[HISTORY: Adopted by the Township Council of the Township of Brick 4-10-1979 by Ord. No. 363-79 (Ch. 93 of the 1989 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 267.
No person, partnership, corporation, organization or group shall promote, advertise, operate, conduct or participate in any public or quasi-public exhibition, demonstration, show, festival, parade, dance, theatrical performance or similar planned event or other indoor or outdoor assembly of persons to which 1,000 or more people at one time are directly or indirectly invited to attend unless the person, partnership, corporation, organization or group promoting, advertising, operating or conducting the same shall first have obtained a license from the Township of Brick in the manner and upon the conditions hereinafter set forth.
A. 
A written application for a license hereunder shall be signed by the person, persons or parties conducting the event and filed, in triplicate, with the Clerk of the Township, accompanied by the fee payable hereunder.
B. 
The applicant shall set forth in the application for license the following information:
(1) 
The names and addresses of the person or persons or, in the case of a corporation, the names and addresses of the president, vice president, secretary, treasurer and directors or trustees responsible for conducting or participating in the event described in § 104-1 hereof.
(2) 
The type of licensed event referred to in § 104-1 herein desired to be conducted and a statement of the purposes of such activity, whether for pecuniary profit or charitable purposes, and, if charitable, a statement of the charity or charities to be benefited.
(3) 
The proposed location and the premises or portion thereof available for such event.
(4) 
Whether the premises are owned by the applicant or, if not owned, the name and address of the lessor or licensor and the terms of the lease or license.
(5) 
A designation of the premises or portion thereof, or other areas, intended to be used for the parking of automobiles, including a statement, in square feet, of the area to be devoted for this purpose.
(6) 
A map or sketch showing the entire area sought to be licensed and delineating thereon the area to be used for the parking of automobiles, and further showing driveways or means of ingress to and egress from said premises and the names and addresses of all property owners adjoining the premises on which the event will be conducted and/or the area to be used for parking purposes.
(7) 
If applicable, a statement of the number of persons to be engaged as performers in the event sought to be licensed.
(8) 
A statement of the reasonable projected number of persons who are anticipated to watch, observe or attend the event sought to be licensed.
(9) 
A statement of the locations where the applicant has promoted, operated or conducted similar events within the last five years.
(10) 
A description of the existing or proposed additional sanitary and water facilities, which shall be sufficient to accommodate the number of persons reasonably projected to attend the event.
(11) 
A plan for the safe handling and sale of food and beverages and proof of the availability of means to provide sufficient food and beverages to ensure the health and well-being of the projected number of persons expected to attend the event.
(12) 
A plan for medical and similar facilities which the applicant intends to provide in view of the projected number of persons expected to attend the event.
C. 
Annexed to such application shall be the written permission of the record owner or owners of the premises intended to be used or, if the same are owned by the State of New Jersey, the County of Ocean or another governmental unit, then the written permission of the officer or agent having authority to permit the use of such premises for the purposes stated above.
D. 
The applicant, prior to the event, shall post a bond, suitable to the Township Council as to amount and surety, to ensure cleanup and restoration of the area at which such event takes place within 48 hours after the close of the event.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
The applicant shall pay a nonrefundable application fee of $100 to the Clerk of the Township upon filing an application for a license as provided hereunder to compensate the Township for its expense in processing the application.
B. 
The applicant shall submit to the Clerk of the Township with the application a written commitment from a responsible insurance company licensed to do business in the State of New Jersey indicating that the applicant will be insured in the minimum amount for the following occurrences:
(1) 
On account of liability for accidental injury to one person: insurance in the amount of $100,000.
(2) 
On account of liability for accidental injury to two or more persons insurance in the amount of $1,000,000.
(3) 
For property damage to public property or private properties other than the site in question: insurance in the amount of $50,000.
C. 
Where it shall appear that the nature or size of the event or the existence of other applicable insurance will not reasonably require the limits hereinabove related, the Township Council may set lesser limits or accept such evidence of other insurance or financial responsibility as will reasonably afford protection to the participants of the event and the general public.
A. 
The Clerk of the Township shall, upon receipt of the application, refer a copy of the application promptly to the Mayor. Township Council, Department of Public Safety, Division of Inspections, and the Board of Fire Commissioners of the district in which the property is situated in order that each might complete and submit to the Township Council an investigation report and recommendation, which shall include the following:[1]
(1) 
The Director of the Department of Public Safety shall cause to be investigated and shall report upon the following:
(a) 
The background of the applicant and the factual accuracy of the application.
