspections, Miscellaneous Permits and Licenses,
1301 Bacharach Boulevard, Atlantic City, New Jersey 08401 by the date
mandated on the application form.
[Amended 1-27-2010 by Ord. No. 3-2010]
C.
Licenses will be issued by the Board through the Atlantic City Mercantile
Department and must be picked up from that location.
D.
Badges displaying licenses must be worn or displayed while performing.
E.
Licensees may perform only at the locations listed on their license
and at the times indicated subject to lottery and rotation schedule.
F.
No electronic amplified devices will be permitted for performances
subject to noise ordinance levels.
G.
An entertainer may not block the Boardwalk.
H.
An entertainer may not block any entrance to any business or any
ingress/egress point to and/or from the Boardwalk.
I.
The use of any sharp or dangerous weapons, with the exception of
sword swallowers, is prohibited.
J.
Performances should be appropriate for a general audience and profanity
is prohibited. Nudity is not permitted.
K.
The hat for donation collection must remain stationary and is not
permitted to sit on or near the Boardwalk.
L.
The City of Atlantic City reserves the right to revoke a license
at its discretion. Complaints received by the City of Atlantic City
in regards to performances shall be addressed, in writing, by the
entertainer. Failure to do so shall result in loss of license.
M.
The right to perform is subject to other permitted uses which may
take precedence over a street performer license.
No person may perform as a street entertainer without first
having obtained a license to do so from the Mercantile Department
Board of Licenses for Street Entertainers.
A.
In general: In its rules and regulations, the City of Atlantic City
shall specify:
(1)
The types of entertainment that may be performed under the license;
to include the quantity of performances per calendar day;
(2)
The locations or areas for which the license is effective;
(3)
The days and times for which the license is effective; and
(4)
The maximum number of licenses to be issued for a particular location
or area or for a particular day or time of day.
B.
Required considerations: In specifying limitations, the Board shall
consider:
The Board may impose reasonable limitations on any license issued
under this article as necessary or proper to carry out the purpose
and intent of this article.
A.
Form: An application for a license must be made in the form the Board
requires.
B.
Application fee. The application must be accompanied by a nonrefundable application fee of $25 to cover the cost of and processing of the application. Every applicant for a license pursuant to § 21-1 hereof shall be fingerprinted by Sagem Morpho, Inc. To provide for a timely and efficient criminal history background review, the City of Atlantic City will be utilizing the state-police-coordinated, non-criminal-justice fingerprinting process known as "Live Scan." The State of New Jersey has contracted with a vendor, Sagem Morpho, Inc., to perform this service. The company has established permanent sites throughout the state as well as several mobile units available to meet its contractual agreement. Sagem Morpho charges a fee for the fingerprinting for which the applicant will be responsible. There will be an additional fee of $20 payable to the City of Atlantic City, for the processing of the fingerprint documentation required by Sagem Morpho. The Chief of Police or his designee shall conduct a criminal history background check upon any such applicant to determine whether the applicant has been convicted, whether by trier of fact or a plea of guilty, under the laws of the State of New Jersey of an offense involving dishonesty or of a crime of the third degree or above, pursuant to New Jersey law, or under the laws of another state or of the United States of an offense or a crime which, if committed in the State of New Jersey, would be such an offense or crime. No license shall be issued to any applicant found to have a criminal history of conviction of such offenses or crimes. These fees are nonnegotiable.
D.
Verification. The application must be verified before a notary public
or other officer authorized to administer oaths.
A.
Board to issue. The Board shall issue an identification badge for
each license issued.
B.
Form and contents. The identification badge shall be of laminated
plastic or other durable substance and shall bear:
C.
Entertainer to display. Each entertainer must prominently display
the badge while entertaining.
D.
Replacement badges. If a badge is lost, the director shall issue
a replacement badge on payment by the licensee of a fee of $15.
A street entertainer may not:
A.
Authorized suspension or revocation. The Director of the Mercantile
Department or Entertainment and Licensing Officer may suspend or revoke
a license if the licensee violates any provision of:
B.
No more than one entertainer shall perform at an approved location
at the same time.
C.
Mandatory revocation. On a street entertainer's third violation
of any provision, the Board must revoke the street entertainer's
license.
D.
Application following revocation. If a license is revoked, the former
licensee may not apply for a new license until one year from the date
of revocation.
[Amended 11-25-2008 by Ord. No. 104]
Any person who violates any provision of this article or of
the rules and regulations adopted under it is guilty of a misdemeanor
and, on conviction, is subject to a fine of not more than $2,000 for
each offense.
