[R.O. 1966 C.S. § 5:11-1]
As used in this chapter:
Discotheque dancing 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.
Shall mean any room, place or space where discotheque dancing
is carried on as defined above.
Shall mean any dancing to recorded or performed music or
sounds in which pulsating, flashing, or revolving lights or effects
in a substantially darkened atmosphere are used or presented and in
which admission can be had either with or without payment of a fee,
wardrobe charge or otherwise and in which the public generally may
participate or to which admission can be obtained through the presentation,
use, or acceptance of a membership card or other thing, whether or
not the membership card or other thing is or may be available to the
public generally by purchase or gratuitously and whether or not the
public generally may participate or not.
[R.O. 1966 C.S. § 5:11-2]
No person shall operate a discotheque until the discotheque
shall first have been duly licensed for such purpose; provided, however,
that no license shall be required for discotheque dancing or dances
held in public schools when held under the supervision of the District
Superintendent, Newark Public Schools.
[R.O. 1966 C.S. § 5:11-3; Ord.
6PSF-A(S), 1-7-2016]
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 purpose for which they are to be used
and in which there is an operable automatic fire suppression system
approved for use by the Newark Division of Fire and in conformity
with all applicable laws and regulations.
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.
[R.O. 1966 C.S. § 5:11-4; Ord.
6 PSF-C, 8-3-2016 § 9;
amended 12-21-2021 by Ord. No. 6PSF-a(s), 12-21-2021]
a.
The Director of Finance is hereby authorized to grant the license
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 5:11-5 shall be payable upon presentation of the application therefor and shall be returned less the sum of $10 in the event the 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 discotheque license.
[R.O. 1966 C.S. § 5:11-5; Ord.
6 S+FR, 4-20-1988 § 1;
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 or incorporations organized exclusively for
the moral and mental improvement of men, women, and children or for
religious purposes, where discotheque dancing is permitted —
$1.
b.
Any room or place which is conducted as a discotheque 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 or dispensed; any room
or place in which or that is connected with any other room or place
in which dancing or exhibitions commonly called "cabaret" is conducted;
any room or place which is conducted as a restaurant, hotel, motel,
shall pay a biennial license fee according to the actual space used
for the purpose of dancing, as follows:
d.
Any other room or place conducted as a discotheque and not herein
or otherwise provided for — $200.
e.
Any person operating a discotheque who presently is the holder of a dance hall license pursuant to Section 5:7-1 et seq. shall not be required to obtain an additional discotheque license pursuant to this chapter provided that all provisions of this chapter have been complied with by the holder but shall be required to acquire a permit from the Division Tax Abatements/Special Taxes. All provisions of this chapter shall be complied with prior to the issuance of the permit, except that the automatic fire suppression system must be installed in premises having a dance hall license within six months of the effective date of this ordinance. In those premises having six months to install an automatic fire suppression system, a temporary permit shall be issued which shall expire six months after the effective date of this ordinance.
[R.O. 1966 C.S. § 5:11-6]
No person shall rent, hire, or occupy any discotheque for the
purpose of discotheque dancing without having first obtained from
the Chief of Police a permit therefor, provided that the discotheque
complies with all provisions of this chapter.
[R.O. 1966 C.S. § 5:11-7; Ord.
6 S+FE, 11-15-1993]
a.
No licensed discotheque as herein defined and provided for shall
remain open beyond the following hours:
1.
From 9:00 a.m. to 2:00 a.m. on Monday through Wednesday.
2.
From 9:00 a.m. to 3:00 a.m. on Thursday through Saturday.
3.
From 12:00 noon through 2:00 a.m. on Sunday.
4.
From 9:00 a.m. through 5:00 a.m. on Christmas Eve and New Year's
Eve.
5.
From 9:00 a.m. through 3:00 a.m. on Thanksgiving Eve.
No discotheque dancing as herein defined shall be engaged in
during the hours when the discotheque premises 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 C.S. § 5:11-8; Ord.
6 S+FR, 4-20-1988 § 1; Ord. 6PSF-F, 6-15-2016]
a.
All discotheques shall be kept at all times in a clean, healthy,
and sanitary condition. All stairways and other passages shall be
kept open, well lighted, unobstructed, and clear at all times. All
exits and means of egress shall be clearly visible to all participants
or members at the discotheque. At the entrance to the discotheque
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.
b.
All discotheques with over 250 square feet of dancing space shall
be tested three times annually for noise level by the Department of
Engineering. The Department shall develop rules and regulations for
monitoring such noise levels and any discotheque exceeding such levels
and refuses to take steps to reduce such levels shall be subject to
the penalties provided herein and shall be denied a license renewal.
[R.O. 1966 C.S. § 5:11-9]
It shall be the duty of the Director to order and cause any
hall or place where any discotheque dance is held to be vacated whenever
in his 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 C.S. § 5:11-10]
The license of any discotheque may be suspended or revoked,
after notice and hearing by the Director for good cause. Such license
when so suspended or revoked shall not be reissued until at least
six months shall have elapsed from the date of suspension.
[R.O. 1966 C.S. § 5:11-11; Ord.
6 S+FR, 4-20-1988 § 1]
Any person who violates any provision of this chapter shall,
upon conviction thereof, be punished by a minimum fine not exceeding
$100 and a maximum fine not exceeding $1,000 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 violation occurs or
continues.
