For the purposes of this Article, the following terms shall
have the meanings indicated:
APPLICANT
Any operator of any motion-picture theater.
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 of 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).
MOTION-PICTURE THEATER
Any building wholly or partly within the city within which
motion pictures, cinematograph, sound pictures or videos are shown.
OPERATOR
Any owner or lessee of a motion-picture theater.
PERSON
Any corporation, association, syndicate, joint-stock company,
partnership, club or society or individual.
PROPRIETOR
The person in whose place of business a motion-picture theater
is located.
SCHOOL
Any educational institution, public, private, secular or
parochial, which offers instruction of high-school grade or below.
No person shall show, exhibit or cause to be shown or exhibited
in any building wholly or partly within the city and to which such
building an entry or admittance fee is charged or exacted from the
patrons any motion pictures, cinematograph, sound pictures or videos
without first having obtained a license for that purpose from the
Director.
The applicant for this license 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 or permit 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 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 motion-picture theater to be
vacated whenever, in his judgement, any provisions of this Article
are 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 attend a motion-picture theater
show. 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 a motion-picture
theater.
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 thereof. 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 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 of 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 of 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 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.