[Adopted 9-16-1992 as Sec. 5 of Ord. No. 91-1992]
[Amended 5-24-2000 by Ord. No. 32-2000]
As used in this article, the following terms shall have the
meanings indicated:
An event permitted either by § 21-20A or B of the City Code open to the public or sponsor's invitees which may involve the sale or distribution of goods, wares, merchandise, food or beverages on the beach (excluding sales of food or beverages), parks, streets or sidewalks of the City and has a public benefit.
An event permitted by § 21-20 of the City Code and open to the public or sponsor's invitees which may involve the sale or other distribution of goods, wares, merchandise, food or beverages on the beach, Boardwalk, parks, streets or sidewalks of the City and which has a public benefit.
[Amended 11-20-2002 by Ord. No. 61-2002]
[Amended 4-8-2015 by Ord.
No. 20-2015]
The Mayor, or his designee, is hereby authorized to issue permits
to individuals, organizations and other entities to conduct special
events and commercial specials events within the public spaces of
the City otherwise prohibited or limited by the City Code; providing,
however, that prior to the issuance of a special event permit, the
City Council Planning and Development Committee shall consent to the
insurance of such special event permit. Determinations of the level
of insurance will be reviewed by taking into account such factors
as the size of event, public safety issues and other factors, such
that will insure that the interests of the City are protected.
[Amended 11-20-2002 by Ord. No. 61-2002]
Special event permits may be issued to allow the activities
and events described below for a period of up to four months, unless
otherwise indicated:
A.
Athletic activities or events;
B.
Art exhibitions, except that those which include the sale of art
works may be allowed on the beach or Boardwalk, only for up to two
days, or allowed elsewhere, only for up to seven days;
C.
Educational or historical displays and exhibits;
D.
Musical or other entertainment activities;
E.
Block parties may be allowed only for up to three days;
F.
Activities by newspapers, magazines, radio or television companies
and other media organizations to promote the City to the general public
or provide entertainment;
G.
Sidewalk sales by licensed merchants on areas immediately adjacent
to the sidewalk frontage of their premises may be allowed on the Boardwalk,
only for up to two days, or allowed elsewhere, only for up to seven
days;
H.
The sale of programs or other printed matter relating to the Miss
America Pageant or a City-sponsored special event from City-approved
booths may be allowed on the Boardwalk only for up to six weeks;
I.
Fund-raising events by charitable, community or like organizations,
which shall provide proof of their not-for-profit status, may be allowed
on the beach or Boardwalk, only for up to two days, or allowed elsewhere,
only for up to seven days; and
J.
Commercial activities or events may be allowed on the beach and may
include or consist of, among other things, any or all of the following:
entertainment activities, athletic events and/or the sale or other
distribution of products, goods, wares, merchandise, crafts, food
or beverages; and may also be allowed elsewhere, but only for up to
seven days; and may not be allowed on the Boardwalk other than at
Kennedy Plaza.
A.
All activities relating to permits granted under this article must
be contained within the limits specified in the application for the
event.
B.
All applicants and permit holders must adhere to standards as set
forth by the Business Administrator, and his/her designees, and all
permits are subject to approval as to feasibility by City departments
where deemed necessary by the Business Administrator and subject to
such other conditions required by the Business Administrator or his/her
designee.
C.
Any permit, including those for a one-day event, may include authority
for a rain date if needed.
D.
No special event permit, other than one issued pursuant to § 21-201
or J, shall authorize the sale of an alcoholic beverage.
[Added 11-20-2002 by Ord. No. 61-2002]
E.
No special event permit shall authorize the sale or other distribution
of an alcoholic beverage in any area of beach leased from the City
without the express prior written consent of the lessee.
[Added 11-20-2002 by Ord. No. 61-2002]
All applicants must provide the following at the time of application
or prior to receiving a permit:
A.
Application upon form approved by the Business Administrator containing
the name and address of the applicant; the person(s) responsible for
conducting the event; the activities to be conducted, including time
and place(s) with exact description of location; whether any sound
amplification or vehicles will be used; and such other information
as the Business Administrator, or his/her designee, shall deem necessary.
B.
