[Adopted 9-26-1967 by Ord. No. 2427 (Ch. 164, Art. II, of the 2004 Code)]
[Amended 4-9-1968 by Ord. No. 2468; 1-27-1976 by Ord. No. 3059; 5-23-1989 by Ord. No. 4024; 10-26-2004 by Ord. No. 4842]
A. 
It shall be unlawful to maintain, operate or conduct in the Township of Union in the County of Union any billiard room, poolroom, bowling alley, public dance hall, carnival, circus, swimming pool, skating rink, automatic or mechanical device or record player from which music emanates at the insertion of a coin, which said device is commonly termed a "jukebox," or other automatic amusement device, without first presenting an application and receiving a license to operate the respective business, automatic amusement device, jukebox or place of amusement and paying the fee hereinafter prescribed for such license.
B. 
It shall be unlawful to maintain, operate or conduct in the Township of Union in the County of Union any facility where patrons are entertained by persons who pose, exercise or dance or expose themselves for compensation without first presenting an application and receiving a license to operate the respective business and paying the fee hereinafter prescribed for such license. Any applicant pursuant to this section must comply with N.J.S.A. 2C:34-7, in addition to those required pursuant to Chapter 203.
[Amended 4-22-2014 by Ord. No. 5303]
C. 
It shall be unlawful to maintain, operate or conduct in the Township of Union in the County of Union any facility where patrons are entertained by persons who pose, exercise or dance for compensation without first presenting an application and receiving a license to operate the respective business and paying the fee hereinafter prescribed for such license. Applications for a license pursuant to this section include any performance, such as erotic dancing, go-go dancing, or a bikini bar, performed by men or women, with or without pay. An applicant pursuant to this section shall meet the following conditions, in addition to those required pursuant to Chapter 203:[1]
[Amended 1-25-2011 by Ord. No. 5175; 12-27-2011 by Ord. No. 5226; 4-22-2014 by Ord. No. 5226]
(1) 
No license shall be transferred to any location within 1,000 feet of an existing license issued pursuant to § 203-4C by the Township. The distance shall be the shortest linear distance between any part of the outside of the building in which the establishment is located to any part of the outside of the building of the other entertainment licensed.
(2) 
No license shall be transferred to any location within 1,000 feet of any residential zone or residential property as measured from the point upon the outside walls of the building or building lease space containing the business to the nearest property line of the residential property. The distance shall be the shortest linear distance between any part of the outside of the building in which the establishment is located to any residential lot line.
[1]
Editor's Note: For similar provisions, see § 199-23, Go-go dancing.
[Amended 4-12-2011 by Ord. No. 5185[1]]
A. 
Any person desiring a license under this article shall file with the Township Clerk an original application under oath, in writing, on a form furnished by the Township Clerk.
B. 
The application shall set forth the following information:
(1) 
The applicant's name, business name and business address.
(2) 
Whether the applicant is an individual, a partnership, a corporation or another entity and, if another entity, a full explanation and description thereof.
(3) 
If the applicant is an individual, the applicant's residence address.
(4) 
If the applicant is a partnership, the full names, residence addresses, of each partner.
(5) 
If the applicant is a corporation or other entity:
(a) 
In the case of a corporation, the full names, residence addresses, of each major officer and each stockholder, the name and address of the registered agent and the address of the registered agent and the address of the principal office. The term "stockholder," as used herein, means and includes any person owning or having an interest, either legal or equitable, in 10% or more of the stock issued and outstanding of the applicant corporation.
(b) 
In the case of another entity, the full names and residence addresses of each person owning or having an interest, either legal or equitable, aggregating in value 10% or more of the total capital of said entity, the name and address of the registered agent, if any, and the address of the principal office.
(6) 
The number of plenary retail consumption licenses held by the applicant, if any.
(7) 
A specific description of the nature and type of entertainment to be provided on the licensed premises.
(8) 
If the premises are not owned by the applicant, the consent of the owner of the premises for the filing of the application.
(9) 
Each individual, regardless of the applicant's name, who is an owner, must also submit his or her date of birth, social security number and place of birth.
