For the purposes of this Article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
APPLICANT
Any operator of a premises who shall file application for
the licensing of said premises in the operation and use of a dance
hall.
DANCING
Shall not apply to exhibitions or performances in which the
persons paying for admission do not participate.
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.
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 a dance hall who maintains the same
in any one (1) place of business which is not his own or under his
direct control to be played or operated by the public.
PERSON
Any corporation, association, syndicate, joint-stock company,
partnership, club or society or individual.
PROPRIETOR
The person in whose place of business any such mechanical
device or amusement machine is placed for the use, amusement, patronage
or recreation of the public or persons in or about said place. Exempted
from this regulation are businesses or premises which use amusement
or mechanical devices for display purposes only.
PUBLIC DANCE
Any dance in which the public generally may participate,
either with or without the payment of a fee, wardrobe charge or otherwise.
PUBLIC DANCE HALL
Any room, space or place in which dancing is carried on and
which is opened to the public generally and to which admission may
be had, either with or without the payment of a fee, wardrobe charge
or otherwise.
SCHOOL
Any educational institution, public, private, secular or
parochial, which offers instruction of high-school grade or below.
No person, whether proprietor or operator, shall place, rent,
hire, occupy, maintain or operate any dance hall within any public
place, store, building, 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 the application and whether the applicant or any partner, officer,
director or stockholder owning any more than ten percent (10%) of
the outstanding shares thereof has been convicted of:
(1) A crime as 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 beverage licenses, 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 the duty of the Fire Chief and Chief of Police or
their designees to order and cause any dance hall or place where any
public dance is to be held to be vacated whenever, in his judgment,
any provision of this Article is being violated therein or whenever
any indecent act shall be permitted or whenever any disorder shall
take place therein. When such an action occurs, a full written report
shall be made and submitted to the Division by the appropriate municipal
official.
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 dance or attend a dance at any
public dance hall 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 in the
operation of a dance hall.
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 fee heretofore paid.
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
and license fees and renewals therein. Payment by an 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 renewal 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 the keeping,
maintaining, possessing, using or operating in this municipality of
any contrivance or device prohibited by law.
Any person who violates 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.