Present proof of an insurance policy issued by an insurance company
licensed to do business in the State of New Jersey insuring the sponsor
of the event and the City of Atlantic City against all claims for
damage to property or bodily injury, including death, which may arise
from or in connection with the event. Such insurance shall name the
City of Atlantic City as an additionally insured and shall provide
that the policy shall not terminate or be cancelled prior to its normal
expiration date without 90 days' advance written notice to the
City. The amount of insurance shall be determined by the City Risk
Manager which shall be at limits of combined bodily injury and property
damage liability that are no less than $1,000,000 combined single
limit, evidence of coverage shall be detailed in an insurance certificate
approved as to form by the City's Risk Manager; alternatively,
the applicant may pay to the City an administrative fee equal to the
City's cost of insurance for the event, which fee shall be based
on rates available to the City at the time of the application. If
such insurance is not available to the City or for any particular
event, the applicant shall not have this option. Nothing in this section
shall limit City Council's authority, by resolution, to waive
this insurance requirement or any part of the fee.
[Amended 3-24-2004 by Ord. No. 25-2004]
C.
Waiver of liability and indemnification, where applicable, for use
of City property, and the posting of a bond or other security in an
amount satisfactory to the Business Administrator, or his/her designee,
to provide for repair of property which may be damaged and cleanup
costs after the event.
D.
For all special events including the service of alcoholic beverages,
notice to the Atlantic City Police Department, Alcoholic Beverage
Control Unit, in a form required by that Unit.
[Added 5-24-2000 by Ord. No. 32-2000]
[Added 7-24-2002 by Ord. No. 24-2002; amended 4-8-2015 by Ord. No. 24-2015]
A.
Use of Bader Field and Sandcastle Stadium.
(1)
The use of Bader Field and Sandcastle Stadium as shown on the Tax
Map of the City as Block 794, Lot 1, for parking will be available
for fees. The City of Atlantic City will accept bids in accordance
with the Local Public Contracts Law, N.J.S.A 40A:11-1 et seq., for
the purpose of selecting a Parking Lot Services Operator. The selected
Parking Lot Services Operator will supervise and administer parking
services at Bader Field and Sandcastle Stadium (unless use has been
negotiated in connection with a special event). Unless otherwise negotiated,
the rate to be charged is $10 and not to exceed $20, based upon approval
by the Director and compliance with all City requirements, including
the production of an insurance certificate naming the City as additionally
insured and bearing liability coverage in an amount not less than
$2,000,000. The City shall receive 75% of the parking fees received.
The applicant shall submit a registration report indicating gross
receipts and other pertinent information.
(2)
The use of Bader Field and Sandcastle Stadium as shown on the Tax
Map of the City as Block 794, Lot 1, for parking in conjunction with
a special event may be authorized by the appropriate designee of the
Mayor. Unless otherwise negotiated, the rate to be charged is $10
and not to exceed $20, based upon approval by the Director and compliance
with all City requirements, including the production of an insurance
certificate naming the City as additionally insured and bearing liability
coverage in an amount not less than $2,000,000. The City shall receive
75% of the parking fees received. The applicant shall submit a registration
report indicating gross receipts and other pertinent information.
B.
Both the required fees and the insurance may be waived by resolution
of Council for an applicant who is a bona fide charitable, community
or like organization with proof of not-for-profit status. A waiver
by resolution of Council may also be received if the event is strictly
for a not-for-profit purpose or for a bona fide charitable, community
or like organization with proof of not-for-profit status.
[Amended 11-20-2002 by Ord. No. 61-2002]
In addition to other conditions of this article, a special event
on the beach or Boardwalk shall be subject to the following:
A.
Special event permits issued pursuant to § 21-20B G, H or I which authorize an activity on the Boardwalk may only be issued for three occasions in a calendar year. Special event permits issued pursuant to § 21-20I which authorize an event on the Boardwalk and do not involve the sale of goods, wares, crafts, merchandise, food or beverages may be issued for an unlimited number of occasions in a calendar year.
B.
A special event permit issued pursuant to § 21-20J which authorizes the sale or other distribution of an alcoholic beverage on the beach shall only be issued to an entity which owns a facility with frontage on the Boardwalk between Albany and New Hampshire Avenues and holds a retail alcoholic beverage license from the appropriate government entity with respect to any part of such facility (licensed facility) or leases premises with frontage on the Boardwalk within such licensed facility, and holds a retail alcoholic beverage license from the appropriate government entity with respect to such premises (leased premises); and shall restrict the area for sale or other distribution of alcoholic beverages to the area of beach immediately adjacent to the Boardwalk frontage of the licensed facility bounded by the Boardwalk, the mean high-water line of the Atlantic Ocean, and each end point of the Boardwalk frontage of the licensed facility as extended to the center line of an immediately adjacent right-of-way, if any, and then extended southward at a right angle to Pacific Avenue to such mean high-water line (designated beach). No such leased premises leasee shall be issued a special event permit to sell or otherwise distribute an alcoholic beverage on the designated beach without the express prior written consent of the owner of the licensed facility.