(10) 
All applicants seeking any adult entertainment license, or any for-profit skating rink, miniature golf, arcade, or any application where children under the age of 18 congregate, which is open to the public, without direct and personal supervision, will undergo a criminal background check by either fingerprint, name or both.
(11) 
Upon an initial application for an entertainment license or in the event a new individual name is added to the license, applicants must have their fingerprints taken.
(12) 
On renewal applications, a name check will be conducted by the New Jersey State Police for a criminal record check.
C. 
Upon receipt of such application, the Township Clerk shall submit the same to the Police Department, the Zoning Officer and the Health Department for reports with reference to the compliance or noncompliance with municipal and state rules, regulations, statutes and ordinances and the truth of the matters contained in the application.
D. 
Upon receipt of such application and reports, the Township Clerk shall submit the same to the Township Committee for its consent and approval.
E. 
The Township Committee shall consent to and approve the issuance of such license, unless it reasonably finds that applicant's character and business responsibility are not satisfactory; that a violation of municipal or state rules, regulations, statutes and ordinances exists; that untrue matters are contained in the application for the license; that the issuance of the license will tend to create a nuisance; or that the issuance of such license will adversely affect the good government, order and protection of persons and property and the preservation of the health, safety and welfare of the Township of Union and its inhabitants.
F. 
The Township Committee shall determine that the applicant's character and business responsibility are satisfactory, unless the application, the reports of the various departments or other evidence presented shall tangibly disclose any of the following:
(1) 
Conviction of a crime involving moral turpitude or offenses of public indecency.
(2) 
Prior violations of statutes ordinances or regulations relevant to the furnishing of entertainment.
(3) 
Prior violations of ABC regulations, N.J.A.C. 13:2-23.5, 13:2-23.6, 13:2-23.7 or 13:2-23.14, if applicant holds a plenary license.
(4) 
Conviction for a disorderly persons offense involving gambling.
(5) 
Concrete evidence of bad character.
(6) 
Grounds similar to those listed above which would reasonably cause the Township Committee to determine that the character and business responsibility of the applicant or any partner, officer or stockholder thereof is not satisfactory.
G. 
Upon the consenting approval of the Township Committee of the issuance of a license, the Township Clerk shall issue the same; subject, however, to such appropriate conditions and safeguards, if any, consistent with the intent and purpose of and reasonably necessary to accomplish the objectives of this article and the statutory authority for the same as may be imposed by the governing body.
[1]
Editor's Note: This ordinance also repealed original § 164-6, Processing license applications; recommendations, of the 2004 Code.
[Amended 4-9-1968 by Ord. No. 2468; 11-22-1975 by Ord. No. 3036; 1-27-1976 by Ord. No. 3059; 3-27-1984 by Ord. No. 3699]
A. 
The fees payable for licenses issued under this article shall be upon the following basis:
[Amended 12-13-1988 by Ord. No. 3997; 12-14-1993 by Ord. No. 4282; 9-10-2002 by Ord. No. 4745]
(1) 
For a license to conduct a pool and billiard parlor: $325.
(2) 
For a license to conduct a place for bowling alleys: $250.
(3) 
For a license to conduct a pool and billiard room combined with bowling alleys: $325.
(4) 
For a license to conduct a public dance hall: $250.
(5) 
For a license to conduct a carnival: $2,000 per day.[1]
[1]
Editor's Note: See also Ch. 203, Art. IV, Carnivals, Circuses and Traveling Shows.
(6) 
For a license to conduct a circus: $2,000 per day.[2]
[2]
Editor's Note: See also Ch. 203, Art. IV, Carnivals, Circuses and Traveling Shows.
(7) 
For a license to operate a jukebox or other automatic amusement device: $75 each for each jukebox or device.
(8) 
For a license to conduct a swimming pool: $525.
(9) 
For a license to conduct a skating rink: $500.
(10) 
For a license to conduct a grove for the holding of picnics, outings and gatherings of a similar nature: $125.
B. 
Except as to a carnival or circus, the fee for any license issued after August 1 in any year shall be at the rate of 1/2 the annual fee hereinabove specified.
C. 
