Township of Irvington, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Municipal Council of the Township of Irvington 1-13-1981 by Ord. No. MC 2622 as Ch. 62, Art. V, of the 1981 Revised Code. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform Construction Code — See Ch. 240.
Licensing procedure — See Ch. 290, Art. I.
A. 
No person shall show forth, exhibit or cause to be exhibited in any building within the Town any motion picture, cinematograph, photographic representation or reproduction of any kind whatsoever, using a film more than 10 inches in length, without having first obtained a license for that purpose, as prescribed by this chapter, and which license has not expired or been suspended or revoked at the time of such exhibition; provided, however, that this chapter shall not apply to any such motion-picture exhibition conducted at a private home or at any place where such exhibition or showing is for any charitable, benevolent, religious or educational purpose or where such exhibition or showing is not open to the general public and no admission fee is charged therefor.
B. 
No person being the owner or having the possession of any building within the Town shall suffer or permit any motion picture, cinematograph, photographic representation or reproduction of any kind whatsoever, using films more than 10 inches in length, to be shown or exhibited in, upon or within such building without a license in writing for that purpose first had and obtained, as prescribed by this chapter, and which license has not expired or been suspended or revoked at the time of such exhibition.
All licenses pursuant to this chapter shall be granted upon the resolution of a majority of the Municipal Council and may be revoked in like manner. The Director of Revenue and Finance shall have the power and authority to suspend any such license if, in his judgment, he shall deem it necessary to do so for the protection, safety or welfare of the public. Such suspension shall continue in effect until vacated by a majority of the members of the Municipal Council.
[Amended 1-13-1981 by Ord. No. MC 2622]
All applicants for a license pursuant to this chapter, or a renewal thereof, shall, before presenting their application to the Municipal Council, file with the Chief Building Inspector complete plans and specifications of the building intended to be erected or used for the motion-picture theater. These plans shall show the location of the building and fully and clearly show the location and width of all exits, passageways, fire escapes, aisles, arrangement of seats, the lights and machinery, and also a diagram of the lot or plot showing outlets from all exits.
[Amended 1-13-1981 by Ord. No. MC 2622; 12-29-2009 by Ord. No. MC 3413]
A. 
All applicants for licenses under this chapter, or renewals thereof, shall present to the Municipal Council a certificate from the Chief Building Inspector showing that the plans and specifications as specified in § 593-3 have been filed in his office and that the proposed building conforms to the provisions of this chapter, and a certified check, payable to the Town, in the amount of the license fee required. In the event that the license shall be granted to the applicant, the aforesaid check will be credited on account of the license fee, and if the license shall not be granted, the aforesaid check will be returned to the applicant. For issuing each such certificate as provided in this section, the Chief Building Inspector shall collect a fee for certification of plans and specifications for a motion-picture theater in the amount of $12.
B. 
For every certificate of inspection, as provided for in the laws of the state, the Chief Building Inspector shall collect a fee of $696.
The license required by this chapter, or renewals thereof, shall, after having been granted by the Municipal Council, be issued by the Division of Licensing.
Each license issued pursuant to this chapter shall apply only to one motion-picture theater premises.
[Amended 11-23-1973 by Ord. No. MC 2382]
Every license issued under this chapter shall be subject to the following conditions:
A. 
The license shall not be transferable or assignable except with the consent of the Municipal Council, expressed by resolution.
B. 
The motion-picture exhibition shall be conducted only at the place and upon the premises specified in such license.
C. 
Each day of the week motion-picture exhibitions with X ratings shall be conducted only between the hours of 7:00 p.m. and 12:00 midnight.
D. 
Such license shall be subject to revocation or suspension for any cause at any time.
E. 
Such license shall expire on the first Monday in June next after the issuance thereof, unless sooner revoked.
[Amended 1-13-1981 by Ord. No. MC 2622; 12-29-2009 by Ord. No. MC 3413]
The license fee in the case of every motion-picture theater or complex shall be $427 annually for each viewing screen which license fee shall be paid in full to the Division of Licensing before the license will be issued; provided, however, that if the license is issued between the first Monday in December and the first Monday in June, then the license fee shall be 1/2 the amount prescribed therefor. In the event that the license shall be revoked, no part of such license fee will be returned to the licensee. Such license fee shall be imposed for revenue purposes.
[Amended 1-13-1981 by Ord. No. MC 2622; 12-29-2009 by Ord. No. MC 3413; 10-14-2015 by Ord. No. MC 3553]
Before any person shall erect any motion-picture theater in the Town, he shall obtain a permit therefor as provided for in the Building Code of the Town and a license therefor as required by this chapter. Before any performance or exhibition of motion pictures shall be permitted upon such theater premises, the person holding the license for such theater shall obtain certificates from the Chief Building Inspector showing that the building as erected or to be used for motion pictures is properly constructed, and from the Public Safety Department that the building is properly equipped with fire apparatus and is not dangerous from fire or other causes. For issuing such certificates, the Chief Building Inspector and the Public Safety Department shall collect a fee of $53 for a certificate of occupancy.
[1]
Editor's Note: Note that the Building Code referred to herein was superseded by the adoption of the State Uniform Construction Code Act, N.J.S.A. 52:27D-119 et seq.
[Amended 10-14-2015 by Ord. No. MC 3553]
All motion-picture theaters shall be open at any time for inspection or for other similar purpose to the Chief Building Inspector, the local Board of Health, and the Public Safety Department of the Town.
No pictures shall be exhibited at any motion-picture theater in the Town which shall be immoral, indecent or against the public welfare.
[Amended 1-12-2016 by Ord. No. MC 3562]
At all times when a performance is going on in a motion-picture theater, there shall be a special officer stationed within the building, which officer shall be appointed by the licensee with the approval and under the supervision and control of the Director of Public Safety. The salary of such special officer shall be paid by the licensee.
[Amended 10-14-2015 by Ord. No. MC 3553]
Motion-picture entertainments may be given in school buildings in the Town with the consent, in writing, of the Board of Education, for charitable, benevolent, religious or educational purposes, without payment of any license fee therefor; provided, however, that a written permit for such exhibition or showing shall first be obtained from the Director of Revenue and Finance. In such cases, the requirements of this chapter with reference to motion-picture theaters shall not apply, provided that the Public Safety Department of the Town and the Chief Building Inspector shall first certify that the school building in which the entertainment is to be given is suitable and is so constructed as not to be dangerous from fire or other causes.