[Adopted 8-20-1980 by Ord. No. 1410]
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WHEREAS, there are numerous existing places
of public amusement within the Town of West New York; and
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WHEREAS, the Town of West New York has a population
of 41,000 people, according to the 1975 census, who occupy a total
town area of 1.4 miles; and
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WHEREAS, as a result of the facts aforesaid,
the Town of West New York has a population density of 23.571 persons
per square mile so as to make it one of the most densely populated
communities in the State of New Jersey; and
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WHEREAS, the concentration of large numbers
of persons in any one location in the town which is in close proximity
to another location in the town used for a similar purpose could lead
to an endangerment of the public safety and welfare by reason of traffic
and parking congestion of the streets and traffic control facilities
of the Town of West New York; and
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WHEREAS, the concentration of large numbers
of persons in several public amusement structures located closely
together would create a threat to the safety and welfare of the occupants
of those structures in the event of an emergent police, fire or safety
condition requiring immediate simultaneous evacuation of those structures;
and
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WHEREAS, regulation of the proximity of locations
for places of public amusement is necessary to promote and protect
the health, safety and general welfare of the people of the Town of
West New York; and
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WHEREAS, licensing of places of public amusement
within the Town of West New York is essential for the health, safety,
welfare and protection of the citizens of the Town of West New York;
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Now therefore, be it ordained by the Board of
Commissioners of the Town of West New York, County of Hudson, State
of New Jersey, as follows:
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For the purposes of this article, the following
terms shall have the meanings indicated:
A place of public assemblage where people gather for the
main purpose of dancing, roller or ice skating, listening to or otherwise
observing or partaking in a music-related activity emanating from
either a live band or entertainment group or a preinstalled audiophonic
recording system which dispenses musical renderings over a series
of loudspeakers controlled by a disc jockey or other person in charge.
Any place of public assemblage in which 10 or more people
gather for purposes of amusement and entertainment, including by way
of illustration and not by way of limitation, ice skating rinks, roller
skating rinks, roller disco rinks, discotheque or disco parlors, rock
music halls, music concerts of any type and places of similar import,
but excluding restaurants or other places where people gather for
the predominant purpose of consuming food or beverages and excluding
any other type of use which is already governed and regulated by existing
municipal ordinance or state law.
No person, firm or corporation shall operate
or conduct a place of public amusement as heretofore defined without
having first obtained from the Town of West New York a license so
to do and upon payment to the town of an annual license fee of $50.
Such license shall expire on the first day of February in each year.
Applications for licenses shall be filed with
the Licensing Department of the Town of West New York, setting forth
the following information:
A.
The name, address, age and occupation of the applicant.
B.
Whether or not the applicant has ever been convicted
of a crime or violation of a municipal ordinance involving gambling.
C.
The address and exact location of the premises sought
to be licensed, together with a sketch indicating the exact dimensions
and layout of the proposed licensed area.
D.
Whether the applicant is owner or lessee of the premises.
E.
A brief sketch and description of the permanent entertainment
facility to be installed at the premises.
F.
In the event the applicant is a corporation or partnership,
the application shall set forth the names and addresses of all persons
interested in the application, the extent of the interest of each
person, the officers and stockholders of the corporation and whether
or not any of such persons has ever been convicted of a crime or violation
of a municipal ordinance involving gambling.
A.
All such applications shall be accompanied by the
appropriate license fee as hereinabove set forth, together with a
set of fingerprints of any person to be employed on the premises or
having an interest therein, whether as owner, lessee, operator, manager
or in any other capacity, however employed. In the event that such
application shall be made by a corporation or partnership, said fingerprints
shall be submitted by each partner, officer and director thereof.
Such application shall be submitted to grant or deny the same by the
adoption of an appropriate resolution at the earliest regular meeting
of the Board of Commissioners of the Town of West New York; provided,
however, that the Licensing Department shall first direct said application
to be thoroughly investigated by the Chief of the Police Department
and the Chief of the Fire Department. The results of such investigation
by each of said Departments shall be made in writing, together with
a recommendation for approval or disapproval, as the case may be,
and submitted to the Board of Commissioners for its consideration.
B.
Any application which fails to conform to the requirements
of this article or which contains any misrepresentations shall constitute
sufficient grounds for the denial of the application; or should it
appear that any applicant or member of an applicant firm or corporation,
as herein set forth, has been convicted of a crime or a violation
of a municipal ordinance involving gambling, a license shall likewise
be denied to such applicant.
Any premises which shall be declared to be unsafe
or a fire hazard by the written report of the Fire Department shall
be deemed to be ineligible for a license.
Each license shall entitle the licensee to conduct
the licensed business only at the place designated in the license
and shall not be transferable either as to person, firm or corporation
or premises without application therefor addressed to the Licensing
Department in like manner as the application for an original license.
