[Ord. 6 S+FE, 9-3-2008 § 1]
As used in this chapter, the following terms shall have the
meanings as indicated:
Shall mean a fee which is charged to enter the social club.
The fee may include, but not limited to, the payment of legal currency
or the acceptance of vouchers, promotions, coupons or the exchange
or bartering of items or services between the parties in lieu of currency.
A membership fee charged to join the social club will constitute the
equivalent of an admission fee.
Shall mean the Director of the Department of Finance and/or
his/her designee.
Shall mean any person, firm, corporation, partnership, association
or club who or which, as the owner, lessee, operator, employee or
agent, has under his/her or its control any establishment, place or
premises in or at which a social club is located.
Shall mean the solicitation or acceptance of an order for
an alcoholic beverage, and including exchange, barter, traffic in,
keeping and exposing for sale, serving with meals, delivering for
value, peddling, possessing with intent to sell, or the gratuitous
delivery or gift of any alcoholic beverage.
Any definition contained herein shall apply to the same word
in any form. Thus, "sold" means to make a "sale" as defined above.
Shall mean an organization, corporation, association or proprietor
consisting of a person(s), of legal drinking age, operating for benevolent,
charitable, fraternal, social, religious, recreational, athletic,
commercial or similar purposes or common interests which charges an
admission to enter the premises. Hereinafter referred to as social
club.
Shall mean address where the social club is located which
may be temporary or permanent.
[Ord. 6 S+FE, 9-3-2008 § 1]
a.
Every license issued by the Director shall contain the maximum capacity
for the premises, as determined by the certificate of occupancy or
certificate of continued occupancy, which shall be posted in a conspicuous
location within the premises for the appropriate City officials to
view upon their routine inspections of the premises which shall be
conducted at least three times a year.
b.
An establishment which has already obtained a restaurant license
and an Alcohol Beverage Control license will not be required to obtain
a social club license if the establishment also meets the definition
of a social club as defined by this chapter, provided that the area
of the establishment which meets the definition of a social club is
physically located within the establishment that has been issued a
restaurant and Alcohol Beverage Control license.
c.
A social club, if applicable, shall be required to comply with the
fire suppression sprinkler system requirements which must be installed
through out the building. The Fire Subcode Official will determine
the maximum number of persons an operation may allow before the sprinkler
system requirements must be complied with.
d.
No license shall be issued unless the proprietor provides a certification
or affidavit to the Division of Tax Abatements and Special Taxes that
the parking accommodations for the social club are in compliance with
Title XLI, Zoning and Land Use Regulations of the City.
e.
No license shall be issued for any social club unless the use of
the social club is permitted on the premises under the Title XLI,
Zoning and Land Use Regulations of the City, or upon the granting
of a variance from the Title XLI, Zoning and Land Use Regulations,
and the social club is in compliance with all ordinances of the City
affecting the construction and maintenance of the social club.
[Ord. 6 S+FE, 9-3-2008 § 1]
a.
A social club must obtain a license pursuant to the requirements
of this chapter in order to operate.
b.
The proprietor shall be responsible for the proper conduct of his
agents, servants, employees or anyone using the social club and for
any violation of the provisions of this chapter, ordinances or other
laws thereby.
c.
If the proprietor of a social club intends to serve, use, sell or
allow any of the following items, including but not limited to the
items below, the appropriate, separate licenses must be obtained in
order for the items or activity to be allowed on the premises:
1.
If alcohol is to be served, sold, distributed, provided or allowed
at the social club, the proprietor must comply with all the requirements
set forth in City Ordinance 4:1-1 et seq. and 4:2-1 et seq. and comply
with all the rules and regulations and statutes imposed by the Director
of the Alcoholic Beverage and Control pursuant to N.J.A.C. 13:2-8.1
et seq. and N.J.S.A. 33:1-1 et seq.
2.
If food is to be served, provided or sold at the social club the
proprietor must obtain a license pursuant to the City ordinances for
the sale and/or distribution of food.
3.
If automatic amusement devices are going to be used at the social
club, the proprietor must obtain a license pursuant to City Ordinance
5:2-1 et seq.
4.
If dancing is permitted at the social club, the proprietor must obtain
a license pursuant to City Ordinance 5:7-1 et seq.
d.
The provisions of this chapter are applicable to all existing establishment
in the City which meet the definition of a social club. All social
clubs must be in compliance with the stated requirements within 60
days of the adoption of this chapter.
e.
