Borough of Roselle Park, NJ
Union County
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Table of Contents
Table of Contents
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]
Any corporation, partnership, individual or business entity who violates any of the provisions herein shall, upon conviction, be liable for the penalty in Chapter 1, Section 1-5.
[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]
Any person violating any of the provisions of this section shall, upon conviction thereof, be liable for the penalty stated in Chapter 1, Section 1-5.
[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:
a. 
Name of applicant;
b. 
Residence of applicant;
c. 
Place of business of applicant;
d. 
Address or addresses where each machine or device is to be located.
[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]
Any person violating any of the provisions of this section shall be liable, upon conviction, to the penalty stated in Chapter 1, Section 1-5.
[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]
[1]
Editor's Note: See Chapter 6, Alcoholic Beverage Control.
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]