[Added 2-20-2001 by Ord. No. 8-2001]
It shall be the duty and responsibility of the
Department of Parks and Public Property to enforce the provisions
of this article as hereinafter provided.
The Department of Parks and Public Property
shall have those powers and duties which are necessary to carry out
the intent and purpose of these regulations including, but not limited
to, the following enumerated powers and duties:
A.
To inspect the operation of the permittee on public
lands to ensure compliance with these regulations and the conditions
imposed.
B.
To investigate potential violations of these regulations
or the conditions imposed.
C.
To serve a written notice of violation on the permittee
when there is an alleged violation of the regulations or conditions
imposed.
D.
To serve a notice of suspension or revocation of the
permit when a municipal official has suspended or revoked the permit
pursuant to these regulations.
E.
To file a complaint with the Municipal Court against
any person allegedly violating these regulations or the conditions
imposed.
The purpose of this article is to license and
regulate the standards and manner in which special events shall be
conducted on public lands owned or leased by the City of Millville
to ensure the protection of the public health, safety and welfare,
and to ensure the preservation of public lands and improvements and
their aesthetic character for the enjoyment of the public at large.
A.
Except as otherwise provided herein, special events authorized by this article shall be exempt from the licensing fees and regulations contained in Chapter 33 of the Municipal Code.
B.
Special events without alcoholic beverages may be
conducted on public lands owned or leased by the City of Millville
pursuant to these regulations.
C.
Special events with alcoholic beverages may be conducted
only on the following public lands: the riverfront area east of the
Maurice River from Main Street to Brandriff Avenue in an area appropriately
designated by the Department of Parks and Public Property for the
special event.
As used in this article, the following terms
shall have the following meanings unless the context clearly indicates
that a different meaning is intended:
Beer, wine and wine coolers only and shall not include liquor
or distilled spirits.
A permit issued by the City Clerk to an applicant authorizing
the sale of alcoholic beverages at a special event pursuant to these
regulations. The applicant must possess a permit obtained with the
New Jersey Division of Alcoholic Beverage Control for Social Affairs,
Catering or Extended Premises and approved by the Chief of Police
and City Clerk.
[Amended 2-18-2020 by Ord. No. 2-2020]
Any conditions contained in the permit, or any conditions
included in the resolution adopted by the governing body approving
the special event, or any conditions imposed by the Department of
Parks and Public Property for the use of public lands by the permittee
for the special event.
An area clearly designated for the distribution or sale of
alcoholic beverages in accordance with New Jersey Division of Alcoholic
Beverage Control regulations.
[Amended 2-18-2020 by Ord. No. 2-2020]
A natural person, association, corporation, limited liability
company, partnership, trust or other legal entity.
Lands and improvements owned or leased by the City of Millville
including public alleys, highways, roads and streets.
An artistic, educational, recreational or social event sponsored,
co-sponsored or authorized by the City of Millville for the benefit
of the public at large which may or may not have a charge for admission.
No person shall conduct a special event on public
lands owned or leased by the City of Millville unless licensed to
do so by the City Clerk pursuant to these regulations.
A.
The fee for a special events permit shall be $100
for the permit plus $100 per day for each day that the special event
is authorized to be held by the permit.
B.
The fee for a municipal alcoholic beverage vendor's
permit shall be $200 for the permit plus $100 per day for each day
that the sale of alcoholic beverages is authorized by the permit during
a special event.
C.
All permit fees shall be paid to the City Clerk when
the application is filed.
D.
The permit for a special event shall not be issued
for longer than 10 days at one time, but it may be issued for nonconsecutive
days not to exceed 10 total days.
E.
The permit for a municipal alcoholic beverage vendor's
permit shall not be issued for a period of time that is longer than
the special event permit, but it may be issued for a shorter period
of time.
A.
Special events sponsored solely by the City of Millville
are exempt from the payment of the fee for a special event permit.
A special event sponsored or co-sponsored by a local nonprofit organization
held for the benefit of the Millville residents at large which is
open to the public free of charge, and where no beverages, food, goods
or services are sold by vendors sponsored by the local nonprofit organization,
is exempt from the payment of the fee for a special event permit.
Examples include the following special events:
(1)
An art exhibit sponsored by the Millville Development
Corporation.
(2)
A baby contest held by the Department of Parks and
Public Property.
(3)
A Christmas parade sponsored by the Millville Chamber
of Commerce.
(4)
A spirit parade and rally sponsored by the Millville
Board of Education.