No tobacco products shall be sold at the social club. Vending machines
selling tobacco products will not be allowed at the social club.
[Ord. 6 S+FE, 9-3-2008 § 1; Ord. 6PSF-A(S), 1-7-2016]
The proprietor of the social club shall make written application
for a license, on such forms as the Division of Tax Abatements and
Special Taxes shall prescribe. The proprietor shall not operate the
social club until a license has been issued. Such application shall
state the following:
a.
Name, residence and address of the proprietor and the location where
the social club is or is to be located.
b.
Description of the social club to be licensed, i.e., number of rooms,
dimensions of rooms, number of seats available.
c.
A description of the building where the social club is to be located.
d.
The application shall set forth whether or not any of the persons
in paragraph A have ever been convicted of a crime or a violation
of a City ordinance or disorderly persons offense.
e.
Each application shall be duly sworn to by each proprietor(s). Fraud,
misrepresentations, false statements, misleading statements, evasions
or suppression of material facts in securing a license are grounds
for suspension or revocation of the license and the ability to obtain
a license in the future and/or constitute other separate offenses
under applicable Federal and State laws and City ordinances.
f.
The names and addresses of all officers, trustees, directors, or
other governing officials, together with the names and addresses of
all members of the corporation, association, or organization, must
be stated in the application.
1.
In applications by corporations, the names and addresses of, and
the amount of stock held by all stockholders holding 1% or more of
any of the stock thereof, and the names and addresses of all officers
and of all members of the Board of Directors must be stated in the
application. The proprietor must provide a copy of the certificate
of incorporation documents that were filed with the applicable state.
If one or more of the officers or members of the Board of Directors
or one or more of the owners, directly or indirectly, or stockholders,
would fail to qualify as an individual applicant in all respects,
no license shall be granted.
2.
In applications by partnerships, the application shall contain the
names and addresses of all of the partners. The proprietor must provide
a copy of the filed partnership formation documents. No license shall
be issued unless all of the partners would qualify as individual applicants.
3.
The proprietor must identify an agent that is authorized to accept
service of process, notices or correspondence concerning the social
club.
g.
The proprietor shall obtain the approval of the Chief of Police,
the Building Inspector or Code Enforcement, the Health Officer, Chief
of the Division of Fire and Zoning.
1.
The applicant(s) in applying for and maintaining a license, in accordance
with required inspections, agree to allow all City Officials, including
police, to have access to and inspect all areas of the social club.
h.
The application shall have attached to it a copy of the current certificate
of occupancy or certificate of continued occupancy for the premises
where the social club is to be located.
i.
All applications shall be referred to the Chief of Police or designee
for investigation. The Chief of Police as part of the investigation
will require the applicant(s) to submit to a background check and
will contact the applicant(s) regarding the requirements. The Chief
of Police shall make a recommendation of whether or not a license
should be issued based upon his/her investigation of the applicant's
conduct as a law abiding person and shall consider past operations,
if any, convictions of crimes, and convictions of disorderly person
offenses and convictions and violations of City ordinances. He/she
shall also consider any convictions pursuant to N.J.S.A. 2C:33-12,
maintaining a nuisance, which involve the subject premises. If the
Director shall disapprove a license based upon the recommendation
of the Chief of Police, he/she shall furnish the applicant with written
notice of the reasons for the disapproval.
j.
The proprietor will be required to publish a notice in a newspaper
published or of general circulation in the City of Newark where the
social club is or will be located.
1.
The notice shall read as follows:
[Applicant's name] has applied for a social club license pursuant
to N.R.O. 5:12-1, et seq., at the location of [proposed address of
social club]. This Notice is for all residents and property owners
within a 200-foot radius of this property that such application has
been made. Any objections to this application must be submitted in
writing to the Newark Division of Police-Licensing Unit, 31 Green
Street, 4th Floor, Newark, New Jersey 07102. Any objections must be
received by the Newark Division of Police within 30 days of the date
of this publication. Objections will only be considered for those
residents and property owners within a 200-foot radius of the proposed
location for the social club.
This notice is being posted pursuant to N.R.O. 5:12-4J.
2.
The notice shall be published for three consecutive dates.
3.
The proprietor must attach a copy of the published notice with the
application for a license, along with a receipt for the advertisement
that lists the dates of publication and the newspaper in which the
notice was published.
k.
