[R.O. 1966 § 5:8-1]
No person shall show, exhibit, act, represent, perform or keep, or cause to be shown, exhibited, acted, represented, performed or kept on any public stage, auditorium or any other public house or room or place whatsoever, for any price or gain or reward, any of the following:
Any interlude, farce or play of any kind, or any such like shows or exhibitions; or any concert of music, either vocal or instrumental, or both, or any such like performance; or dancing of any kind whatever on such stage; or any motion picture or any photographic representation; or any television show of any character where admission is charged to view the television; or any dog or cat show; or any feats of uncommon dexterity and agility of body; or any game or trick, juggling, sleight of hand, bear baiting or bull baiting, or any such like shows or exhibitions; any beast or animals, or menagerie, or collection of beasts or animals; or any circus; or any curiosity of natural art; or roller skating derbies, without first having obtained a permit or license for such purposes as provided by this chapter.
[R.O. 1966 § 5:8-2]
An application for a license or permit under this chapter shall be signed by the applicant and filed with the Manager, Division of Tax Abatements/Special Taxes, on forms furnished by the Division of Tax Abatements/Special Taxes.
[R.O. 1966 § 5:8-3]
Upon the filing of the application, the Manager, Division of Tax Abatements/Special Taxes shall investigate the facts and circumstances surrounding the application and the person or persons making the same, and, if a corporation, investigate the principal stockholders and officers and directors of the applicant. He shall within 30 days from the date of the filing of the application make his determination by either approving and granting such permit or license, or fixing the day for a hearing upon the application.
[R.O. 1966 § 5:8-4]
If a hearing on the application is to be held, then within five days after the termination of the thirty-day period provided for in Section 5:8-3, or at a sooner date if decided by the Manager, Division of Tax Abatements/Special Taxes, he shall fix a time and place for a hearing within 10 days after the expiration date of the five-day notice. At the hearing the applicant and the City may offer such evidence as may be desired covering the subject matter. Within three days after the closing of the hearing, the Manager, Division of Tax Abatements/Special Taxes shall render a determination, and if such determination should be a denial of the application, then a copy of the determination, with the reasons for denying the application, shall be served upon the applicant. If the applicant does not appear or offer evidence at the hearing on the date so fixed, then the Manager, Division of Tax Abatements/Special Taxes may dispose of the application as the facts, circumstances and evidence may warrant in his discretion.
CROSS REFERENCE: For manner of service of notices, see Section 5:8-13.
[R.O. 1966 § 5:8-5]
a. 
Every such permit or license authorized under this chapter shall be issued by the Manager, Division of Tax Abatements/Special Taxes.
b. 
The permit or license shall set forth the place where such show, exhibition or performance shall take place, and the period of time during which it may continue.
c. 
Such permit or license shall not take effect until the fees are paid to the Manager, Division of Tax Abatements/Special Taxes, who shall keep a record of the same.
d. 
Such permit or license shall be issued, granted and accepted subject to all the provisions of this chapter, and that fact shall be noted upon such permit or license when issued.
[R.O. 1966 § 5:8-6]
On the granting of a permit or a license the same shall, in accordance with Section 5:8-5 be made subject to all the provisions of this chapter and will be so noted thereon and a copy of the provisions of this chapter, in effect at the time, shall be delivered to the applicant with the permit or license so granted.
[R.O. 1966; R.O. 1966 C.S. § 5:8-7]
The fees for the various permits and licenses required by this chapter shall be as follows:
a. 
Motion picture theaters and show houses, annually: $365.
b. 
Legitimate theaters, annually: $350.
c. 
Sacred concert (music with singing) per performance: $10.
d. 
Roller derbies, each match or meet: $100.
e. 
Dog shows, per day: $5.
f. 
Cat shows, per day: $5.
For all other shows or exhibitions as set out in Section 5:8-1 for which a license or permit is required, for each performance $1 to $500.
The license fee shall be payable upon the presentation of the application and shall be returned less the sum of $10, in the event such license is not granted.
[R.O. 1966 § 5:8-8]
a. 
No person holding a permit or license under this chapter, shall violate, suffer or allow to be violated any of the conditions and restrictions contained in such permit or license or any of the provisions of this chapter; nor shall be suffer, permit or allow such place or exhibition or amusement so permitted or licensed, to become disorderly.
b. 
The holder of any permit or license under this chapter shall receive and hold the same with the express understanding and condition that the theatre or other place where the show, performance or exhibition is to be held, and the character of the show, performance or exhibition to be conducted, or the manner of advertising and representing the same, shall not violate any of the following conditions and provisions:
1. 
No show, performance, exhibition or motion picture, exhibited or conducted by reason of any permit or license issued under this chapter, shall be lewd, obscene or indecent or allowed to be acted or presented in a manner to constitute the same lewd, obscene or indecent, either upon or off the stage or screen or in the place of showing; or allow or permit the conduct of any performer, employee or the audience to commit actions that shall be lewd, obscene or indecent, and the following acts or performances are hereby specifically prohibited, to wit:
(a) 
The removal by a female performer in the presence of the audience of her clothing, so as to make nude, or give the illusion of nudeness, of the lower abdomen, genital organs, buttocks or breasts;
(b) 
The exposure by a female performer in the presence of the audience, or the giving of the illusion of nudeness in the presence of the audience, of the lower abdomen, genital organs, buttocks or breasts;
(c) 
The exposure by a male performer in the presence of the audience of the genital organs or buttocks;
(d) 
The use by a performer of profane, lewd, lascivious, indecent or disgusting language;
(e) 
The performance of any dance, episode, or musical entertainment, which depicts sexual subjects, acts or objects offensive to public morals and decency;
(f) 
The performance of any dance, episode, or musical entertainment, the purpose of which is to direct the attention of the spectator to the breasts, buttocks or genital organs of the performer.