(5)
Youth week sponsored by the Millville Elks.
B.
When the local nonprofit organization desires to sponsor vendors for beverages, food, goods or services for the special event, the vendors' permit fees required by Chapter 33 of the Municipal Code may be waived by the governing body. However, the local nonprofit organization must pay the special event permit fees to the City Clerk in lieu of the vendors' permit fees.
C.
When the local nonprofit organization desires the exclusive use of the public lands for the special event for the time period designated in the special event permit, the governing body may authorize this use in the resolution approving the special event. When this occurs, the City Clerk shall not issue licenses or permits pursuant to Chapter 33 of the Municipal Code which allows nonsponsored vendors to sell beverages, food, goods or services on the public lands covered by the special event permit.
The application for the permits required by
this article shall be made in writing and filed with the City Clerk.
Each application shall be filed in a timely fashion and contain the
following information:
A.
The person sponsoring the special event shall file
the application for a special event permit at least 30 days before
the date set for the special event.
B.
The application for a special event permit shall contain:
(1)
The name and address of the sponsor and the proposed
activity;
(2)
A list of the names and addresses of all vendors participating
in the special event and the activity each vendor will perform;
(3)
The requested date or dates for the special event
and the proposed hours of operation for each day;
(4)
An estimate of the daily crowd expected at the event
together with the security measures to be utilized for crowd control
and traffic safety; and
(5)
Such other information requested by the City Clerk
in the application form.
C.
The application for a municipal alcoholic beverage
vendor's permit shall contain the name and address of the applicant;
the requested date or dates for the permit and the proposed hours
of operation for each day; a sketch of the distribution area which
provides specific dimensions, boundaries, entrance points, exit points,
perimeter control, location of the bar area and location where identification
will be checked. The application shall also include a copy of the
applicant's NJABC retail consumption license and either a NJABC catering
permit or extension of premises permit.
A.
No special event shall be held on public lands pursuant
to this article without the approval of the governing body.
B.
No special event shall be held on public lands pursuant
to this article until a special events permit has been issued by the
City Clerk.
C.
No alcoholic beverages shall be sold or distributed
on the public lands pursuant to this article until a municipal alcoholic
beverage vendor's permit has been issued by the City Clerk.
D.
The applicant for a special events permit shall provide
liability insurance in the amount of $1,000,000 which covers the special
event and the sale or distribution of alcoholic beverages if applicable.
The City of Millville shall be named as an additional insured under
the policy of insurance. Proof of said insurance shall be filed with
the City Clerk before the permits are issued. The governing body may
lower or waive the insurance requirement in the resolution approving
the special event when the liability risks are minimal for the type
of special event approved.
[Amended 4-17-2018 by Ord. No. 20-2018]
E.
The applicant must execute an indemnification agreement
with the City of Millville which agrees to indemnify and save the
City harmless from all liability related to the special event and
the sale or distribution of alcoholic beverages if applicable. The
form of agreement must be approved by the City Clerk and City Attorney.
F.
The permittee may charge a reasonable admission fee
for the attendance of the public at the special event, provided that
the fee has been approved by the City Clerk.
G.
The hours for sale or distribution of alcoholic beverages must comply with the regulations contained in Chapter 5 of the Municipal Code.
H.
The permittee shall comply with these regulations,
all conditions imposed, and all applicable state and local laws and
regulations.
I.
Persons shall not consume or remove alcoholic beverages
from the area designated for consumption.
J.
Except as otherwise provided herein, all persons shall comply with all applicable ordinances regulating the use of public lands including those regulations contained in § 43-23 of this chapter.
K.
A mark-out is required if erecting a structure which requires the
ground to be penetrated.
[Added 7-2-2019 by Ord.
No. 38-2019]
A.
Any applicant for a permit maybe denied a permit by
the City Clerk or any permit may be suspended or revoked by the Mayor
for any of the following causes:
(1)
The applicant or permittee has filed an application
containing false information.
(2)
The applicant or permittee has failed to comply with
these regulations or the conditions imposed.
(3)
The applicant or permittee has been convicted of an
offense under these regulations.
(4)
The applicant or permittee has violated the Consumer
Fraud Act, N.J.S.A. 56:8-1 et seq.
B.
The applicant or permittee may appeal the decision
of any municipal official by filing a written request for a hearing
before the Beard of Commissioners with the City Clerk within 10 days
of receiving the notice of denial, suspension or revocation of the
permit. The hearing shall be held within 20 days after the request
is filed with the City Clerk.
