[Adopted 5-17-1978 by Ord. No. 1291; amended in its entirety 3-20-2002 by Ord. No. 4/02]
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.
[1]
Editor's Note: Former § 114-68, Fee, was repealed 9-4-2019 by Ord. No. 16/19. See now § 186-10O.
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.
A. 
Any license issued under this article may be suspended or revoked for violation of any of the provisions of this chapter or any provision of any applicable statute or any of the rules or regulations of the State Director of Alcoholic Beverage Control.
B. 
Proceedings for suspension or revocation shall be in accordance with the provisions of N.J.S.A. 33:1-31, by service of a five-day notice of charges preferred against the licensee and affording a reasonable opportunity for hearing.
C. 
Suspension or revocation of a license shall be in addition to any other penalty which may be imposed for a violation of this article.
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.