[HISTORY: Adopted by the Township Committee of the Township
of Raritan 10-11-2000 by Ord. No.
00-27 (Ch. 8.28 of the 2000 Code). Amendments noted
where applicable.]
No person, partnership, corporation, organization or group shall
promote, advertise, operate, conduct or participate in any public
or quasi-public exhibition, demonstration, show, festival, parade,
dance, theatrical performance or similar planned event or other indoor
or outdoor assembly of persons to which 500 or more people at one
time are directly or indirectly invited to attend, unless the person,
partnership, corporation, organization or group promoting, advertising,
operating or conducting the same shall first have obtained a license
from the Township in the manner and upon the conditions in this chapter.
A.
A written application for a license
hereunder shall be signed by the person, persons or parties conducting
the event and filed in triplicate with the Clerk of the Township,
accompanied by the fee payable hereunder.
B.
Contents. The applicant shall
set forth in the application for a license the following information:
(1)
The names and addresses of the person or persons or, in the case of a corporation, the names and addresses of the president, vice president, secretary, treasurer and directors or trustees responsible for conducting or participating in the event described in § 193-1;
(2)
The type of licensed event referred to in § 193-1 desired to be conducted and a statement of the purposes of such activity, whether for pecuniary profit or charitable purposes and, if charitable, a statement of the charity or charities to be benefited;
(3)
The proposed location and
the premises or portion thereof available for such event;
(4)
Whether the premises are owned
by the applicant or, if not owned, the name and address of the lessor
or licensor and the terms of the lease or license;
(5)
A designation of the premises
or portion thereof, or other areas, intended to be used for the parking
of automobiles, including a statement in square feet of the area to
be devoted for this purpose;
(6)
A map or sketch showing the
entire area sought to be licensed and delineating thereon the area
to be used for the parking of automobiles and further showing driveways
or means of ingress and egress to and from the premises and the names
and addresses of all property owners adjoining the premises on which
the event will be conducted and/or the area to be used for parking
purposes;
(7)
If applicable, a statement
of the number of persons to be engaged as performers in the event
sought to be licensed;
(8)
A statement of the reasonable
projected number of persons who are anticipated to watch, observe
or attend the event sought to be licensed;
(9)
A statement of the locations
where the applicant has promoted, operated or conducted similar events
within the last five years;
(10)
A description of the existing
or proposed additional sanitary and water facilities, which shall
be sufficient to accommodate the number of persons reasonably projected
to attend the event;
(11)
A plan for the safe handling
and sale of food and beverages and proof of the availability of means
to provide sufficient food and beverage to ensure the health and well-being
of the projected number of persons expected to attend the event;
(12)
A plan for medical and similar
facilities which the applicant intends to provide in view of the projected
number of persons expected to attend the event;
(13)
Annexed to such application
shall be the written permission of the record owner or owner of the
premises intended to be used or, if the same is owned by the State
of New Jersey, the Township or another governmental unit, then the
written permission of the officer or agent having authority to permit
the use of such premises for the purposes stated above.
A.
The applicant shall pay a nonrefundable application fee as provided in Chapter 245, Fees, § 245-4, to the Clerk of the Township upon filing an application for a license as provided hereunder to compensate the Township for its expense in processing the application.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Insurance requirements.
(1)
The applicant shall submit
to the Clerk of the Township, with the application, a written commitment
from a responsible insurance company, licensed to do business in the
State of New Jersey, indicating that the applicant will be insured
in the minimum amount for the following occurrences:
(a)
On account of liability
for accidental injury to one person: insurance in the amount of $500,000;
(b)
On account of liability
for accidental injury to two or more persons: insurance in the amount
of $1,000,000;
(c)
For property damage to
public property or private properties other than the site in question:
insurance in the amount of $200,000.
(2)
Where it shall appear that
the nature or size of the event or existence of other applicable insurance
will not reasonably require the limits hereinabove above related,
the Township Committee may set lesser limits or accept such evidence
of other insurance or financial responsibility as will reasonably
afford protection to the participants of the event and the general
public.
A.
The Municipal Administrator of
the Township shall, upon receipt of the application, refer a copy
of the application promptly to the Chief of Police, Land Use Enforcement
Officer, Construction Official, Board of Health and the Volunteer
Fire Department, in order that each might complete and submit to the
Township Committee an investigation report and recommendation which
shall include the following:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1)
The Chief of Police shall
cause to be investigated and shall report upon the following:
(a)
Background of the applicant
and the factual accuracy of the application;
(b)
The extent to which the
proposed event may adversely affect the health, safety or welfare
of the persons attending the event or the general public;
(c)
The extent to which, if
any, the event sought to be licensed shall require additional police
activity in order to protect the public health, safety and welfare;
(d)
The adequacy of the proposed
parking and traffic control plan;
(e)
Such other matters as may
reasonably be required by the nature and size of the proposed event
or as may be directed by the Township Committee.
