[HISTORY: Adopted by the Township Committee
of the Township of South Hackensack 12-2-1976 as Ch. 87 of the 1976 Code; amended
in its entirety 8-10-2006 by Ord. No. 2006-15. Subsequent amendments
noted where applicable.]
For the purpose of this chapter, the words and
phrases used in this chapter, unless the context otherwise indicates,
shall have the following meanings:
The Township Clerk of the Township who is designated as licensing
official under this chapter. It also includes his/her designee.
Any and all persons, including entertainers, who work in
or at or render any services directly related to the operation of
a public place of entertainment which offers, conducts or maintains
public entertainment.
Any person who provides entertainment within a public place
of entertainment as defined in this section, whether or not a fee
is charged or accepted for entertainment, and all other persons who
schedule, book, refer, employee, assist in employment or services,
receive any money or thing of value from the entertainer, or are associated
with the entertainer.
Any of those acts or actions set forth herein, including
but not limited to the following occurring in a public place, other
than property owned and maintained by the municipality or other local
unit of government:
Any variety act, performance of music, singing,
dancing, gymnastics, acrobatics, legerdemain, demonstration, display
or parade;
Any circus or any exhibition of animals;
Any amusement center or amusement park;
Any computer or video games center;
Any sporting contest of any kind between any
number of persons or animals, other than that organized by any registered
society, trade union, company or association;
Any combination of any of the above forms of
public entertainment.
Any person who manages, directs, administers or is in charge
of the affairs and/or the conduct of any portion of any activity involving
entertainment occurring at any place offering entertainment.
Any customer, patron, club member, or person other than an
employee as defined in this section, who is invited or admitted to
an entertainment business.
Any person operating, conducting or maintaining a public
place of entertainment.
Shall include any person or entity who or which operates,
owns, uses, profits from or otherwise.
Any area or building, or part thereof, where an exhibition,
performance or dance constituting entertainment as defined above which
is for the use or benefit of a member or members of the public, or
advertised for the use or benefit of a member of the public, is held,
conducted, operated or maintained for a profit, direct or indirect.
An employee who controls or maintains security on the premises,
access to the premises, collects admission fees, coverage charges
or entrance fees.
[Added 4-3-2008 by Ord. No. 2008-06]
A.
No public place of entertainment shall be operated
or maintained in the Township, unless the owner or lessee thereof
has obtained a license from the Township Clerk as hereinafter set
forth.
B.
It is unlawful for any entertainer, employee or operator
to knowingly work in or about or to knowingly perform any service
directly related to the operation of an unlicensed public place of
entertainment.
C.
The license year shall be from January 1 to December
31 of each year. All licenses shall expire on the 31st day of December
each year. Except as hereinafter provided, all license fees shall
be payable on an annual basis and shall not be refundable. Annual
license fees shall be $300 per year for a public place of entertainment
license.
D.
License fees shall not be prorated, except that if
the original or initial application for license is made subsequent
to June 30 in any year, the license fee for the remainder of that
year shall be one-half of the annual license fee. Licenses issued
under this chapter may not be assigned or transferred.
E.
Applications for renewal of licenses issued under
this chapter shall be filed with the Clerk on or before the expiration
date provided for in this section in the same manner as the original
application providing the Clerk with current information and accompanied
by payment of the same fees as are in effect for an original application
for that license for the license year applied for.
[Amended 4-3-2008 by Ord. No. 2008-06[1]]
No person shall be an owner or operator or work
as a manager, entertainer or security employee at a public place of
entertainment without having first obtained an owner's or operator's
license or a manager's or an entertainer's or security employee's
license from the Township Clerk pursuant to this chapter. The annual
fee for such a license shall be $75. Additionally, each applicant
for a manager's and entertainer's or security employee's license shall
pay a fee in the amount of $5 to cover the cost of the picture required
by this chapter.
[1]
Editor's Note: This ordinance also provided
that the fee of $75 would be effective 7-1-2008 and that all other
provisions of said ordinance would take effect 6-1-2008.
A.
Public place of entertainment license. All applications
for a public place of entertainment license shall be submitted in
the name of the person or entity proposing to conduct such activity
on the business premises and shall be signed by such person or his
or her agent and notarized or certified as true under penalty of perjury.
All applications shall be submitted on a form supplied by the Township
Clerk, which shall require the following information:
(1)
The name, home address, home telephone number, date
and place of birth, and social security number of the applicant if
the applicant is an individual;
(2)
The business name, address and telephone number of
the establishment;
(3)
The names, addresses, telephone numbers and social
security numbers of partners, corporate officers or shareholders who
collectively own 51% or more of the business, including state and
federal taxpayer identification numbers;
(4)
The name, address and telephone number of the owner
of the property on which the public place of entertainment is located.
B.
Application for owner, operator, manager or entertainer
license. All applications for this license shall be signed by the
applicant and notarized or certified to be true under penalty of perjury.
At the time of application, a picture shall be taken of the applicant
by the Township Clerk. Said picture shall be secured to the official
Township license, which must be displayed as set forth herein. All
applications shall be submitted on a form supplied by the Township
Clerk, which shall require the following information:
(1)
The applicant's name, home address, home telephone
number, date and place of birth, social security number and any stage
names or nicknames used in entertaining:
(2)
With the application any applicant shall present photo
identification which shall include:
(3)
The Township Clerk shall issue the license promptly upon receipt of the application, the information required to be in the application, the investigation by the Police Department in accordance with Subsection D of this section and the license fee. At the time of application, a picture shall be taken of the applicant by the Township Clerk.