No license shall be issued to the proprietor of the social club until
the proprietor has complied with all Federal and State laws and City
ordinances concerning the premises.
l.
The proprietor shall provide the Division of Tax Abatements and Special
Taxes with the name of a designated person and/or agent, address and
phone number as an emergency contact.
[Ord. 6 S+FE, 9-3-2008 § 1]
a.
A license shall apply only to the proprietor to whom it is granted,
and the location stated in the application. A license shall not be
transferred to another proprietor or location.
b.
No license shall be issued to a person under the age of 18 years,
or to any person not a citizen of the United States, or to any person
convicted of a Federal or State crime/offenses and/or violation of
any City ordinance.
[Ord. 6 S+FE, 9-3-2008 § 1]
Every proprietor issued a license pursuant to this chapter shall
display all licenses in a prominent and conspicuous place at the social
club location.
[Ord. 6 S+FE, 9-3-2008 § 1; Ord. 6 PSF-C, 8-3-2016 § 10; amended 12-21-2021 by Ord. No.
6PSF-a(s), 12-21-2021]
a.
The application for a license required by this chapter shall be accompanied
by a biennial license fee based on the following:
|
Space less than 150 square feet
|
$200
|
|
Space 151 square feet to 250 square feet
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$300
|
|
Space over 250 square feet
|
$600
|
b.
The above licensing fees are non-refundable regardless of whether
or not the proprietor is issued a license.
[Ord. 6 S+FE, 9-3-2008 § 1; Ord. 6 PSF-C, 8-3-2016 § 10; 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 to such persons of good moral character and otherwise
qualified according to the provisions of this chapter, and to promulgate
such rules and regulations as he/she shall deem fit and proper for
the health, safety and welfare of the public and promulgate other
rules and regulations within his/her discretion.
b.
The license fee as provided by Section 5:12-7 shall be payable upon presentation of the application thereof.
c.
All licenses issued, and renewals thereof, under this chapter shall
expire biennially on October 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 October 31st in accordance with the biennial licensing cycle. The
Division of Tax Abatements and Special Taxes shall establish administrative
rules and/or regulations pertaining to the issuance of a social club
license.
d.
No social club license, including renewals, shall be granted unless
and until the number of such licenses issued and outstanding shall
be less than 75. When the number of social club licenses issued and
outstanding shall be less then 75, only additional licenses of this
type may be issued as will not bring the total number of licenses
to more than 75.
1.
When the maximum number of licenses has been issued, the applicant
may make application to the Division of Tax Abatements and Special
Taxes for a waiver of the maximum requirement so that a license may
be issued.
2.
The Division of Tax Abatements and Special Taxes in determining whether
a waiver should be granted will consider whether the applicant is
a nonprofit organization that has been in possession and operation
of the social club and the location for three continuous years prior
to the submission of its application for a license.
e.
Closing and Opening Hours of Operation. No social club shall remain
open during the following hours:
|
Sunday through Thursday, except New Year's Day, between the
hours of 12:00 a.m. and 12:00 p.m.
|
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Friday and Saturday, except New Year's Day, between the hours
of 1:00 a.m. and 12:00 p.m., except New Year's Day, between 4:00 a.m.
and 12:00 p.m.
|
|
On New Year's Day when such day falls on a weekday, between
the hours of 2:00 a.m. and 12:00 p.m.
|
|
No social club shall be allowed to operate or open during the
hours when the social club according to this chapter is to be closed.
|
[Ord. 6 S+FE, 9-3-2008 § 1]
a.
If the proprietor rents the social club and alcohol is to be served,
sold, distributed, provided or allowed at the event, the proprietor
must comply with all the requirements set forth in the applicable
Federal and State laws and City ordinances.
b.
If the proprietor rents the social club and food is to be served,
distributed or sold at the event, the proprietor must obtain a license
pursuant to City ordinances for the sale and/or distribution of food.
c.
If the proprietor rents the social club, the proprietor must comply
with all applicable Federal and State laws and City ordinances.
[Ord. 6 S+FE, 9-3-2008 § 1]
a.
All social clubs 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 lighted at all times.
b.
When inspections are conducted on the premises by any City officials
and violations are found to exist, the proprietor will be advised
of any applicable time period in which the deficiency must be remedied.
