As used in this Article, the following terms shall have the
meanings indicated:
APPLICANT
Any operator of an exhibition, show, concert, circus or menagerie
and the proprietor who shall file application for the licensing of
premises in the operation and use for an exhibition, show, concert,
circus or menagerie.
CIRCUS
An exhibition, for any price, gain or reward, of any beast,
animal or collection of beasts or animals, including any exhibition
or similar feat of activity or agility of horses or other animals
or their riders, or both; also includes menagerie.
CONCERT
A musical performance by singers or instrumentalists.
DIRECTOR
The Director of the Department of Community and Economic
Development in the City of Orange Township or his designee.
DIVISION
The Division of Inspections and Licensing in the Department
of Community and Economic Development, City of Orange Township.
EXHIBITION
Any performance, act or play presented on a public stage
or in any public house or room or other place whatever in the city,
for any price, gain or reward, involving music, dancing, photography,
paintings, pictures, panorama, games, tricks, juggling, sleight of
hand or any feat of uncommon dexterity or agility of the body or similar
type of representation; also includes show.
LICENSED PREMISES
The location, store or building or auxiliary buildings, structures
or appurtenant structures owned or controlled by the applicant.
MINOR
Refers to any person under the age of sixteen (16).
OPERATOR
Any owner or lessee of an exhibition, show, menagerie, concert
or circus.
PERSON
Any corporation, association, syndicate, joint-stock company,
partnership, club or society or individual.
PROPRIETOR
The person in whose place of business any such exhibition,
show, menagerie, concert or circus is conducted.
SCHOOL
Any educational institution, public, private, secular or
parochial, which offers instruction of high-school grade or below.
The purpose of this Article is to license, regulate and control
the licensing and use of exhibitions, shows, menageries, circuses
and concerts so as to prevent nuisance to patrons and the public,
hazards or overcrowding or the promotion of loitering or the creation
of an unhealthy atmosphere to the public and the youth of this community
and to review the applicants seeking to maintain and operate such
devices and to inspect the premises where the same are to be located.
No person, whether proprietor or operator, shall operate, maintain
or cause to be operated an exhibition, show, menagerie, circus or
concert on or within any public place, building, store, club, society
or organization without first having obtained a license for the premises.
The applicant for a license and permit under the provisions of this Article shall obtain and file with the Division a written application on the form provided for that purpose, which shall be subscribed and sworn to by the applicant. A separate application must be filed for each location sought to be licensed. No application will be accepted unless accompanied by an application fee, payable in good funds, in the sum set forth in §
88-1, Schedule of fees. The application may be obtained from and the fee paid to the Director. The application shall include the following:
A. The name, address and telephone number of the applicant, whether
proprietor, operator or both, including the trade name by which the
applicant does business and the street address of the premises and,
if incorporated, the name registered with the Secretary of State.
B. The name and address of the registered agent of the applicant or
person upon whom service of process is authorized to be made.
C. Whether a previous license of the applicant or, if applicable, corporate
officer of the applicant has been revoked within two (2) years of
filing of the application and whether the applicant or any partner,
officer, director or stockholder owning more than ten percent (10%)
of the outstanding shares thereof has been convicted of:
(1) A crime defined in the Criminal Code of the State of New Jersey.
(2) A violation of any ordinance involving gambling.
(3) A violation of this Article or its predecessor.
D. The number and type of alcoholic beverages, where applicable.
E. Relevant and material information as may be deemed or reasonably
necessary by the Chief of Police for the full protection of the interests
of the patrons or the public in the operation and maintenance of the
premises and machines.
All licensed premises shall be subject to inspection during
normal business hours by the members of the Police Department and
other representatives of the city.
It shall be unlawful for any proprietor or operator or his agent,
servant or employee to knowingly permit or allow a person under the
legal age for purchasing alcoholic beverages, as established by the
laws of the State of New Jersey, to attend or operate any exhibition,
show, menagerie, concert or circus event licensed and permitted under
this Article when the event is held at any premises where the primary
use is the sale or consumption of alcoholic beverages. No person under
the legal age for purchasing alcoholic beverages shall attend or operate
any exhibition, show, menagerie, concert or circus event described
in this Article when said event is located in the premises where the
primary use is the sale or consumption of alcoholic beverages. For
the purpose of this section, this prohibition shall not apply to restaurants
or a business where the sole or primary use is other than the on-
or off-premises sale or consumption of alcoholic beverages.
No proprietor or operator, by himself, directly or indirectly,
or by any servant, agent or employee, shall permit gambling or the
use, possession or presence of gambling in the operation of an exhibition,
show, menagerie, concert or circus event licensed hereunder or offer,
permit, suffer or allow any prize, free play or return of money on
any such event. No person shall use such event for the purpose of
gambling of any kind.
Licenses issued under this Article shall in no event be transferable
from one person to another, and if a license is terminated in accordance
with the provisions of this Article or upon a voluntary surrender
thereof by the proprietor or operator, there shall be no refund of
any license or permit fee from one place to another.
Any proprietor owning or operating a business lawfully in existence
upon the effective date of this Article shall be deemed to have been
issued a license hereunder, provided that such proprietor and/or operator,
within thirty (30) days after said effective date, submits, on a form
prescribed by the Division, a record of information of such existing
business.
The Division shall be responsible for collection of application,
license and permit fees and renewals therein. Payment by the applicant
upon the filing of an application with the Division shall be so noted,
and the application shall be routed to the appropriate city departments
for review and recommendation or denial.
If any section, subsection, paragraph, sentence or clause of
this Article or any part thereof is for any reason held to be unconstitutional
or invalid or ineffective by any court of competent jurisdiction,
such decision shall not affect the validity or effectiveness of the
remaining portions of this Article or any part thereof.
Neither this Article nor any provision therein contained shall
include or apply to any act which is made a public offense by the
Criminal Code of the State of New Jersey or by any of the laws of
the State of New Jersey or the United States; nor shall this Article
or any provision therein contained authorize or permit or be construed
as authorizing or permitting the keeping, maintaining, possessing,
using or operating in this municipality of any contrivance or device
prohibited by law.
Any person who violated any of the provisions of this chapter
shall, upon conviction thereof, be subject to a fine not exceeding
five hundred dollars ($500.) or imprisonment for a period not exceeding
ninety (90) days, or both.