C.
If the identity of any person or entity changes, notice
shall be provided in writing to the Township Clerk forthwith.
D.
The Clerk, upon presentation of such applications
and before acting upon the same, shall refer such applications to
the Police Department, which shall make a full investigation as to
the truth of the statements contained therein.
E.
Said application shall be approved or denied within
10 working days after submission of an application and all required
information and payment of the required fees.
A.
The Township may suspend or revoke any license issued
pursuant to this chapter for a period of time not to exceed one year
where one or more of the following conditions exist:
(1)
The license was procured by fraud or false representation
of fact in the application or in any report or record required to
be filed with the Township;
(2)
The building, structure, equipment, operation or location
of the business for which the license was issued does not comply with
the requirements or fails to meet the standards of this chapter;
(3)
The licensee, his or her employee, agent, partner,
director, officer or manager has violated or knowingly permitted a
violation of any of the provisions of this chapter.
B.
The procedure for revoking or suspending a license
under this chapter shall be the following: Upon determining that grounds
for revocation or suspension exist, the Township Clerk shall send
the licensee a notice of intent to revoke or suspend the license.
Such notice shall set forth the grounds for suspension or revocation
and schedule a hearing before the Township Committee. The hearing
shall be held no earlier than 10 days and no later than 30 days from
the date of notice of intent to revoke. The licensee shall be permitted
to present evidence in support of its position at the hearing. The
hearing may be continued by formal action of the Township Committee
for successive two-week periods. Within 10 business days after the
final hearing, the Township shall notify the licensee in writing of
the determination and reasons therefor. Such decision shall be final
and conclusive as of the date set forth in the decision. Appeals as
permitted by law to the Superior Court of New Jersey are permitted
for review of the governmental actions within 45 days of the issuance
of the final decision.
Any person knowingly violating any of the provisions
of this chapter may be charged with a disorderly persons offense and
prosecuted under the laws of the State of New Jersey.
All other Township approvals and permit issuance
other than those specifically set forth in this chapter, including
but not limited to fire, building and zoning, are separate from the
licensing process set forth in this chapter. The granting of any license
or the providing of any approval pursuant to this chapter shall not
be deemed to be an approval of any Township permit or approval not
specifically set forth in this chapter. Licensees operating premises
licensed under this chapter shall hold those areas upon the premises,
which are accessible to the public, open for routine regulatory inspections
by the Township during business hours to ensure compliance with the
requirements of this chapter. This section shall not restrict or limit
the right of entry vested in any law enforcement agency or the Fire
Department.
A.
After an investigation, the Clerk shall issue the
applicable license or licenses authorized by this chapter if the Clerk
finds:
(1)
That the applicant complies with all of the requirements
of this chapter; and
(2)
That the applicant, his or her employee, agent, partner,
director, officer, stockholder or manager has not made any false,
misleading or fraudulent statement of fact in the application for
a license, or in any report or record required to be filed with the
Clerk.
B.
The license application shall be approved or disapproved
within 10 business days from the date of filing a completed application,
which complies with the requirements of this chapter, unless the applicant
agrees to an extension of the time period in writing.
C.
In the event that the Township denies a license, the
Township shall, within the previously mentioned ten-day period, notify
the applicant of the denial and the reasons therefor.
D.
The license shall be issued on an official form of
the Township of South Hackensack together with an attached photograph.
For operators, manager and entertainers, the photographic license
shall be worn at all times on the licensed premises of the public
entertainment facility.
A.
It is unlawful for any person to own, conduct, manage
or operate a public entertainment facility unless such person is the
holder of a valid and subsisting license from the Township.
B.
It is unlawful for any entertainer, operator, employee
or manager to knowingly work in or about or to knowingly perform any
service or entertainment directly related to the operation of an unlicensed
public entertainment facility.
C.
It is unlawful for any entertainer to perform in a
public entertainment facility unless such person is the holder of
a valid license from the Township and displays such license at all
times while on the licensed premises.
D.
It is unlawful for any operator or manager to work
in a public entertainment facility unless such person is the holder
of a valid license from the Township.
A.
One or more licensed managers shall physically be
on the premises of public entertainment facility at all times that
oriented entertainment is being provided.
B.
The licensed manager or owner shall not knowingly
permit any employee, as defined in this chapter, to violate any provisions
of this chapter.
C.
"Knowingly permit," for purposes of this section,
shall be defined as an owner or manager being aware of a fact, circumstance
or result that is defined in this chapter as being unlawful and permitting
that unlawful conduct to occur or failing to take reasonable steps
to stop such conduct from continuing to occur.
D.
It is unlawful for a licensed owner or manager to
fail to comply with any of the requirements of this section. A violation
of this section shall be a disorderly persons offense.
This chapter is not intended to create a cause
of action or provide the basis for a claim against the Township officials
or its employees for the performance of or the failure to perform
a duty or obligation running to a specific individual or specific
individuals. A duty or obligation created under this chapter is intended
to be a general duty or obligation running in favor of the general
public.
Notwithstanding the existence or use of any
other remedy, the Township may seek any and all legal or equitable
relief to enjoin an act or practice that constitutes or will constitute
a violation of this chapter or an applicable rule adopted under this
title.
