[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.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 76.
Amusements and amusement devices — See Ch. 79.
Uniform construction codes — See Ch. 97.
Games of chance — See Ch. 119.
Licensing — See Ch. 131.
Poolrooms — See Ch. 164.
For the purpose of this chapter, the words and phrases used in this chapter, unless the context otherwise indicates, shall have the following meanings:
CLERK
The Township Clerk of the Township who is designated as licensing official under this chapter. It also includes his/her designee.
EMPLOYEE
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.
ENTERTAINER
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.
ENTERTAINMENT
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:
A. 
Any variety act, performance of music, singing, dancing, gymnastics, acrobatics, legerdemain, demonstration, display or parade;
B. 
Any circus or any exhibition of animals;
C. 
Any amusement center or amusement park;
D. 
Any computer or video games center;
E. 
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;
F. 
Any combination of any of the above forms of public entertainment.
MANAGER
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.
MEMBER OF THE PUBLIC
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.
OPERATOR
Any person operating, conducting or maintaining a public place of entertainment.
OWNER
Shall include any person or entity who or which operates, owns, uses, profits from or otherwise.
PUBLIC PLACE OF ENTERTAINMENT
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.
SECURITY EMPLOYEE
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:
(a) 
A motor vehicle operator's license issued by any state bearing the applicant's photograph and date of birth; or
(b) 
A state-licensed identification card bearing the applicant's photograph and date of birth.
(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.
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.