Editor's Note: See Chapter 4 for the licensing of distribution of advertising materials; alarm devices; filming; gasoline stations; landscapers and lawn maintenance; limousines; massage businesses; peddlers, canvassers and transient merchants; sale or purchase of used jewelry, used electronics, etc.; billboards, taxicabs and towing and storage facilities. See Chapter 2, Section 2-59, Payment of Taxes Required Prior to Issuance of Permit or License. See subsection 2-68.8 for participation in the Borough-wide yard sale.
[1980 Code § 78-1]
As used in this section:
- AMUSEMENT OR ENTERTAINMENT MACHINE OR DEVICE
- Shall mean any machine, contrivance or device which, upon the insertion of a coin, slug, token, plate, disc or key into a slot, crevice or other opening by the public generally, is used as a game, entertainment or amusement, whether or not registering a score, and shall include, without limitation, such devices as marble machines, pinball machines, skillball, mechanical games or video games, operations or transactions similar thereto by whatever name they may be called. Coin-operated pool tables shall not be considered "amusement or entertainment machines" coming within the purview of this definition and section.
- LICENSED PREMISES
- Shall mean the entire premises including, without limitation, all buildings, auxiliary buildings, structures, appurtenant structures, walks, alleys, drives and parking facilities owned or controlled by the operator and/or owner-operator.
- OPERATOR
- Shall mean any natural person, partnership, firm, association, corporation or any other business entity which owns or controls a premises or a location within the Borough in which any amusement or entertainment machine or device is displayed for public patronage or is placed or kept for operation by the public.
[1980 Code § 78-2; New; Ord. No.
2438-2015]
a.
Licensing Fee. The Municipal Clerk shall be paid annually the sum
of two hundred fifty ($250.00) dollars for each amusement, entertainment
machine or device installed on any premises up to a total of five
for a period of one year or any part thereof; for all amusement, entertainment
machine or device licenses in any one location in excess of five up
to a maximum of 15 (i.e., the next 10 amusement, entertainment machines
or devices), the fee shall be the sum of one hundred twenty-five ($125.00)
dollars each for the same period as herein above stated.
b.
Exemption from Payment of Fees. Any subdivision of the Borough of
Roselle Park or the Board of Education shall be exempt from the payment
of any fees set forth herein, upon application by the subdivision
or by the Board of Education to the Governing Body for this exemption.
[1980 Code § 78-3; New; Ord. No.
2438-2015]
There shall be permitted no more than one (1) amusement or entertainment
machine or device for each one hundred fifty (150) square feet of
a public area up to a maximum number of fifteen (15) machines or devices
per licensed premises. The public area shall be deemed not to include
any area used for storage, kitchen, office, counter, walks, alleys,
drive and parking facilities or such other areas contained within
the premises to which the public is not customarily invited or permitted
to occupy. The Construction Official shall determine the maximum number
of square feet in each prospective licensed premises which is subject
to this section. Premises holding plenary retail consumption licenses
and heretofore licensed for video games and/or amusement games are
specifically excluded from the square footage requirements of this
section and shall be entitled to hold at least the same number of
licenses as they held prior to the enactment of this section.
[1980 Code § 78-3.1]
a.
No operator of amusement or entertainment machines or devices shall
permit the operation of any machine or device within the Borough without
first obtaining a license to operate from the Borough Clerk.
b.
The application for the license shall state the following:
1.
The name, date and place of birth, home address and business address,
home telephone number and business address and telephone number of
the applicant, and each of its stockholders, officers and directors
holding in excess of ten (10%) percent of its stock.
2.
The name and address of the registered agent of the applicant or
person upon whom service of process is authorized to be made.
3.
The name, date and place of birth, home address and home telephone
number of the manager or other authorized agent of the applicant who
shall be in charge of or conduct the business of the applicant within
the Borough.
4.
The type, manufacturer, serial number and precise location of each
amusement or entertainment machine or device sought to be operated.
5.
If the applicant is a corporation, there shall be included a corporate
resolution in proper form authorizing the execution of the license
application on behalf of the corporation.
6.
The application shall contain a certification under oath, made by
the applicant or its authorized representative, that the information
contained in the application, and all attachments thereto, is complete,
accurate and truthful to the best of his knowledge and belief.
7.
