For the purposes of this Article, the following terms shall
have the meanings indicated:
Any operator of any motion-picture theater.
The Director of the Department of Community and Economic
Development in the City of Orange Township or his designee.
The Division of Inspections and Licensing in the Department
of Community of Economic Development, City of Orange Township.
The location, store or building or auxiliary buildings, structures
or appurtenant structures owned or controlled by the applicant.
Refers to any person under the age of sixteen (16).
Any building wholly or partly within the city within which
motion pictures, cinematograph, sound pictures or videos are shown.
Any owner or lessee of a motion-picture theater.
Any corporation, association, syndicate, joint-stock company,
partnership, club or society or individual.
The person in whose place of business a motion-picture theater
is located.
Any educational institution, public, private, secular or
parochial, which offers instruction of high-school grade or below.
A.
The purpose of this Article is to license, regulate and control the
licensing and use of motion-picture theaters.
B.
The purpose of this Article is to further regulate motion-picture
theaters so as to prevent nuisances to patrons and the public, hazards
of overcrowding or the promotion of gambling, 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
use and to inspect the premises where the same will be located.
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:
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.
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 the 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 fee as herein provided 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.
A.
The license for the operation of a motion-picture theater as defined in this Article shall be issued to and in the name of the proprietor of the premises where the motion-picture theater is located and shall expire on December 31 next following the issuance thereof. The fee for the issuance of such license shall be as provided in § 88-1. Schedule of fees.
B.
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.
C.
The applicant is responsible for maintaining compliance with all
city codes and regulations. Any changes in ownership, use or other
element as noted in this Article as affecting motion-picture theaters
shall be immediately reported, in writing, to the Division.
A.
Each proprietor shall, at all times, display the license granted
herein, which shall be conspicuously posted at the location of the
motion-picture theater 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
to be assigned by the Division.
B.
Motion-picture entertainment may be given in school buildings in
the city, in churches and in the Young Men's Christian Association,
Young Women's Christian Association and the Knights of Columbus buildings
and in the buildings of other similar organizations without payment
of any license fee, provided that a written license for each special
premises shall first be obtained from the Director.
A.
Every license issued under this Article shall be subject to the conditions
that the license is not transferable or assignable, the business or
occupation shall be conducted only at the place therein specified
and the license shall be subject to revocation or suspension for any
cause at any time by the Director and shall expire on December 31
of each year.
B.
Every license issued under this Article shall apply to only one (1)
motion-picture theater, and not more than one (1) license shall be
issued to any one (1) person, firm or corporation.
A.
No license shall be issued under this Article unless the premises
to be used for such motion-picture theater is properly ventilated
and is supplied with sufficient toilet conveniences.
B.
No license for a motion-picture theater shall be issued except to
a person of good moral character.
C.
All motion-picture theaters shall be at all times kept in a clean,
healthful and sanitary condition, and all rooms connected therewith,
as well as all stairways and other passages, shall be kept open and
well lighted, kept clean and free from dust and dirt and shall be
ventilated as directed by the building official.
D.
A license shall be issued under this Article only if, in the judgement
of the Police Department, Fire Department, Inspections and Licensing
Division and any other municipal officials, it is determined that
the premises to be licensed is a safe and proper place for the purpose
for which it is to be used.
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.
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 or permit, 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 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.
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.