(2)
The Land Use Enforcement Officer
and Construction Official shall cause to be investigated and shall
report upon the following:
(a)
The extent to which the
event may adversely affect the health, safety or welfare of the persons
attending the same or the general public;
(b)
The extent to which the
nature of the event and its operations would promote violations of
municipal ordinances;
(c)
The adequacy of any structure
which is anticipated to be used in connection with the event;
(d)
Such other matters as may
reasonably be required by the nature and size of the proposed event
or as may be directed by the Township Committee.
(3)
The Health Officer of the
Board of Health shall cause to be investigated and shall report upon
the following:
(a)
The factual accuracy of
the application as it pertains to sanitary and health facilities;
(b)
The adequacy of the provisions
for sanitary facilities, water and the dispensing of food and beverages;
(c)
Such other matters as may
reasonably be required by the nature and size of the proposed event
or as may be directed by the Township Committee.
(4)
The Volunteer Fire Department
shall cause to be investigated and shall report upon the following:
(a)
The factual accuracy of
the application as it pertains to the sufficiency of any structure
to contain the number of persons anticipated to attend the event;
(b)
The extent to which the
nature of the event, with respect to fire control, may adversely affect
the health, safety and welfare of the persons attending the same or
the general public;
(c)
Such other matters as may
reasonably be required by the nature and size of the proposed event
or as may be directed by the Township Committee.
B.
The above reports shall be in
writing and shall contain a statement of recommendations and the reasons
therefor. Each report shall be filed with the Township Clerk at least
five days prior to the meeting at which the application is to be considered
and shall be available for inspection by the applicant and the general
public.
A.
The applicant shall be required
to comply with the following minimum requirements as conditions for
the issuance or maintenance of any license issued hereunder:
(1)
Separate enclosed toilets
for males and females, meeting all state and local specifications
and conveniently located throughout the grounds, sufficient to provide
facilities for the maximum number of people to be assembled at the
rate of at least one toilet for every 200 females and at least one
toilet for every 300 males, together with a sufficient sanitary means
of disposing of the waste matter deposited which is in compliance
with all state and local laws and regulations. A lavatory with running
water under pressure and a continuous supply of soap, paper towels
and toilet paper shall be provided with each toilet.
(2)
Medical or first-aid facilities
shall be provided sufficient to accommodate the projected number of
persons expected to attend the event. There shall be a minimum of
one doctor in attendance, with additional medical personnel provided
where required.
(3)
A parking and traffic control
plan for the number of persons projected to attend the event must
be formulated, which plan must be sufficient to ensure a free flow
of traffic and make available rapid access for emergency vehicles.
Further, the applicant shall provide adequate off-street parking facilities
on the site or within 1,500 feet thereof to accommodate the projected
number of persons expected to attend the event. For this purpose,
a "parking space" shall be deemed to be any space designated on a
prior approved site plan or an area having a width of 10 feet and
a depth of 20 feet bordering on an access lane which shall have a
minimum width of 25 feet.
(4)
A free parking area inside
the assembly grounds sufficient to provide parking space for the maximum
number of people to be assembled at the rate of at least one parking
space for every four persons.
(5)
If the event is to be conducted
outdoors and involves the amplification of sound on a continuous basis,
the location of the performance shall be at least 1,500 feet from
the nearest residential dwelling.
(6)
If the assembly is to continue
during the hours of darkness, illumination sufficient to light the
entire area of the assembly at the rate of at least five footcandles,
but not to shine unreasonably beyond the barriers of the enclosed
areas of the assembly.
(7)
A sanitary method of disposing
of solid waste in compliance with state and local laws and regulations,
sufficient to dispose of the solid waste production of the maximum
number of people to be assembled at the rate of at least 2 5/10
pounds of solid waste per person per day, together with a plan for
holding and a plan for collecting all such waste at least once each
day in the assembly, and sufficient trash cans with tight-fitting
lids and personnel to perform the task.
(8)
Security guards, either regularly
employed, duly sworn off-duty New Jersey peace officers or private
guards licensed in New Jersey, sufficient to provide adequate security
for the maximum number of persons assembled at the rate of at least
one security guard for every 250 people.
B.
The applicant shall be required to comply with such other conditions as shall be imposed by the Township Committee upon the issuance of a license after receiving those reports provided for in § 193-4 and which such conditions shall be reasonably related to the protection of the public health, safety and welfare.
A.
The Township Committee shall set a time and place for a hearing on the application, which shall be held within 45 days of the date on which the completed application is filed with the Township Clerk. The Township Committee shall direct the Township Clerk to publish a legal notice to the general public indicating the time, date and place of the hearing, which notice shall be published not less than three days nor more than 10 days prior to the established hearing date. At the hearing, the applicant, officials reviewing the application pursuant to § 193-4 and the general public may offer such evidence as relates to this application. Within seven days after the closing of the hearing, the Township Committee shall render a determination on the application, and, if the determination is favorable, a license shall be issued through the Township Clerk. In the event that the determination shall be a denial of the application, then a copy of the determination, with the reasons denying the application, shall be served upon the applicant at the mailing address designated in the application.
B.
The Township Committee may grant
the license for which application is made, subject, however, to such
conditions as are reasonable and appropriate so as to ensure the health,
safety and welfare of the persons anticipated to attend the event
as well as the general public.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
The license authorized to be issued
shall be issued by the Township Committee and executed by the Mayor
and the Township Clerk.