The application shall state the total number of square footage to
which the applicant customarily invites or permits the public to occupy
and use, but shall not include any area used for storage, office,
kitchen, counter space, walks, alleys, drives, parking facilities
or such other areas to which the public has no access.
8.
A sketch or plan of the proposed licensed premises shall be attached
to the application.
[1980 Code § 78-3.2]
a.
Each operator's license shall be posted permanently and conspicuously
in the licensed premises.
b.
Any operator's license may be amended to evidence the transfer from
one (1) amusement or entertainment machine or device to another similar
machine or device upon application to the Municipal Clerk, giving
a description by type, manufacturer and serial number of such other
machine or device.
[1980 Code § 78-3.3]
Every license issued hereunder is subject to revocation by the
Municipal Clerk should the licensed operator distribute or operate
any amusement or entertainment machine or device contrary to the provisions
of this section or any other law, ordinance, rule or regulation or
fail to cooperate fully with any enforcement officer or agency. Any
material misstatement or omission in the license application or in
any information submitted therewith or the failure to notify in writing
the Municipal Clerk of any changes by addition or deletion or amendment
to the application or information during the term of any license or
renewal shall constitute sufficient ground for revocation of the license
by the Municipal Clerk.
[1980 Code § 78-3.4]
If the Chief of Police has probable cause to believe any amusement
or entertainment machine or device is being used by gambling, such
machine or device may be temporarily seized by the Police Department
and impounded and may be considered as contraband by law.
[1980 Code § 78-3.5]
The Mayor and Council shall have the discretion to waive the
provisions of this section requiring an operator's license with respect
to any church, fraternal or veterans organization or other religious,
charitable or nonprofit organization which operates amusement or entertainment
machines or devices exclusively for the use of its members and the
guests of such members and on premises owned or controlled by it.
[1980 Code § 78-3.6]
[1980 Code § 85-1; Ord. No. 2200 § 2]
The Borough Clerk is hereby authorized and delegated the authority
to approve the granting of raffle and bingo licenses to be held in
the Borough of Roselle Park. The Borough Clerk upon proper application
may issue a bingo and/or raffle license to the bona fide organizations
within the Borough of Roselle Park, which organizations are defined
by New Jersey Statute 5:8-24 et seq.,[1] which statute is incorporated herein by reference and
made a part hereof.
[1]
Editor's Note: The organizations listed in N.J.S.A. 5:8-25
are bona fide organizations or associations of veterans of any war
in which the United States has been engaged, churches or religious
congregations and religious organizations, charitable, educational
and fraternal organizations, civic and service clubs, senior citizens
associations and clubs, officially recognized volunteer fire companies
and official recognized volunteer first aid or rescue squads.
[1980 Code § 85-2; Ord. No. 2200 § 1]
No bingo license shall permit the conduct of the game on the
first day of the week, commonly known and designated as Sunday unless
the license issued specifically permits same. The Mayor and Council
of the Borough of Roselle Park shall, at its option, as the issuing
authority, reserve the right to permit or deny the conduct of a bingo
game on Sunday and to further regulate and control the time at which
the bingo game may commence and terminate.
[1980 Code § 78-4; New]
No person shall publicly exhibit, present or perform, or cause to be publicly exhibited, presented or performed, any traveling or other street show, street exhibition or circus, or conduct any public place of amusement in any place whatever, for any price, gain or reward, other than charitable, social and religious entertainments and festivals, without first obtaining a license therefor as hereinafter provided. Any person who shall publicly exhibit, present or perform, or cause to be publicly exhibited, presented or performed any traveling or street show, street exhibition or circus, or conduct any such public place of amusement without first procuring a license as required by this section, shall be deemed guilty of a violation of this section, and, upon conviction thereof, shall be liable for the penalty established in Chapter 1, Section 1-5.
[1980 Code § 78-5; New]
The Mayor and Council may, in its discretion, grant licenses
for any such traveling or other street show, street exhibition, circus
or public place of amusement. Every license so granted shall be signed
by the Mayor, attested by the Municipal Clerk, and shall set forth
the place where the shows and exhibitions are to be given or where
such public place of amusement is to be located, the time during which
it is to continue and the price of admission.
[1980 Code § 78-6; New]
a.