The fee for a license to operate a facility where patrons are entertained by persons who pose, exercise, dance or expose themselves for compensation shall be $3,125 per year. The fee for a license to operate a facility where patrons are entertained by viewing graphic material, movies or videos of an explicit nature shall be $4,375.
[Added 5-23-1989 by Ord. No. 4024; amended 12-14-1993 by Ord. No. 4282; 9-10-2002 by Ord. No. 4745]
[Amended 1-25-2011 by Ord. No. 5175; 4-22-2014 by Ord. No. 5303]
Each license shall entitle the licensee to conduct the licensed business or game only at the place designated in the license and shall not be transferable as to place. Each such license shall expire on the 31st day of December of the year in which it was issued, and in the case of a license for a carnival or for a circus, the license shall be effective only for the specific period set forth in said license.
A. 
Licenses issued under the provisions of this article may be revoked by the Township Committee of the Township of Union in the County of Union, after notice and hearing, for any of the following causes:
(1) 
Fraud, misrepresentation or false statement contained in the application for license.
(2) 
Fraud, misrepresentation or false statement made in the course of carrying on the business.
(3) 
Any violation of this article.
(4) 
Conviction of any crime or misdemeanor involving moral turpitude.
(5) 
Conducting the business in an unlawful manner as to constitute a breach of the peace or to constitute a nuisance, a menace to the health, safety or general welfare of the public.
B. 
Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be forwarded by certified mail, postage prepaid, to the licensee at the licensed premises and at his last known address at least five days prior to the date for hearing. Notice may be dispensed with in the event that the Township Committee determines that a hearing is necessary to protect the health, safety and welfare of the Township of Union and its inhabitants.
[Amended 4-12-2011 by Ord. No. 5185]
C. 
All entertainment by persons who pose, exercise, dance or expose themselves for compensation shall be subject to the following regulations:
[Added 5-23-1989 by Ord. No. 4024]
(1) 
Dancing on bars and tabletops shall be prohibited.
(2) 
Indecent exposure by means of unduly abbreviated costumes shall be prohibited.
(3) 
Any performer who acts in a lewd, indecent or immoral manner, causing a charge to be brought against the owner at the time of the violation, shall also be charged with committing an offense.
(4) 
Mud wrestling shall be prohibited.
(5) 
Wrestling between performers and/or any other person shall be prohibited.
D. 
All entertainment or amusement whereby patrons view any sexually explicit material, including but not limited to books, magazines, movies, videos or other graphic depiction, shall be subject to the following regulations:
[Added 5-23-1989 by Ord. No. 4024]
(1) 
Depiction of minors in any sexually provocative manner is strictly forbidden.
(2) 
Depiction of any human being performing an act of bestiality is strictly forbidden.
All places licensed under this article shall be subject to inspection by the Police Department or an officer or officers designated by the Chief of Police for such purpose, and by the Health Officer and Chief of the Fire Department or by subordinates designated by them for such purpose.
Every place of business licensed under this article shall be conducted in a law-abiding, clean and sanitary manner and shall provide adequate sanitary arrangements and facilities in accordance with its necessities and shall comply with all regulations, provisions and ordinances of the Township of Union, or of its Board of Health or any law which may be applicable to such places.
It shall be the duty of every police officer of the Township of Union to enforce the provisions of this article against any person found to be violating the same.
The Township Clerk shall maintain a record for each license issued and record the reports of any violation on said record.
As used in this article, the following terms shall have the meanings indicated:
PERSON
Includes the singular and the plural and shall also mean and include any person, firm, corporation or association, club, copartnership or society or any other organization.
PUBLIC DANCE HALL
A room or place in which dancing is carried on with or without the payment of a fee or a charge.
[Amended 11-25-1975 by Ord. No. 3036; 10-28-1986 by Ord. No. 3879; 12-13-1988 by Ord. No. 3998; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person, firm or corporation violating any of the provisions of this article shall be subject to one or more of the following: imprisonment in the county jail or in any other place provided by the municipality for the detention of prisoners for any term not exceeding 90 days or by a fine not exceeding $2,000 or by a period of community service not exceeding 90 days, to become effective on the effective date of this section.