(b) 
The extent to which the proposed event may adversely affect the health, safety or welfare of the persons attending the event or the general public.
(c) 
The extent to which, if any, the event sought to be licensed shall require additional police activity in order to protect the public health, safety and welfare.
(d) 
The adequacy of the proposed parking and traffic control plan.
(e) 
Such other matters as may reasonably be required by the nature and size of the proposed event or as may be directed by the Township Council.
(2) 
The Director of the Division of Inspections shall cause to be investigated and shall report upon the following:
(a) 
The extent to which the event may adversely affect the health, safety or welfare of the persons attending the same or the general public.
(b) 
The extent to which the nature of the event and its operations would promote violations of municipal ordinances.
(c) 
The adequacy of any structure which is anticipated to be used in connection with the event.
(d) 
Such other matters as may reasonably be required by the nature and size of the proposed event or as may be directed by the Township Council.
(3) 
The Board of Fire Commissioners shall cause to be investigated and shall report upon the following:
(a) 
The factual accuracy of the application as it pertains to the sufficiency of any structure to contain the number of persons anticipated to attend the event.
(b) 
The extent to which the nature of the event with respect to fire control may adversely affect the health, safety and welfare of the persons attending the same or the general public.
(c) 
Such other matters as may reasonably be required by the nature and size of the proposed event or as may be directed by the Township Council.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
The above reports shall be in writing and shall contain a statement of recommendations and the reasons therefor. Each report shall be filed with the Township Clerk at least five days prior to the meeting at which the application is to be considered and shall be available for inspection by the applicant and the general public.
The applicant shall be required to comply with the following minimum requirements as conditions for the issuance or maintenance of any license issued hereunder:
A. 
Adequate sanitary facilities must be provided sufficient to accommodate the projected number of persons expected to attend the event.
B. 
Medical or first aid facilities shall be provided sufficient to accommodate the projected number of persons expected to attend the event.
C. 
A parking and traffic control plan for the number of persons projected to attend the event must be formulated, which plan must be sufficient to ensure a free flow of traffic and make available rapid access for emergency vehicles. Further, the applicant shall provide adequate off-street parking facilities on the site or within 1,500 feet thereof to accommodate the projected number of persons expected to attend the event. For this purpose, a "parking space" shall be deemed to be any space designated on a prior approved site plan or an area having a width of 10 feet and depth of 20 feet bordering on an access lane which shall have a minimum width of 25 feet.
D. 
The number of persons permitted to attend the event shall be restricted to a maximum of four persons per authorized parking space in accordance with the provisions of Subsection C above, except where such requirement is more restrictive than the terms of a site plan approved as to any structure where such event is to take place.
E. 
If the event is to be conducted outdoors and involves the amplification of sound on a continuous basis, the location of the performance shall be at least 1,500 feet from the nearest residential dwelling.
F. 
The applicant shall be required to comply with such other conditions as shall be imposed by the Township Council upon the issuance of a license after receiving those reports provided for in § 104-4 herein and which such conditions shall be reasonably related to the protection of the public health, safety and welfare.
A. 
The Township Council shall set a time and place for a hearing on the application, which shall be held within 45 days of the date on which the completed application is filed with the Township Clerk. The Township Council shall direct the Township Clerk to publish a legal notice to the general public, indicating the time, date and place of said hearing, which notice shall be published not less than three days nor more than 10 days prior to the established hearing date. At the hearing, the applicant, officials reviewing the application pursuant to § 104-4 above and the general public may offer such evidence as relates to this application. Within seven days after the closing of the hearing, the Township Council shall render a determination on the application, and, if the determination is favorable, a license shall be issued through the Township Clerk. In the event that the determination shall be a denial of the application, then a copy of said determination, with the reasons denying the application, shall be served upon the applicant at the mailing address designated in the application.
B. 
The Township Council may grant the license for which application is made; subject, however, to such conditions as are reasonable and appropriate so as to ensure the health, safety and welfare of the persons anticipated to attend the event, as well as the general public.
A. 
The license authorized to be issued shall be issued by the Township Council and executed by the Mayor and Township Clerk.
B. 
The license shall set forth and describe with particularity the place where the event is to be conducted and the period of time during which it may continue. Licenses issued shall be for one day only; provided, however, that under special conditions the Township Council may approve a license for a period of not more than three days. The applicant shall pay a license fee as established in § 104-8 hereof for each and every day involved.
C. 
The license herein authorized shall not be issued until all fees set forth herein have been paid the Township Clerk or other Township official as provided for in this chapter.