Every person, on receiving such license, shall pay therefor to the
Municipal Clerk a license fee of five hundred ($500.00) dollars for
every day such license may continue. Any theater or other public place
of amusement in which motion-picture shows or other shows or any theatrical
or other entertainment shall be given for any price, gain or reward
shall be required to obtain a license for each calendar year at the
rate of two hundred ($200.00) dollars per year.
b.
Every person who shall conduct, for any price, gain or reward, any
public place of amusement commonly known as a "miniature golf course"
or "links," in which the game of golf or games similar thereto may
be played, for which a license is granted for a period of not less
than one (1) year, shall pay a license fee of fifty ($50.00) dollars
annually, payable in advance at the time the license may be granted,
together with an application fee of ten ($10.00) dollars payable when
the license is applied for.
[1980 Code § 78-7]
Any person who shall permit his place of exhibition or public place of amusement to become disorderly shall be liable for the penalty stated in subsection 5-3.1.
[1980 Code § 78-8]
No person shall conduct or carry on a pool or billiard room
or pool or billiard parlor or place where this business is conducted
for gain, reward or profit unless the person shall have first obtained
a license for that purpose from the Mayor and Council. This subsection
shall not apply to pool or billiard rooms in residences of private
persons to which the public is not admitted, or to any duly incorporated
club or society, or society formed for charitable purposes.
[1980 Code § 78-9]
A license fee of fifteen ($15.00) dollars shall be charged for
the first pool or billiard table and five ($5.00) dollars for each
additional pool or billiard table in any pool or billiard room or
pool or billiard parlor or place where this business is conducted.
The license fee shall be paid at the time when such license is issued
and shall be for the purpose of revenue. The term of the license shall
be for one (1) year from the date of issuance.
[1980 Code § 78-10]
No license shall be issued to any applicant unless he is a resident
of the Borough or unless the application, which shall be in writing,
shall be presented at a meeting of the Mayor and Council. No license
shall be granted to any applicant unless he either is a citizen of
the United States of America or shall have declared his intention
to become a citizen of the United States of America and has received
a certificate to such effect, such facts to be clearly stated in the
application. The application shall also clearly designate the location
of the proposed place of business and the number of tables to be operated
therein. All licenses shall be issued and signed by the Municipal
Clerk, be impressed with the seal of the Borough, and shall be countersigned
by the Mayor.
[1980 Code § 78-11]
Transfers of licenses authorized by this section shall be granted
by the Mayor and Council, in its discretion, on application, and a
transfer fee of twenty-five ($25.00) dollars shall be charged.
[1980 Code § 78-12]
The applicant is required to be the actual owner of the business
for which he or she seeks a license.
[1980 Code § 78-13]
Any person who installs or permits to be installed any gambling device, or who permits gambling to be conducted in any pool or billiard room or pool or billiard parlor for which a license has been granted, shall, in addition to the penalties prescribed in subsection 5-4.9 of this section, be subject to a revocation of the license granted under this section.
[1980 Code § 78-14]
No pool or billiards shall be played in any place licensed under
this section on the Sabbath or first day of the week, commonly called
Sunday, nor any other day between the hours of 12:00 midnight and
7:00 a.m.
[1980 Code § 78-15]
The Chief of Police shall have supervision over all licensed
places and shall report violations of this section.
[1980 Code § 78-16]
[1980 Code § 78-17]
As used in this section:
- COIN-CONTROLLED AUTOMATIC MUSIC DEVICE OR COIN-CONTROLLED RECORD-PLAYING MACHINE
- Shall mean a machine, device or instrument, the principal purpose of which is to play music from a recorder or other sound- or music-making device upon the insertion of a coin, slug, disk or other consideration.
[1980 Code § 78-18]
No person shall place or maintain or permit to be placed, operated,
used or maintained in any public or quasi-public place or in any building,
store or other place wherein the public is invited or may enter, including
premises used as a clubhouse or clubrooms within the limits of the
Borough, any coin-controlled automatic music device or record-playing
machine without first having obtained a license for each device or
machine. The license shall be affixed to the machine in a conspicuous
place so that it may be easily identified. Any device or machine which
shall not have a license as required affixed thereto shall be deemed
to have been placed, operated, used and maintained in violation of
the provisions of this section.
