No dancer shall perform, entertain or otherwise
be engaged in or about any premises licensed for the sale of alcoholic
beverages unless said dancer shall first obtain a dancer's identification
certificate.
Application for a dancer's certificate shall
be made on forms to be provided by the Department of Public Safety,
and the applicant shall be obliged to make full and complete answers
in writing thereon as to identity, character, previous employment
and general dancing experience.
Each applicant shall be obliged to submit to
the taking by the West New York Police Department of an impression
of the thumb and fingerprints of each hand.
In addition to the fingerprint record, each
applicant shall submit with the application four photographs (two
inches by two inches) which shall have been taken no later than one
year prior to the date of submission.
Unless good cause is shown to the contrary,
each applicant shall be issued a dancer's identification certificate
within five days of the submission of the completed application.
Said identification certificate shall be maintained
on file on the premises of the licensee to be exhibited upon demand
of proper authority at any time. Said certificate, however, shall
remain at all times the property of the Town of West New York.
Each certificate shall pertain to employment
only on the premises for which it is issued and shall be returned
to the Town of West New York by the licensee of the premises for which
it is issued at the time of the termination of the employment of the
individual whom it identifies.
No alcoholic beverage licensee shall authorize,
permit or suffer any dancer to perform in his, her or its licensed
premises unless the dancer shall have complied first with all the
provisions of this article. If any dancer performs at more than one
location, the dancer will be issued a separate identification card
for each location.
Identification certificates issued under the
provisions of this article may be revoked for any of the following
reasons:
A. Fraud, misrepresentation or falsifying a statement
contained in the application for an identification certificate.
B. Violation of regulations and rules of the Division
of Alcoholic Beverage Control.
C. Any violation of this article.
Any person denied an application for an identification
certificate or who shall have an identification certificate revoked
shall have the right of appeal to the Alcohol Beverage Control Board
of the Town of West New York. Such appeal shall be taken by filing
with the Director of the Department of Public Safety of the Town of
West New York a notice of appeal within 14 days after the notice of
the action complained of has been mailed to such person's last known
address. Said notice of appeal shall contain a written statement setting
forth fully and completely the grounds for the appeal. The Alcohol
Beverage Control Board of the Town of West New York shall set a time
and place for a hearing of such appeal, and notice of such hearing
shall be given to the appellant by certified mail. Said hearing shall
take place within 30 days of said mailing. The decision and order
of the Alcohol Beverage Control Board of the Town of West New York
shall be final and conclusive.
Each certificate shall be for the year commencing
July 1 and ending June 30, or for part thereof. All applications must
be renewed each year by July 1.
No dancers' identification certificates shall be issued to any person where the application of that person indicates that the intended dancing performance shall violate the prohibitions for lewd performances or appearance with portions of body uncovered as prohibited in §§
114-38 and
114-39, and further, the Town of West New York may revoke any dancer's identification certificate which may have been issued if actual performances made by the dancer shall violate the prohibition set forth in §§
114-38 and
114-39.
This article shall take effect immediately upon
approval by the Director of the Division of Alcoholic Beverage Control
and shall otherwise take effect as provided by law. If any part, paragraph
or section of this article shall not be approved by the Director,
such disapproval shall not affect any other part, paragraph or section.