[HISTORY: Adopted by the Township Council of the Township
of Denville by Ord. No. 13/63 (Ch.
4, Sec. 4-4, of the 1978 Revised General Ordinances). Amendments noted
where applicable.]
No person shall maintain, operate, conduct or pursue the business
or occupation of keeping any public place or establishment as a roller-skating
rink without having first obtained a license therefor from the Township
Council.
As used in this chapter:
Skating or performing on roller skates or other wheeled devices
attached to the feet.
Any public place or establishment in which roller-skating
is conducted or carried on.
A short narrow board with two small wheels fixed to the bottom
of either end, on which as a recreation or sport, a person can ride
in a standing or crouching position, propelling themselves by occasionally
pushing one foot against the ground.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. III)]
An application for a license shall be filed with the Township
Clerk, on forms to be furnished by him, which forms shall require
to be included the following information:
A.
The name and address of the applicant;
B.
In the case of a partnership it shall state the names and addresses
of all partners;
C.
In the case of a corporation it shall state the names and addresses
of the officers, directors and all stockholders presently holding
stock and all who for six months prior to the making of the application
have been officers, directors, or stockholders;
D.
In the case of clubs or associations it shall state the names and
address of all officers;
E.
Whether or not the person or persons named in the application have
ever been convicted of a violation of any federal state or municipal
law;
F.
The location of the premises to be licensed.
A.
Upon receipt of an application for a license hereunder the Township
Clerk shall refer the application to the Building Inspector and the
Fire Marshal who shall conduct an inspection and examination of the
premises sought to be licensed. Within 10 days after receipt of the
application by the Building Inspector and the Fire Marshal, they shall
issue a written report to the Township Council as to whether or not
the premises sought to be licensed can be used as a roller-skating
rink with reasonable safety to the public. A copy of such report shall
be sent to the applicant.
B.
In the event that the Building Inspector or the Fire Marshal find
that the premises cannot be operated as a roller-skating rink with
reasonable safety to the public they shall so state in their report
and shall make recommendations for such changes as will remove the
unsafe conditions which they find to exist. Before any license shall
be issued hereunder all such unsafe conditions shall be corrected
in accordance with the requirements of the Building Inspector and
the Fire Marshal.
All licenses herein provided for shall be issued by the Township
Clerk only after a resolution of the Township Council shall have been
adopted approving the application and only after the payment of the
license fee herein provided for.
All such licenses shall be valid from the January 1 in the year
of which the license is issued until December 31 next after the same
is issued, unless sooner revoked.
Such license shall bear the date of issue, the name of the licensee,
the purpose for which issued and the location of the public place
or establishment wherein the licensee is authorized to conduct and
carry on the business or occupation hereby licensed. Such license
shall not be transferable by the holder to any other person but such
license may be transferred by the holder to another address provided
that the licensee shall make written application for the transfer
to the Township Clerk and such transfer is approved by resolution
of the Township Council.
The Township Council may suspend or revoke the license of any
licensee on any one or more of the following grounds:
A.
Violation of any of the laws of the State of New Jersey upon the
licensed premises by the licensee or its agents, servants, employees
or representatives.
B.
Violation of any ordinance of the Township upon the licensed premises
by the licensee, or its agents, servants, employees or representatives.
C.
If the license was procured by fraudulent conduct or false statement
of a material fact or if a fact concerning applicant was not disclosed
at the time of filing where such fact would have constituted just
cause for refusing to issue the license.
D.
Permitting any activity upon the licensed premises which is or may
be detrimental to the public health, safety, welfare or morals.
A.
In all
cases, written notice of the charge and the time and place of hearing
thereon shall be served on the licensee either in person or by certified
or registered mail addressed to the licensed premises. No revocation
or suspension shall occur unless the licensee shall have been offered
an opportunity to be heard in his defense.
B.
In the
event any license is suspended or revoked, the license shall not be
entitled to the return of any portion of the license fee.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
The annual fee to be paid for such license will be set forth in Chapter 245, Fees, Rates and Charges.
Licenses issued hereunder shall be renewed annually and prior
to renewal thereof the licensed premises shall be inspected by the
Building Inspector and by the Fire Marshal who shall issue their written
reports to the Township Council. Any unsafe conditions found by the
Building Inspector or the Fire Marshal shall be corrected in a satisfactory
manner before a license hereunder shall be renewed. Applications for
license renewal shall be received by the Township Clerk on and after
December 1 annually and licenses shall be issued only upon resolution
of the Township Council and only upon receipt of the annual license
fee thereof.
The hours of operation of such roller-skating rinks shall be
between 10:00 a.m. and 11:00 p.m. Monday through Saturday and between
2:00 p.m. and 10:00 p.m. on Sundays.
The license issued pursuant to this chapter shall be conspicuously
posted and displayed in any premises licensed hereunder.