[1980 Code § 78-19]
The license for the placing, operation, maintenance or use of
coin-controlled automatic music devices or record-playing machines
shall be issued by the Municipal Clerk to and in the name of the owner
of such device or machine. All licenses shall expire on December 31,
annually. The license fee shall be twenty-five ($25.00) dollars for
each coin-controlled automatic music device and each coin-controlled
record-playing machine. A separate license shall be obtained for each
device or machine and shall be affixed thereto.
[1980 Code § 78-20]
The license fee provided for in this section shall not apply
to nonprofit religious, charitable, educational, civic or veterans
organizations, societies, corporations and companies if such organization,
society, corporation or company is the owner of such device. Licenses
issued to any of such organizations shall bear the legend "no fee."
[1980 Code § 78-21]
Applications for licenses shall be made to the Municipal Clerk
upon a form furnished by the Borough and shall contain the following
information:
[1980 Code § 78-22]
Every license issued hereunder shall be numbered and shall disclose
on its face the name and post office address of the licensee to whom
it is issued and the address of the establishment wherein the licensed
device or machine shall be located.
[1980 Code § 78-23]
The holder of a license issued hereunder shall be permitted to transfer such license from any machine to any other like machine operated in the same premises for which the license is issued by removing the license from such machine and affixing it to such other machine. The holder of any license shall be permitted to transfer any license issued from a machine in any establishment to a like machine in another establishment by surrendering the license to the Municipal Clerk and obtaining a new license for that machine for the location to which the license is transferred upon payment to the Municipal Clerk of a transfer fee of twenty-five ($25.00) dollars. Nothing herein shall be construed or interpreted as to permit a transfer by any fee-exempt licensee as provided for in subsection 5-5.4 above to a person not entitled to an exemption. The transfer fee provided for in this subsection shall be waived with respect to organizations qualifying for license fee exemptions.
[1980 Code § 78-24; New]
[1980 Code § 78-25]
The purpose of this section is to provide for the economic and
social welfare, health, peace and morals of the people of the Borough
of Roselle Park, and all of its provisions shall be liberally construed
for the accomplishment of that purpose.
[1980 Code § 78-26]
a.
Definitions. As used in this section:
- CABARET
- Shall mean any room, place or space in the Borough where an admission fee, minimum service charge or cover charge is made and where refreshments of any kind are served for gain or profit, and/or dancing, entertainment or exhibitions are given or permitted in connection therewith, or any room, place or space in the Borough where exhibitions or other forms of entertainment or amusement are given or conducted for gain or profit and dancing and serving of refreshments of any kind are permitted.
- EMPLOYEE
- Shall mean a person employed in any capacity or title in connection with a cabaret, including the licensee and any and all persons responsible for the control or management thereof. It shall include a concessionaire and each person employed by a concessionaire.
- PERSON
- Shall mean natural persons of either sex, firms, corporations, partnerships, associations, joint-stock companies, societies and any other legal entities of any kind capable of being sued, whether acting by themselves or by servant, agent or employee.
b.
Usage. The singular masculine pronoun shall include the feminine,
and the singular number shall include the plural.
[1980 Code § 78-27]
It shall be unlawful for any person to conduct, maintain or
operate a cabaret unless the room, place or space wherein the same
is conducted, maintained or operated is licensed in the manner prescribed
herein.
[1980 Code § 78-28; New]
a.
Any person desiring to procure a cabaret license shall make application
therefor to the Borough Council on a form provided by the Municipal
Clerk's office. This form shall contain the following information:
1.
Name, residence and age of applicant;
2.
Whether applicant is individual, partnership, corporation or other
association;
3.
If a partnership, the name of all persons having an interest in the
partnership, their addresses and ages;
4.
If a corporation, the names, addresses and ages of the principal
officers, directors and managers;
5.
If a corporation, the name of each stockholder, together with the
number of shares held by each and the percentage of total outstanding
shares;
6.
Whether any of the persons named in paragraph a1, 3, 4 and 5 are
citizens of a country other than the United States and the names and
country of citizenship of those who are;
7.
How long each applicant, member of partnership or officer of corporation
has been a resident of the Borough and the places of previous employment;
8.
Whether any person mentioned in paragraph a1, 3, 4 and 5 has been
convicted of a felony or misdemeanor, and if so, the full particulars
thereof;
9.
