Editor's Note: The City is authorized to license and regulate
dance halls by N.J.S.A. 40:52-1.
[R.O. 1966 § 5:7-1; Ord. 6 PSF-E, 3-18-2009 § 1; Ord. 6PSF-A(S), 1-7-2016]
As used in this chapter:
Shall not apply to exhibitions or performances where persons
paying admission do not participate.
Shall mean the Director of the Department of Finance and/or
his designee (for this chapter only, this includes for enforcement
purposes, the Director of the Department of Public Safety, Executive
Secretary of the Alcoholic Beverage Control Board or their designee,
where applicable).
Shall mean any event that is commercial and may be advertised,
used in whole or in part, intentionally or otherwise, to augment sale,
and market visibility, including but not limited to showcasing talent,
releasing music or dance products or products for commercial sale.
This definition is not intended to include any First Amendment activity
that meets the definition of Demonstration in Title 5, Amusements,
Chapter 10, Carnivals, Street Fairs and Street Festivals of the Revised
General Ordinances, as shall be amended from time to time.
Shall mean any dance to which admission can be had either
with or without payment of a fee, wardrobe charge or otherwise, or
any other dance in which the public generally may participate.
Shall mean any room, space or place in which dancing is carried
on and to which admission can be had either with or without the payment
of a fee, wardrobe charge or otherwise.
[R.O. 1966 § 5:7-2; Ord. 6 PSF-E, 3-18-2009 § 1]
No person shall operate a public dance hall until the public
dance hall shall first have been duly licensed for such purpose; provided,
however, that no license shall be required for dances held in public
schools when held under the supervision of the District Superintendent,
Newark Public Schools.
[R.O. 1966 § 5:7-3; Ord. 6 S+FB, 4-16-2003 § 1; Ord. 6 PSF-E, 3-18-2009 § 1]
a.
No license shall be issued unless the premises comply with and conform
to all laws of the United States, of this State and the ordinances
and regulations of the City including building, health, fire prevention
and safety ordinances and are, in the judgment of the Director, a
safe and proper place for the purposes for which they are to be used.
Every license issued by the Director shall contain the maximum capacity
of the premises, as determined by its certificate of occupancy, which
shall be posted in a conspicuous location within the premises for
the appropriate City officials (Police-Fire Inspectors) to view upon
their routine inspections of the premises for which fire inspections
shall be conducted at least three times a year. Any premises which
has a legal maximum capacity of 200 or more persons shall be required
to have a fire suppression sprinkler system, as certified by the Fire
Subcode Official, installed throughout the building.
b.
No license shall be issued or renewed unless the applicant therefor
shall be a citizen of the United States and a person of good moral
character.
c.
No license shall be issued or renewed unless the applicant shall
provide a certification (affidavit) that the premises can accommodate
via on site or off-street parking a minimum of one parking space for
every 30 square feet of total floor area within a radius of 800 feet
from the building to be served.
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CROSS REFERENCE: Suspended or revoked licenses may not be reissued until at least 6 months after such suspension or revocation, see Section 5:7-10.
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[R.O. 1966; R.O. 1966 C.S. § 5:7-4; Ord. 6 PSF-E, 3-18-2009 § 1; Ord. 6 PSF-C, 8-3-2016 § 7; amended 12-21-2021 by Ord. No. 6PSF-a(s), 12-21-2021]
a.
The Director of Finance is hereby authorized to grant the licenses
herein provided for to such persons of good moral character and otherwise
qualified according to the provisions of this chapter, and to such
rules and regulations as he may promulgate as he shall deem fit and
proper for the health, safety and welfare of the public.
b.
The license fee as provided by Section 5:7-5 shall be payable upon presentation of the application therefor and shall be returned less the sum of $10 in the event such license is not granted.
c.
All licenses issued, and renewals thereof, under this chapter shall
expire biennially on March 31st after its date of issuance. If any
applicant obtains an initial license pursuant to this section after
the renewal date or in between a biennial cycle. the applicant will
pay a pro-rated application fee. The applicant's license will thereafter
expire on March 31st in accordance with the biennial licensing cycle. The
Division of Tax Abatements/Special Taxes shall establish administrative
rules and/or regulations pertaining to scheduling for the issuance
of a public dance hall license.
[R.O. 1966; R.O. 1966 C.S. § 5:7-5; Ord. 6 S+FJ, 3-16-1988 § 1; Ord. 6 PSF-E, 3-18-2009 § 1; Ord. 6 PSF-C, 8-3-2016 § 7; amended 12-21-2021 by Ord. No. 6PSF-a(s), 12-21-2021]
There shall be charged the following fees for licenses herein
provided for:
a.
Any room or place in any building actually and exclusively used in
the work of associations and corporations organized exclusively for
the moral and mental improvement of men, women and children or for
religious or charitable purposes, where dancing is permitted: $1.
b.