Proof of gambling in any licensed premises shall
constitute sufficient reason for the revocation of such license by
the Board of Commissioners; provided, however, that not less than
five days' written notice of a hearing shall have been served upon
the licensee, either in person or by registered mail, return receipt
requested, and after the licensee shall have been afforded an opportunity
to be heard in his defense.
Said license may be suspended or revoked by
the Board of Commissioners for violation of any of the terms and provisions
of this article or for any other just and good cause, provided that
the licensee is likewise served with notice of charges and given an
opportunity to be heard.
In the event any license is suspended or revoked,
the licensee shall not be entitled to the return of any portion of
the license fee.
The hours for operating such licensed premises
shall be between 9:00 a.m. and 11:00 p.m., except Friday and Saturday
evenings of each week, on which evenings the licensed premises may
remain open to 12:00 midnight.
No person under the age of 18 years shall be
employed in a licensed premises.
No licensee or any agent, servant or employee
of a licensee shall allow, suffer or permit or cause to be allowed,
suffered or permitted the following:
A.
Any gambling in any form in or at the licensed premises.
B.
Any intoxicated or disorderly person to be admitted
to the licensed premises or to remain therein.
C.
Any loitering or congregating within the licensed
premises or on public or private property outside of and immediately
adjacent to the licensed premises, which shall be considered as conducting
the business in a disorderly manner.
D.
Any entrance or exit to be locked during legal hours
of operation.
E.
Any persons on licensed premises other than during
the hours set forth herein, except those directly operating or employed
in said licensed premises.
F.
Any activity upon the licensed premises which is or
may be detrimental to the public health, safety, welfare or morals.
G.
Any person to cause noise or loudness of such nature
as to disturb the peace and quiet in, upon and around the licensed
premises.
No premises licensed under the terms of this
article shall be operated unless there is in force a public liability
insurance policy to cover any injuries suffered as a result of the
operation of the licensed premises in the amount of $100,000 for any
one occurrence and $50,000 for injury to any one person and including
a clause to the effect that the policy cannot be canceled during the
license year without notification being given to the Town of West
New York.
Application for renewal of the license shall
be made with the Licensing Department no later than January 1 of each
year, accompanied by the required annual fee made payable to the Licensing
Department, Town of West New York.
A.
This article shall not apply to any premises for which
a retail plenary consumption license has been heretofore issued; any
duly incorporated social club or association; religious, charitable,
benevolent or nonprofit association or corporation; or fraternal organizations
having a membership in excess of 100 members, except that all such
organizations as described aforesaid must be bona fide in character
and not intended or created for the purposes of evading or defeating
the regulations prescribed by this article. Such religious, charitable
or other nonprofit organizations shall be required, however, to comply
with the terms of this article in all other respects.
B.
This article shall not apply to any social event in
a private residence, provided that no fee or cost, direct or indirect,
is charged for same.
C.
This article shall not apply to events or amusements
sponsored or conducted by the Town of West New York.
A.
Each existing place of public amusement as hereinbefore defined in § 117-51 hereof shall be required to comply with this article in the event that it seeks to expand its present building or structure to accommodate more than 10 persons in excess of its present assembly capacity on the effective date of this article.
B.
Each existing place of public amusement which shall
seek to relocate its activities to another location in the Town of
West New York or acquire additional sites or locations within the
Town of West New York shall be required to comply with this article.
In the event of additional sites or locations, the requirements of
this article shall only apply to the new sites or locations.
C.
Each person or entity seeking to establish a new place
of public amusement in a building or structure not heretofore authorized
or licensed by the Town of West New York for this activity shall be
required to comply with this article.
D.
Each place of public amusement as hereinbefore defined
shall provide private off-street parking facilities of one car space
nine feet wide and 20 feet in length for every five persons or fraction
thereof who shall be able to be accommodated in the structure at any
single assemblage, i.e., if the structure is determined to accommodate
100 persons, then there shall be 20 off-street private parking facilities.
E.
The off-street private parking facility required in Subsection D shall be located in the Town of West New York on the site of the place of public amusement.
[Amended 2-22-1982 by Ord. No. 1530]
F.
A place of public amusement which is not presently
located in a structure which is presently licensed for that purpose
by the Town of West New York shall be prohibited from locating within
a one-fourth-mile radius of any other place of public amusement as
hereinbefore defined.
G.
On or after the effective date of this article, the
appropriate officials of the Town of West New York shall file with
the Town Clerk a schedule listing the name and address of each place
of public amusement located with the Town of West New York and listing
the number of persons which can presently congregate in the structure
on any single occasion in compliance with fire, safety and health
standards and codes.
Any person, firm or corporation violating any of the provisions of this article, upon conviction thereof, shall be subject to the penalties provided for in Chapter 1, General Provisions, Article I. Each day such violation shall be continued shall be deemed and taken to be a separate and distinct offense.