Whether any person mentioned in paragraph a1, 3, 4 and 5 has engaged
individually as an operator or manager of a cabaret or similar business
within the last five (5) years, and if so, the name of such business,
its address and the length of time such person operated such business;
10.
Whether any person mentioned in paragraph a1, 3, 4 and 5 has ever
had a previous cabaret or similar license revoked or suspended, and
whether such person has been convicted of operating or managing such
a business without a license, and if so, the full particulars thereof;
11.
The name of the cabaret under which the applicant will operate;
12.
The nature of the entertainment or exhibitions to be produced;
13.
The area of the floor space to be used, the number of rooms to be
occupied and the number of entrances and exits;
14.
Whether any part of the premises to be used will be used for a hotel,
rooming house or lodging house, and if so, the full particulars thereof;
15.
Whether any of these persons has ever been convicted of violating
an ordinance or law relating to public morals or decency;
16.
Names and addresses of all employees; and
17.
Proposed location of cabaret.
b.
The application shall be signed and verified by the applicant before
an officer authorized to administer oaths.
c.
The application shall be referred to the Chief of Police, the Fire
Inspector, Health Inspector and Construction Official for proper investigation
of the applicant and the premises. This application shall not be approved
by the Borough Council unless a favorable report in writing from each
of the named officials shall have been received and such applicant
and premises conform to the requirements of this section and all laws
and regulations of the State of New Jersey and the Borough of Roselle
Park. No license shall be granted unless the applicant (or if a corporation,
the holders of a majority of its capital stock) and all persons having
an interest in such business are of good moral character and have
not been convicted of violating laws or ordinances relating to public
morality or decency or to the sale of intoxicating liquor within one
(1) year preceding the date of such application.
d.
If any report of the above-named officials is not favorable, notice
shall be given to the applicant within three (3) days, whereupon the
applicant may appeal to the Borough Council within sixty (60) days
and by competent evidence prove that the applicant (or, if a corporation,
the holders of a majority of its capital stock) and all persons having
an interest in the proposed cabaret are of good moral character, that
none of them has ever been convicted of any of the above-mentioned
offenses as herein provided and that the premises described in the
application comply with the requirements of this section and all laws
and regulations of the State of New Jersey and the Borough of Roselle
Park. If after such appeal the Borough Council shall find from a preponderance
of the evidence that the foregoing facts have been established, it
may, in its discretion, issue such license.
[1980 Code § 78-29]
a.
The fee for each cabaret license shall be one hundred ($100.00) dollars,
payable upon submission of the application. In the event that an application
is denied, fifty ($50.00) dollars shall be refunded to the applicant.
b.
All licenses issued between the first day of January and the 30th
day of June, inclusive, of any year, shall expire on the 31st day
of December of the same year, and all licenses issued between the
first day of July and the 31st day of December, inclusive, of any
year, shall expire on the 30th day of June of the succeeding year.
c.
All licenses granted pursuant to this section shall be renewed annually upon submission of an application, which shall be subject to investigation by any official at his discretion as designated in subsection 5-6.4c.
d.
The renewal fee for such license shall be seventy-five ($75.00) dollars payable upon application for renewal. If such renewal is denied, the applicant may appeal as described in subsection 5-6.4d, and if after such appeal renewal is denied, fifty ($50.00) dollars of the renewal fee shall be refunded to the applicant.
e.
Such license shall not be transferable and shall not authorize the
person to whom it is granted to conduct a cabaret at any other location
than that specified in the application and the license if granted
as herein provided.
[1980 Code § 78-30]
a.
A license may be suspended or revoked by the Borough Council for
violation of this section or upon the grounds that disorderly, obscene
or immoral conduct is permitted on the licensed premises or is occasioned
in the vicinity of such premises as a result of its existence, or
where the same was procured by fraud or false representation of fact.
During such period of suspension or revocation, it shall be unlawful
to use or occupy any portion of such premises as a cabaret.
b.
Notice of its intention to suspend or revoke such license shall be
served upon the licensee of such premises by registered mail. There
shall be included in or attached to such notice a statement of the
facts upon which the violation is charged. The licensee shall then
be entitled to a hearing before the Borough Council within sixty (60)
days. Whenever any license shall be suspended or revoked, no refund
of any unearned portion of the fee shall be made and at least six
(6) months from the time of such suspension or revocation shall elapse
before another license shall be issued for the same premises. If the
license of any premises shall be twice suspended or revoked within
a period of one (1) year, a new license shall not be issued for such
place for a period of at least one (1) year from the date of the second
suspension or revocation.