Any room or place which is conducted as a dancing school: $50.
c.
Any room or place in which or that is connected with any other room
or place in which alcoholic beverages are sold and dispensed; any
room or place in which or that is connected with any other room and
place in which dancing or exhibitions commonly called "cabaret" is
conducted; and any room or place in which or that is connected with
any other room or place which is conducted as a restaurant, hotel
or motel, shall pay a biennial license fee according to the actual
space used for the purpose of dancing, as follows:
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Space less than 150 square feet
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$200
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Space 151 square feet to 250 square feet inclusive
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$300
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Space over 250 square feet
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$1,200
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d.
Any other room or place conducted as a public dance hall and not
herein otherwise provided for: $200.
[R.O. 1966 § 5:7-6; Ord. 6 PSF-E, 3-18-2009 § 1; Ord. 6PSF-A(S), 1-7-2016]
a.
No person shall rent, hire or occupy any public dance hall for a
promotional event without first notifying the Division of Police,
and the Executive Secretary of the Alcoholic Beverage Control Board
if there is a liquor license on the premises, at least three weeks
in advance of the event. A form notification letter shall be requested
from the local Police Precinct Commander in which the dance hall is
located. The notification letter shall be completed and returned to
the same Precinct Commander at least three weeks in advance of the
event. Upon submission, it must include a copy of the contract between
the parties (owner and operator of the premises and the promoter)
as well as a security plan to the satisfaction of the Division of
Police, which may be modified where needed for the welfare and safety
of the public. It shall be the duty of the owner or operator of the
premises or the person in charge to conform to the requirements hereof.
b.
Commencing on or about September 1, 2009, but in no event later than
March 1, 2010, all promoters of promotional events are required to
obtain a license from the Director, which license shall be renewed
on a yearly basis, in accordance with such rules and regulations that
shall be established by the Municipal Council and the Business Administrator.
[Ord. 6 PSF-E, 3-18-2009 § 1]
No person under the legal drinking age shall be permitted in
a dance hall where alcohol is being served and there is a promotional
event taking place.
[R.O. 1966; R.O. 1966 C.S. § 5:7-7; Ord. 6 PSF-E, 3-18-2009 § 1]
No licensed public dance hall or public dance as herein defined
and provided for shall remain open (1) on Monday through Thursday,
except New Year's Day, between hours of 2:00 a.m. and 7:00 a.m.; nor
(2) on Friday and Saturday, except New Year's Day, between hours of
3:00 a.m. and 7:00 a.m.; nor (3) on Sundays, except New Year's Day
between 3:00 a.m. and 12:00 noon; nor (4) on New Year's Day when such
day falls on a weekday, between the hours of 5:00 a.m. and 7:00 a.m.;
nor (5) on New Year's Day when such day falls on Sunday, between hours
of 5:00 a.m. and 12:00 noon. No public dance shall be held or dancing
as aforesaid defined shall be engaged in during the hours when the
premises and public dances are to be closed. It shall be the duty
of the owner or operator of the premises and the person in charge
of the licensed premises to conform to the requirements hereof.
[R.O. 1966 § 5:7-8; Ord. 6 PSE-E, 3-18-2009 § 1]
a.
All public dance halls shall be kept at all times in a clean, healthy
and sanitary condition. All rooms connected therewith as well as all
stairways and other passages shall be kept open and well lighted at
all times when dances are being held.
b.
All exits and means of egress shall be clearly visible to all participants
or members at the dance hall. At the entrance to the dance hall there
shall be posted by the owner or operator of the premises or the person
in charge a diagram or chart showing the floor plan of the premises
and clearly identifying the exits and all other requirements established
by law.
[R.O. 1966 § 5:7-9; Ord. 6 PSF-E, 3-18-2009 § 1]
It shall be the duty of the Director to order and cause any
hall or place where any public dance is held to be vacated whenever
in his/her judgment any provision of this chapter is being violated
therein or whenever any indecent act shall be permitted or whenever
any disorder shall take place therein.
[R.O. 1966 § 5:7-10; Ord. 6 PSF-E, 3-18-2009 § 1]
The license of any public dance hall, may be suspended or revoked,
after notice and hearing, by the Director for cause. Such license
when so suspended or revoked shall not be reissued until at least
six months shall have elapsed.
[R.O. 1966 § 5:7-11; Ord. 6 PSF-E, 3-18-2009 § 1]
Any person who violates any provision of this chapter shall,
upon conviction thereof, be punished by one or more of the following:
imprisonment for a term not exceeding 90 days; a fine not exceeding
$2,000; or by a period of community service not exceeding 90 days.
A separate offense shall be deemed committed on each day during or
on which a violation occurs or continues.