If the deficiency is not remedied within the required time period,
the proprietor will be deemed in violation of the chapter and the
Director may consider suspension or revocation of the license and/or
closing the social club. Any actions of the Director as to the license
are separate and apart from any court actions taken as a result of
the inspections by City officials.
[Ord. 6 S+FE, 9-3-2008 § 1]
a.
Licenses issued in accordance with the provisions of this chapter
shall expire upon the date indicated on the license and must be renewed
annually within 30 days of the expiration date indicated on the existing
license by filing a written application for renewal with the Division
of Tax Abatements and Special Taxes. In the event the proprietor does
not file a renewal application within 30 days of the expiration date,
the existing license will be deemed expired and the proprietor must
cease any and all operations of the social club. If the proprietor
files an application within the thirty-day time period, the social
club may remain open pending the City's decision regarding the renewal
application. If the City notifies the proprietor that the renewal
application has been denied, the proprietor must immediately cease
any and all operations of the social club. The proprietor may appeal
the decision in writing to the Director by requesting a hearing. However,
the proprietor must continue to cease all operations pending the outcome
of the hearing.
b.
If the proprietor does not file a renewal application within the
thirty-day time period the proprietor must cease any and all operations
of the social club. If the proprietor seeks at any point thereafter
to reopen the social club the proprietor must file a new application
for a license which will be subject to all requirements of this chapter.
The proprietor will not be allowed to reopen the social club until
a decision has been made by the City regarding the application.
c.
All renewal license applications will be subject to the same requirements
as indicated in this chapter for initial applications.
[Ord. 6 S+FE, 9-3-2008 § 1]
Nothing in this chapter shall be construed to permit the operation
of a social club in contravention of any other applicable Federal,
State or local laws. The provisions of this chapter shall be in addition
to, and not instead of, any and all other applicable laws.
[Ord. 6 S+FE, 9-3-2008 § 1]
a.
It shall be the duty of the Director to order and cause any social
club to be vacated and closed whenever in his/her judgment it is deemed
to be immediately necessary as a matter of public health, welfare
or safety or whenever any disorderly persons offense is committed
or whenever any criminal act is committed therein. If the social club
is vacated or closed, the license will be deemed to be suspended temporarily,
pending a hearing or notice thereof. If the license is suspended temporarily
the proprietor must cease any and all operations of the social club.
Any such temporary suspension without notice pending a hearing shall
be for a period of not more than 10 days.
1.
If the Director orders that the social club is to be vacated or closed
and the proprietor abates all deficiencies, the proprietor can request
a hearing to determine if the deficiencies have been abated and the
social club should be allowed to reopen on a temporary basis. The
hearing request must be made in writing to the Director. This hearing
is separate from any licensing revocation hearing which may occur.
b.
All licenses issued under this chapter shall be deemed to be granted
upon the express condition that, in addition, to any other sanction
or penalty, the Director of Finance may:
1.
After due notice by personal service or certified mail or overnight
mail upon the proprietor or his agent and after due hearing, suspend
or revoke the license of any proprietor for violating any provision
of this chapter or other City ordinances, State or Federal laws or
other separate offenses such as falsification in applying for a license.
2.
Suspend temporarily, pending a hearing or notice thereof, any such
license when deemed by the Director of Finance to be immediately necessary
to prevent emergent danger to the public welfare, good or morals of
the community. If the license is suspended temporarily the proprietor
must cease any and all operations of the social club. Any such temporary
suspension without notice pending a hearing shall be for a period
of not more than 10 days.
3.
The social club location that is licensed under this chapter shall
be at all times in its entirety be subject to inspection and shall
be under the control and regulation of the Chief of Police or his
designee.
[Ord. 6 S+FE, 9-3-2008 § 1]
a.
Any person violating any of the provisions of this chapter shall upon conviction thereof, be subject to. a fine not exceeding $2,000 and/or imprisonment for a term not exceeding 90 days or 90 days of community service. Such penalties shall be in addition to the revocation or suspension of the license, as provided in Section 5:12-13. A separate offense shall be deemed committed on each day during which a violation occurs or continues.
b.
In addition to the penalty provided in paragraph a of this section,
any license issued under this chapter to any person so convicted shall
be revoked or suspended for one year for the first offense and up
to five years for the second offense.
c.
The foregoing provisions shall be deemed supplementary to, and not
in lieu of, any sanction or penalty provided by any other Revised
Ordinance of the City of Newark or Federal or State statute.