[1980 Code § 78-31]
Every person licensed in accordance with the provisions of this
section shall immediately post such license and keep the same posted
while in force in a conspicuous place on the premises mentioned in
the application for license.
[1980 Code § 78-32]
Whenever a license shall be lost or destroyed without fault
on the part of the holder or his agent or employee, a duplicate license
in lieu thereof may be issued upon the payment of a fee of ten ($10.00)
dollars.
[1980 Code § 78-33]
a.
Premises licensed hereunder shall not exercise cabaret privileges
between the hours of 1:00 a.m. and 7:00 a.m. However, the Borough
Council, in its discretion, may permit any premises licensed hereunder
to exercise cabaret privileges after 1:00 a.m. on special occasions.
b.
If, for good and sufficient reason, it appears to the Borough Council
that the licensed premises creates a private or public nuisance (alternatively,
unreasonably affects the welfare, health, peace and morals of the
people of the Borough of Roselle Park), it may require such cabaret
privileges to close at 12:00 midnight so as to reasonably prevent
such nuisance.
[1980 Code § 78-34]
a.
No premises in the Borough shall be leased or hired out for the purpose
of conducting cabaret activities thereon for a specific limited period
unless the person intending to lease or hire such premises shall have
applied for and received from the Borough Council a permit to do so.
Such permit shall be issued after the Borough Council is satisfied
that no fraudulent solicitation of moneys, no disorderly or immoral
behavior nor any behavior calculated to disturb the public peace or
safety will be conducted on such premises if the permit is granted.
b.
Application for such a permit shall be made on a form to be provided
by the Municipal Clerk's office. Such permit shall be good for one
(1) day, including those hours of the following day as hereinafter
set forth, and the fee for such permit shall be ten ($10.00) dollars.
c.
A permit issued pursuant to the provisions of this subsection may,
at the discretion of the Borough Council, provide that such cabaret
activities may be continued between the hours of 7:00 a.m. and 1:00
a.m. However, if the cabaret activities are to be carried on beyond
the time of 1:00 a.m., a new permit shall be required for such activities.
[1980 Code § 78-35]
a.
No person owning, managing, operating or conducting a cabaret shall
allow or permit any person employed by him in the capacity of an entertainer
or servant or otherwise to approach or accost any guest to dance with
or have refreshments with such employee during the hours of such person's
employment, nor shall any person in the premises of a cabaret approach
any person who is an employee of the owner or manager or operator
in the capacity of an entertainer or servant or otherwise during the
hours of such person's employment for the purpose of inducing any
such person so employed to dance with or have refreshments with such
guest.
b.
It shall be unlawful for any cabaret to have, permit or maintain
any boxes or booths closed by any door, screen, curtain or other device.
It shall also be unlawful for any cabaret to have, permit or maintain
any box or booth with an entrance thereto in any side other than the
side which faces the center of the main room.
c.
It shall be unlawful for the owner, proprietor, manager or person
in charge of any place licensed under the provisions of this section
to employ as an entertainer in such place any person who is not at
least eighteen (18) years of age and of good moral character.
d.
It shall be unlawful for the owner, proprietor, manager or person
in charge of any place licensed under the provisions of this section,
or for any employee of the place, to harbor, admit, receive or permit
to be or remain in and about any such place any lewd or dissolute
person, any common prostitute, any drunken or boisterous person, any
person under the influence of intoxicating liquor or any person whose
conduct tends in any way to corrupt the public morals.
e.
It shall be unlawful for any lewd or dissolute person, any common
prostitute, any drunken or boisterous person, any person under the
influence of intoxicating liquor or any person whose conduct while
present in this place in any way tends to corrupt the public morals,
to be or remain in or about any place licensed under the provisions
of this section after being notified by the management or a Peace
Officer to leave the premises.
f.
It shall be unlawful for any person to conduct himself in a boisterous
manner or to use any profane, obscene or indecent language in or about
any place licensed under the provisions of this section or the hallways
or entrance thereof.
g.
It shall be unlawful for any person while dancing in any place licensed
under the provisions of this section to assume or maintain any immodest,
lewd or suggestive posture or position which in any way tends to corrupt
the public morals.
h.