D. 
Any license authorized to be issued hereunder shall be issued in accordance with all provisions of this chapter.
[Amended 5-22-1979 by Ord. No. 363-A-79]
The fee to be paid prior to the issuance of a license shall be $100. The license fee shall be in addition to the application fee set forth in § 104-3 hereof.
A. 
No person or party licensed hereunder shall allow, suffer or permit any exhibition, performance or gathering of persons to be conducted for any unlawful purpose or in any unlawful, disorderly, obscene or lewd manner.
B. 
No person or party licensed hereunder shall allow any performer to perform or to be displayed in the nude.
C. 
No person or party licensed hereunder shall permit any employees or persons attending the event to completely undress, go about in the nude or become undressed or go about in a lewd, obscene or indecent manner.
D. 
The licensee shall allow the Police Department of the Township or any persons duly authorized by the Township to inspect the licensed premises or any part thereof and the performances of any event conducted by the licensee at any time prior to or during the licensed event.
E. 
The licensee shall take all proper means to assist in the orderly conduct and presentation of its event, to maintain a flow of traffic and use of the premises for the health, safety and welfare of the persons attending the event, as well as the general public. For this purpose, the licensee shall employ or obtain sufficient personnel to carry out these objectives.
F. 
The licensee shall maintain at its own expense one or more persons or agents responsible for the proper conduct of the event, who shall remain upon the premises licensed at all times during the period in which the license shall be in effect. The name, address and description of the person, persons or agents responsible shall be furnished to the Township Clerk before the beginning of the licensed period, and, in the event that any change is made in the person, persons or agents responsible herein, notice of such change, with the names and addresses and descriptions of the persons to be substituted, shall be furnished to the Township Clerk at least 24 hours prior to conducting the licensed event. The Police Department or any other authorized officers or agents of the Township may require the licensee to introduce the person, persons or agents responsible for the conduct of the licensee's activities at least 24 hours prior to the licensee's conducting of the event.
G. 
No licensee shall violate or suffer or permit the violation of any term or condition of any license issued under this chapter.
A. 
In the event that any of the provisions of this chapter shall be violated, the Township Council, through the Department of Law and Public Safety or its authorized officers or agents, may terminate or suspend any license issued hereunder where it appears that any of the following conditions exists:
(1) 
The application is materially false or purposely misleading and such fact was not earlier discovered despite the diligence prior to such time.
(2) 
The number of persons attending the event exceeds by 20% the number projected by the applicant.
(3) 
New or substantially changed conditions have arisen so as to imperil or materially endanger the public health, moral safety or welfare.
B. 
The procedure for revoking or suspending the license shall be as follows:
(1) 
The Township Council, through the Departments of Law and Public Safety, shall cause a written notice of the alleged violation of this chapter or any other laws involved to be served upon the applicant or any of the agents of the applicant upon the premises, together with a notice of the time, place and hearing to be held, not less than 72 hours after service, directing the licensee to show cause before the Township Council why the license should not be suspended or revoked.
(2) 
At the hearing of the Township Council, all evidence offered by the licensee, Township officials and general public which is material to the issue shall be offered, and the Township Council shall make a prompt determination of its findings. If the findings are made in favor of the licensee, the license issued hereunder shall continue under the terms and conditions by which it was issued. If the findings are against the licensee, the license may be revoked entirely or conditioned in such manner as the Township Council may direct In the event of complete revocation, the licensed event shall be terminated, and all license fees, insurance policies or funds posted with the Township Clerk shall be returned to the licensee within 72 hours following the date of the projected event.
Whenever notice is required to be given to the applicant or licensee hereunder, such service of notice may be made by registered mail or certified mail to the address of the applicant indicated in the application or by personal service of such notice upon the applicant or any of the agents of the applicant upon the licensed premises.
The following persons, partnerships, organizations or groups are exempt from the operation of this chapter.
A. 
Charitable or nonprofit organizations.
B. 
Veterans organizations or local service groups.
C. 
Quasi-governmental groups and associations, such as police, fire or civil defense organizations.
D. 
Events sponsored by governmental units, the Township, County of Ocean or State of New Jersey.
A. 
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished as provided in Chapter 1, § 1-15, General penalty. A separate offense shall be deemed committed for each separate day involved or on each day involved during the continuation of any such event in violation of any of the provisions of this chapter.
[Amended 3-14-1989 by Ord. No. 666-89]
B. 
The penalty or penalties provided herein shall be in addition to and not in lieu of the suspension or revocation of any license hereunder.