B.
The license shall set forth and describe with particularity the place where the event is to be conducted and the period of time during which it may continue. Licenses issued shall be for one day only; provided, however, that under special conditions the Township Committee may approve a license for a period of not more than three days. The applicant shall pay a license fee as established in § 193-8 for each and every day involved.
C.
The license herein authorized
shall not be issued until all fees set forth herein have been paid
to the Township Clerk or other Township official as provided for in
this chapter.
D.
Any license authorized to be issued
hereunder shall be issued in accordance with all provisions of this
chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
No person or party licensed hereunder
shall allow, suffer or permit any exhibition, performance or gathering
of persons to be conducted for any unlawful purpose or in any unlawful,
disorderly, obscene or lewd manner.
B.
No person or party licensed hereunder
shall allow any performer to perform or to be displayed in the nude.
C.
No person or party licensed hereunder
shall permit any employees or persons attending the event to completely
undress, go about in the nude or become undressed or go about in a
lewd, obscene or indecent manner.
D.
No alcoholic beverages shall be
sold, served or consumed unless a proper license is obtained.
E.
The licensee shall allow the Police
Department of the Township or any persons duly authorized by the Township
to inspect the licensed premises, or any part thereof, and the performances
of any event conducted by the licensee, at any time prior to or during
the licensed event.
F.
The licensee shall take all proper
means to assist in the orderly conduct and presentation of its event,
to maintain a flow of traffic and use of the premises for the health,
safety and welfare of the persons attending the event, as well as
the general public. For this purpose, the licensee shall employ or
obtain sufficient personnel to carry out these objectives.
G.
The licensee shall maintain, at
its own expense, one or more persons or agents responsible for the
proper conduct of the event who shall remain upon the licensed premises
at all times during the period in which the license shall be in effect.
The name, address and description of the person, persons or agents
responsible shall be furnished to the Township Clerk before the beginning
of the license period, and in the event that any change is made in
the person, persons or agents responsible herein, notice of such change
with the names and addresses and descriptions of the persons to be
substituted shall be furnished to the Township Clerk at least 24 hours
prior to conducting the licensed event. The Police Department or any
other authorized officers or agents of the Township may require the
licensee to introduce the person, persons or agents responsible for
the conduct of the licensee's activities at least 24 hours prior to
the licensee conducting the event.
H.
No licensee shall violate or suffer
or permit the violation of any term or condition of any license issued
under this chapter.
A.
In the event that any of the
provisions of this chapter shall be violated, the Township Committee,
through the Police Department or its authorized officers or agents,
may terminate or suspend any license issued hereunder where it appears
that any of the following conditions exist:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1)
The application is materially
false or purposely misleading and such fact was not discovered earlier,
despite the diligence prior to such time;
(2)
The number of people attending
the event exceeds by 20% the number projected by the applicant; or
(3)
New or substantially changed
conditions have arisen so as to imperil or materially endanger the
public health, morals, safety or welfare.
B.
The procedure for revoking or
suspending the license shall be as follows:
(1)
The Township Committee, through
the Police Department, shall cause a written notice of the alleged
violation of this chapter or any other laws involved to be served
upon the applicant upon the premises, together with a notice of the
time, place and hearing to be held, not less than 72 hours after service,
directing the licensee to show cause before the Township why the license
should not be suspended or revoked.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
At the hearing of the Township
Committee, all evidence offered by the licensee, Township Officials
and general public which is material to the issue shall be offered,
and the Township Committee shall make a prompt determination of its
findings. If the findings are made in favor of the licensee, the license
issued hereunder shall continue under the terms and conditions by
which it was issued. If the findings are against the licensee, the
license issued may be revoked entirely or conditioned in such manner
as the Township Committee may direct. In the event of complete revocation,
the licensed event shall be terminated and all license fees, insurance
policies or funds posted with the Township Clerk shall be returned
to the licensee within 72 hours following the date of the projected
event.
Whenever notice is required to be given to the applicant or
licensee hereunder, such service of notice may be made by registered
mail or certified mail to the address of the applicant indicated in
the application or upon personal service of such notice upon the applicant
or any of the agents of the applicant upon the licensed premises.
The following persons, partnerships, organizations or groups
are exempt from the operation of this chapter:
A.
Charitable or nonprofit organizations;
B.
Veteran's organizations or local
service groups;
C.
Quasi-governmental groups and
associations such as police, fire or civil defense organizations;
D.
Events sponsored by governmental
units, the Township, County of Hunterdon or State of New Jersey;
E.
All events taking place at the
Flemington Fair Grounds.
A.
Any person who violates any provision
of this chapter shall, upon conviction thereof, be punished by a fine
not exceeding $500 or by imprisonment for a term not exceeding 90
days, or both. A separate offense shall be deemed committed for each
separate day involved or on each day involved during the continuation
of any such event in violation of any of the provisions of this chapter.
B.
The penalty or penalties provided
herein shall be in addition to and not in lieu of the suspension or
revocation of any license hereunder.