C.
No special event permit shall authorize any event or other activity on any portion of a designated beach as that term is defined in § 21-24B, other than the special event authorized by a special event permit issued pursuant to § 21-20J with respect to such designated beach without the express prior written consent of the owner of the licensed facility, as that term is defined in § 21-24B.
D.
An application for a § 21-20J special event permit shall identify items to be sold and their vendors and the applicant shall provide the City with both a policy of insurance naming the City as an additional insured for an amount of not less than $5,000,000 and a security plan which shall be subject to the approval of the City Police Department. The holder of such a special event permit shall comply with all applicable state and local laws.
B.
No special events permit shall convey any right, interest or title
in any City property to the permit holder, and any permit may be revoked
at any time by the Mayor or his designee for violation of the conditions
for which the permit was issued or when the event is found not to
be in the best interest of the City.
C.
The provisions of § 173-11 regarding licenses for handbills shall not apply to handbills or other items distributed in connection with these events other than for intentional littering, and the provisions of the Land Use ordinance, Chapter 163, shall not apply to temporary signage or temporary structures approved as part of a special event.
[Amended 5-24-2000 by Ord. No. 32-2000]
D.
This article shall not supersede other applicable City ordinances or chapters of the City Code as determined by the City Solicitor including the health and building codes, other pertinent laws and regulations and the mercantile license ordinance in Chapter 170 of the City Code, except as to fees. Special event permits which authorize the sale or distribution of an alcoholic beverage shall be conditioned upon the special event permit holder obtaining all required approvals of all government entities with jurisdiction over the special event prior to any sale or other distribution of an alcoholic beverage.
[Amended 11-20-2002 by Ord. No. 61-2002]
E.
No person licensed as a hawker, peddler or vendor pursuant to Chapter 145 of the City Code shall be eligible for any special event permit for a for-profit special event.
[Amended 11-20-2002 by Ord. No. 61-2002]
F.
This article shall not be construed as affecting the conduct of activities
on private property.
[Amended 5-24-2000 by Ord. No. 32-2000; 11-20-2002 by Ord. No.
61-2002; 7-9-2014 by Ord. No. 37-2014]
A.
The fee for a special event permit issued pursuant to § 21-20J involving the sale or other distribution of an alcoholic beverage shall be $50 per day for each day on which an alcoholic beverage is sold, payable to the City at the Cashier's office during regular business hours of the City. There shall be no fee for any other special event permit.
B.
Special event field rentals.
[Amended 10-1-2014 by Ord. No. 59-2014; 3-2-2016 by Ord. No. 6-2016]
(1)
Equipment rental fees below are limited to special events which do
not exceed 1,000 persons in attendance and last no longer than one
day. Said fees may be waived upon resolution of City Council.
(2)
Fee schedule (four-hour increments).
(i)
Clear recycling containers.
[1]
Rental fee of $15 per container. Fee includes replacement bags,
labor for set and removal, excluding overtime.
|
Personnel Rates of Pay
| ||||
|---|---|---|---|---|
|
After Hours
|
Saturday
|
Sunday
| ||
|
Electrician
|
$79.96
|
$79.96
|
$106.61
| |
|
Laborer
|
$38.80
|
$38.80
|
$51.74
| |
|
Plumber
|
$84.58
|
$84.58
|
$112.78
| |
|
Supervisor
|
$82.09
|
$82.09
|
$109.45
| |
(3)
Any request for equipment setup or standby personnel that exceeds
the regular working hours will constitute additional fees and will
be charged accordingly.
The Business Administrator, or his/her designee, is hereby authorized to use the application form and procedures herein to administer permits for parades, pursuant to Chapter 197 of the City Code, except in case of conflict.
[Amended 11-25-2008 by Ord. No. 104-2008]
Any person or entity who conducts activities regulated by this
article without a permit for a special event or a commercial special
event shall, upon conviction in Municipal Court, be punished by a
fine not to exceed $2,000 or imprisonment for a time not to exceed
90 days, or both. Each day shall constitute a separate violation.