2. 
The holder of any permit or license under this chapter shall not use obscene, lewd or indecent pictures in the theatre or show place or any part of the same, nor in the street or on the sidewalks in front of the theatre or show place, nor in any part of the City; nor use any such obscene, lewd or indecent pictures to advertise or otherwise induce the public to attend the performance to be shown or exhibited.
3. 
The holder of any such permit or license under this chapter shall not permit the showing of any performance, exhibition, motion picture or other presentation had in whole or in part which is lewd, obscene or indecent.
4. 
The holder of any permit or license under this chapter shall not advertise or otherwise publicize a show, performance, exhibition or other showing by means of pictures, billboards, statements or other mediums either in newspapers, theatre, show place or in any part of the City which are lewd, obscene or indecent, or which misrepresent the actual show, exhibition, performance or showing and being so made for the purpose of luring the public into the theatre or other show place.
5. 
The holder of any permit or license under this chapter shall at all times abide by the statutes, ordinances, codes, rules and regulations of both the Federal, State and City government and their agencies, and especially in connection with the theatre and place of performance and the show, exhibition and performance conducted therein.
6. 
The holder of any permit or license under this chapter shall at all times allow the City's duly authorized representatives to inspect the premises and the performances, exhibitions and shows in order that they may perform their respective duties to inspect, ascertain and detect violations of this chapter or of any other ordinance or regulation of the City.
CROSS REFERENCE: Lewd, obscene and indecent performances are also prohibited as disorderly conduct. See Sections 20:2-16 and 20:2-17.
[1]
Editor's Note: This section was upheld in Adams Newark Theatre Co. v. City of Newark, 22 N.J. 472, 126 A. 2d 340 (1956), affirmed 354 U.S. 931 (1957).
[R.O. 1966 § 5:8-9]
In all theaters and other places of public amusement, the aisles and passageways in such places shall be kept free and clear of all obstructions, and no person shall stand or remain in such aisles or passageways while such places are open to the public. It shall be the duty of the proprietor or lessee of every such place to keep the aisles and passageways therein free and clear from all obstructions and to prevent persons from standing and remaining therein while and so long as such place is open to the public.
The proprietor or lessee of any such place who shall suffer or permit the aisles and passageways thereof to be obstructed while the same is open to the public, or who shall permit or suffer persons to stand and remain in the aisles and passageways of any such place while the same is open to the public, shall be punished as provided in Section 5:8-14.
It shall be the duty of the police to aid in the enforcement of the provisions of this section, and the police shall have power at any time, while any such places are open to the public, to prevent persons from standing or remaining in the aisles and passageways of such places, and to remove all persons therefrom and to require all obstructions to be removed therefrom.
[1]
Editor's Note: For statute providing that aisles and passageways be kept clear, see N.J.S. 5:3-3 et seq.
[R.O. 1966 § 5:8-10]
No person shall show or exhibit, or cause to be shown or exhibited, in any place whatsoever for any price, gain or reward, any race, contest or exhibition for speed on motorcycles, excepting motor-paced bicycle races. No person shall take part or assist in, as performer or otherwise, any such race, contest or exhibition for speed; provided, however, that nothing herein contained shall be construed to prevent the ordinary exhibition of motorcycles for the purposes of trade, or motor-paced bicycle races.
[R.O. 1966 § 5:8-12]
No person shall conduct, manage, promote or participate in any marathon dancing or marathon walking contests, marathon dance, marathon walking commonly called walkathon, or other similar physical endurance contests or performances, whether or not an admission fee is charged to witness the same, or a prize is or is not to be awarded to one or more of the participants therein.
[1]
Editor's Note: For State statute providing that persons associated with certain endurance contests are disorderly persons, see N.J.S. 2A:170-15.
[R.O. 1966 § 5:8-13]
a. 
When necessary for the furtherance of decency and good order or if the holder of any permit or license issued under this chapter, shall violate any of the provisions of this chapter, the Manager, Division of Tax Abatements/Special Taxes may suspend or revoke any permit or license issued under this chapter. Any such suspension or revocation shall be determined in the manner and under the provisions provided for in paragraph b of this section.
b. 
The Manager, Division of Tax Abatements/Special Taxes shall cause a written notice of a hearing, returnable not less than 24 hours after service, to be served upon the holder of the permit or license directing the holder to show cause on a specified day within 10 days from the date of the notice, why the permit or license in question should not be suspended or revoked. The notice shall also contain a specification of the charges of which the holder is accused of violating.
At the hearing, the Manager, Division of Tax Abatements/Special Taxes shall hear all evidence offered by the City and the holder which is material to the issue and, after the close of the hearing, and within 30 days thereafter, make a determination of its findings. If his findings be against the holder of the permit or license, the Manager shall serve the holder of the permit or license with a notice to that effect, with the reasons for his determination. In the event the holder of the permit or license shall fail to appear at the hearing, then the Manager may dispose of the matter as in his discretion the evidence and records on hand will warrant.
CROSS REFERENCE: For manner of service of notices, see Section 5:8-13.
[R.O. 1966 § 5:8-14]
Whenever in this chapter a required notice is to be given to the applicant or the holder of a license or permit, such service of the notice to be given, receipt may be made personally or by registered or certified mail, with return receipt requested, at their last known place of address or their last known business address.
[R.O. 1966 § 5:8-15]
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 on each day during or on which a violation occurs or continues.
b. 
The penalty provided in paragraph a of this section, shall be in addition to, and not in lieu of suspension or revocation of any license or permit as hereinbefore provided in this chapter.