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.
A. 
Upon the filing of an original application and/or renewal, the Police Department shall make an investigation of the premises and the applicant to determine the truth of the facts set forth in the application as well as the applicant's business responsibility and moral character as is deemed necessary for the protection of the public good.
B. 
Prior to issuance of any license or permit, the Police Department, Fire Department, Inspections and Licensing Division or such other subcode officials, where applicable, as may be deemed necessary shall conduct an investigation of the premises to determine whether the applicant fully complies with the pertinent ordinances and regulations of the City of Orange Township.
C. 
The recommendation or denial of each appropriate municipal official in the Police Department, Fire Department and Inspections and Licensing Division, as the case may be, must be submitted, in writing, to the License Clerk, Inspections and Licensing Division, within twenty (20) days of the date the application was filed.
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.
A. 
The Director shall review the application and investigation report of each applicant. Based upon the recommendations of the appropriate municipal officials and all relevant facts, the Director shall approve or deny the application.
B. 
If the applicant is approved, the Director shall issue the necessary license upon the receipt of a license and permit fee or fees as herein approved in § 88-1, Schedule of fees, of the Code of the City of Orange Township. The appropriate fee shall be paid to the Division prior to issuance of a license.
C. 
If the applicant is disapproved, the Director shall set forth the reasons for the denial. In the event of an appeal from a denial or disapproval, the applicant shall give written notice to the City Clerk of his intention to appeal, which must be made within fifteen (15) days of the notice of the denial. The appeal shall be by written request by the applicant to the City Council and shall set forth the basis for the applicant's objection to the denial and reasons why the license should be approved. Any municipal official recommending denial shall then submit a written report to the City Council to be considered as evidence with respect to the hearing.
D. 
Upon hearing, the City Council may reverse, modify, in whole or in part, or may affirm the decision. The hearing shall be in the nature of an administrative proceeding, and the applicant shall bear the requisite burden of proof to overcome the denial or disapproval of issuance of the license or permit.
A. 
The owner, occupant or other person having the possession, care, custody or control of any house, building, theater, room or parcel of land within the city may be authorized to permit therein shows, plays, exhibitions, concerts, dancing and other performances such as are referred to in this Article by a written license issued by the Director for a period expiring on December 31 next following issuance thereof for a license fee as provided in Chapter 88, Fees, provided that when any theater or other building or parcel of land is located partly within the limits of an adjoining municipality from which a license for the same purpose has also been obtained, the Director may issue a license for a period expiring December 31 next following issuance for a license fee as provided in Chapter 88, Fees.
B. 
Every license shall distinctly specify the place licensed and shall not take effect until such license fee is paid.
C. 
When such license has been obtained, it shall, while it remains in force, be in lieu of the licenses alluded to in this Article so far as any performances or exhibitions given at the place so licensed are concerned.
D. 
A license may be renewed annually by filing such renewal application on or before November 1 of the following year on a form prescribed by and directed to the Division. Such renewal application shall not be filed with the Division until payment has been made of the appropriate fee for the renewal thereof. The Police Department shall investigate the renewal application and make a recommendation on reissuance or denial.
E. 
The applicant is responsible for ongoing compliance with all city codes and regulations. Any changes in ownership, use or other element as noted in this Article as affecting exhibitions, shows, menageries, concerts and circuses shall be immediately reported, in writing, to the Division.
F. 
The fee for filing a renewal application and renewal of license shall be as provided in § 88-1, Schedule of fees, of the Code of the City of Orange Township.
A. 
Each proprietor shall, at all times, display the license granted herein, which shall be conspicuously posted at the location in the premises where the exhibition, show, menagerie, concert or circus is held and shall not be removed from that location during the period for which said license is issued. The license shall set forth the name and address of the proprietor and the license number as assigned by the Division.
B. 
Every license so granted shall also specify the place of such exhibition or performance and the time or number of days during which it may continue, and such license shall not take effect until the license fee has been so paid.
C. 
All entertainments given by any organized society or body of persons belonging to the city or which may be given for any charitable purpose or for the benefit of any school or church of the city or of any town or township contiguous to the city shall be exempt from a tax or license fee.
D. 
The exemption from the tax or license fee shall apply only to such entertainments the entire proceeds of which are devoted to charitable purposes or to the benefit of any such school or church and shall also apply to any amateur, dramatic or literary associations within 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.
A. 
Any time after granting said license, the Director, in the reasonable exercise of his discretion and for good cause, may cause the suspension or revocation of any license, including but not limited to misrepresentation of the information supplied in the application for such license or renewal thereof, conviction of a crime or violation of any ordinance or regulation affecting the health, welfare and safety of the patrons and the public, or the conduct and maintenance of the licensed premises fostering gambling, obscene and loud language disturbing to the public or to other patrons of the premises or creating public nuisance, excessive noise, litter, traffic or rowdiness by patrons, or violation of a statute involving gambling or a violation of this Article.
B. 
A person whose license is revoked or suspended shall be afforded the right to a hearing before the City Council and the right to be represented by counsel and to call witnesses at such a hearing. The Police Chief, Fire Chief and other appropriate municipal officials shall present written reports and testimony as evidence against the licensee. The governing body shall render its decision by a majority vote in the form of a resolution within thirty (30) days after completion of the hearing unless there is an extension of time agreed to by both the appellant and the City Council.
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.