After sunset every place licensed under the provisions of this section
shall be lighted or illuminated by either gas or electricity or other
means, provided that the intensity of such illumination shall at no
time be less than three (3) footcandles at a plane three (3) feet
above the floor at all parts of the place, and it shall be unlawful
for the owner, proprietor, manager or person in charge of such place
to admit any patron thereto after sunset until the place is illuminated,
as provided herein. Such lighting or illumination shall be maintained
throughout the entire time during which the cabaret shall be open
or entertaining patrons and until such cabaret shall be cleared and
closed.
i.
It shall be unlawful to give or permit the giving of, in any cabaret,
any entertainment or exhibition of a lewd, suggestive, vulgar or immoral
type, or to use therein any indecent or obscene language or to sing
any song of any lewd or vulgar character or to behave in any manner
tending to corrupt the public morals.
j.
It shall be unlawful for any person to bring into or have in his
or her possession or partake of any intoxicating liquors in any place
designated in this section as a cabaret. This subsection shall not
apply to cabarets where intoxicating liquors may be lawfully sold
under the provisions of the Alcoholic Beverage Control Law.[1]
k.
It shall be unlawful for any person conducting, maintaining or operating
a cabaret within the Borough to suffer or permit any waitress, barmaid,
entertainer or employee who comes in contact with or appears before
patrons of the establishment, or for any other person, to appear in
the presence of such patrons with breasts uncovered in such a manner
that the portion of the breasts below the top of the areola is not
covered with a fully opaque covering, or with the genital or buttock
area uncovered or so thinly covered or draped as to permit one to
see through the same, or to appear or suffer or permit any person
to appear in any scene, sketch, act or entertainment with breasts
or the lower part of the torso uncovered or so thinly draped as to
permit one to see through the same.
l.
It shall be unlawful for any person licensed under the provisions
of this section to permit on the premises any entertainment, amplified
by a mechanical device, of such an intensity, character and duration
as to disturb the peace, tranquility and good order of the people
of the Borough of Roselle Park.
m.
It shall be unlawful for any person licensed under the provisions
of this section to permit any disorderly, noisy, riotous or tumultuous
conduct or loitering about the licensed premises.
n.
It shall be unlawful for the owner, proprietor, manager or person
in charge of any place licensed under the provisions of this section
to refuse admission to any Peace Officer charged with the duty of
enforcing this section. The Officers shall have free access at all
times to any cabaret licensed under the provisions of this section.
[1980 Code § 78-36]
a.
The maximum number of patrons permitted in any cabaret shall be determined
on the basis of one (1) person for each fifteen (15) square feet of
floor area utilized for cabaret activities.
b.
The Construction Official shall determine the maximum number of square
feet in each place which is subject to this section and shall cause
signs to be posted in such place in conspicuous locations designated
by him, stating the maximum number of persons permitted to occupy
such place at any one time. The owner or occupant of such place shall
cause these signs to be posted at the locations designated by the
Construction Official at all times.
[1980 Code § 78-37]
All entrances and exits to the licensed premises shall open
out and remain unlocked while there are patrons on the premises, and
all such exits shall be clearly marked.
[1980 Code § 78-38]
The provisions of this section shall not apply to the activities
conducted in a building or buildings owned by any church, public school,
firehouse or clubhouse which is not conducted for gain or profit and
which is located on a plot of ten thousand (10,000) square feet or
more, or a clubhouse which is not conducted for gain or profit and
which is located on a lot of less than ten thousand (10,000) square
feet if exemption therefor is granted by the Borough Council.
[1980 Code § 78-39]
a.
Any person who conducts a cabaret without a license or permit required by this section, or who makes fraudulent statements on an application therefor, or who, having had his license or permit suspended or revoked, continues to conduct cabaret activities on the licensed premises, shall be guilty, upon conviction, and shall be subject to the penalty stated in Chapter 1, Section 1-5. Each day's continued violation shall constitute a separate violation.
b.
The infraction of any other provision of this section shall constitute
a violation and subject the offender to a fine not to exceed five
hundred ($500.00) dollars or thirty (30) days' imprisonment, or both.
Each day's continued violation shall constitute a separate violation.
[1980 Code §§ 96-1—96-6; repealed by Ord. No. 2505-2017]
