[Adopted by the Board of Commissioners of the Town of Montclair 4-15-1980 by Ord. No. 80-12 as Art. III of Ch. 72 of the 1979 Code]
As used in this article, the following terms shall have the meanings indicated:
AMUSEMENT BUSINESS or AMUSEMENT BUSINESSES
Includes, severally as well as collectively, the following:
A. 
Circuses, concerts, exhibitions, merry-go-rounds, motion-picture exhibitions, plays, skating rinks, street amusements or street exhibitions, theatrical performances and traveling and other shows.
B. 
The places or premises in which the different kinds of amusement businesses enumerated in Subsection A hereof are conducted.
C. 
Cabaret entertainments and entertainments in any places where food and drink are served.
D. 
Bowling alleys.
E. 
Pool and billiard rooms.
F. 
Dance halls.
G. 
Places wherein miniature car racing or slot car racing is carried on, slot track centers and model CSR raceways.
The purpose of this article is to license and regulate the amusement businesses as defined in § 78-1.
It shall not be lawful for any person to conduct, carry on, operate, exhibit or promote any amusement business defined in § 78-1 without first having obtained a license so to do.
No license shall be issued under this article for any amusement business unless the applicant files with the Municipal Clerk a written application setting forth the following:
A. 
In the case of circuses, concerts, exhibitions, merry-go-rounds, motion-picture exhibitions, plays, skating rinks, street amusements or street exhibitions, theatrical performances, traveling and other shows, miniature car racing, slot car racing, slot track centers and model CSR raceways:
(1) 
The name and address of the applicant.
(2) 
The nature of the business to be conducted and carried on.
(3) 
The places, premises or locations at which the business is to be conducted and carried on.
(4) 
A description of the building, if any, or of the nature of the structure or conveyance in or upon which the business will be conducted or carried on.
(5) 
If a building is to be used, a detailed sketch of the premises and a statement that the building complies with all requirements of the Building Code, Health Code, Zoning Ordinance and all other ordinances and laws applicable thereto.[1]
[1]
Editor's Note: See Ch. 121, Construction Codes, Uniform; Ch. 186, Health Standards; and Ch. 347, Zoning.
(6) 
If the said business is to be conducted in a conveyance or vehicle of any sort, a showing that it is in a good mechanical and safe working condition, and in addition thereto, satisfactory evidence that the applicant carries public liability insurance covering injuries or damage to any person arising out of or causally related to the operation of the business or the entertainment features of the business, of not less than $25,000.
(7) 
An agreement to abide by all the requirements of this article and of any amendments thereof and supplements thereto.
B. 
In the case of cabaret entertainments and entertainments in any place where food and drink are served, the application shall set forth that a certificate of occupancy has been filed with the Municipal Clerk indicating the number of exits and entrances, the seating capacity, the precautions against fire, the building stresses and such other conditions or requirements as may be prescribed by the Township Council in order that it may be determined whether the granting of a license will constitute a hazard to the health, morals and safety of the public.
C. 
In the case of pool and billiard rooms and bowling alleys:
(1) 
The number of pool or billiard tables or bowling alleys for which a license is requested.
(2) 
The address of the place wherein said pool or billiard tables are to be kept or the bowling alleys are to be located.
(3) 
The name of the person owning or operating said pool or billiard tables or bowling alleys.
(4) 
An agreement to close the room or store in which pool and billiard tables are operated during the following hours: from 1:00 a.m. each night until 7:00 a.m. the following morning, except on Sunday, when said rooms shall remain closed until 1:00 p.m. the same day.
(5) 
An agreement to close the rooms in which bowling alleys are operated during the following hours: from 1:30 a.m. each night until 7:00 a.m. the following morning, except on Sunday, when said rooms shall remain closed until 9: 00 a.m. the same day.
D. 
In the case of dance halls:
(1) 
The location at which the dance hall is to be operated.
(2) 
The names and addresses of the owners of the premises.
(3) 
The names and addresses of the operators of the dance hall, and where the operator is a corporation, the names and addresses of all officers, directors and stockholders of said corporation.
(4) 
A sketch of the premises showing the portion or portions of the premises that will be used as a dance hall and all entrances thereto and exits therefrom.
(5) 
The maximum number of persons proposed to be admitted.
(6) 
An agreement to close and to refrain from operating the dance hall between the hours of 1:00 a.m. and 8:00 p.m. on weekdays, and to close and refrain from operating the dance hall all day Sunday (between the hours of 12:01 a.m. and 12:00 midnight on Sunday).
E. 
In the case of miniature car racing, slot car racing, slot track centers and model CSR raceways, the application shall also contain an agreement that the premises shall be closed and not be operated between the hours of 1:00 a.m. and 7:00 a.m. on weekdays and between 12:01 a.m. Sunday and 7:00 a.m. the succeeding Monday.
Every license issued pursuant to this article for a motion-picture theater or exhibition shall be subject to the following additional terms and conditions, and every applicant for such license in accepting the license agrees to abide by and comply with the said terms and conditions:
A. 
The building in which the exhibition is conducted shall in all respects comply with the requirements of laws of the state and of all ordinances of the Township respecting such building.
B. 
No person under the age of 14 years shall be admitted or allowed or permitted to enter the premises for the purpose of viewing a motion-picture exhibition unless accompanied by his or her parent or legal guardian or person standing in loco parentis.
C. 
The schedule of fees for admission shall be uniform.
D. 
The licensee shall be responsible for any disorder.
E. 
Any police officer, fire fighter or member of the Township Council may enter the licensed place or premises at any time for the purpose of inspection and to enforce obedience to the laws of the state and the ordinances of the Township.
F. 
The Building Inspector shall have access to the licensed place or premises at all times.
G. 
Any motion picture that is lewd, obscene or indecent shall not be exhibited.
Licenses shall be issued by the Municipal Clerk upon the conditions prescribed in this article.
A. 
No license shall be issued by the Municipal Clerk without the approval of the Chief of Police and the Township Manager and unless the license fee prescribed in § 78-38 shall have been paid.
[Amended 5-23-2000 by Ord. No. 00-19]
B. 
Licensees; location of premises.
(1) 
No license for a pool and billiard room or for a bowling alley shall be issued to a natural person who is under legal age or who has been convicted of a crime or crimes, and no license for a pool and billiard room or for a bowling alley shall be issued to a corporation where any stockholder, officer or member of the board of directors is under 21 or has been convicted of a crime.
(2) 
No application for a pool and billiard room or for a bowling alley shall be approved where the premises at which it is proposed to carry on said amusement business is situated in any residential zone or in any neighborhood business district. For the purposes of this section, a "neighborhood business district" is defined as any area within the Township of Montclair not exceeding 12 acres of contiguous business office and professional office zone, commercial zone and manufacturing zone as defined and delineated by the terms and provisions of Chapter 347, Zoning, of the Code of the Township of Montclair.
Every license issued pursuant to this article shall remain in force and be valid only for the period of time therein expressed.
Each license shall apply only to the person to whom granted. No license shall be transferable or assignable.
The person to whom a license is granted shall exhibit such license in a public place within the premises where the licensed business is conducted.
[Amended 12-21-1982 by Ord. No. 82-50; 3-31-1987 by Ord. No. 87-10; 5-23-2000 by Ord. No. 00-19]
Fees for licenses issued under this article, which shall be paid upon the filing of the license application, shall be as follows:
Type of License
Fee
Bowling alleys, per year for each bowling alley
$25
Cabaret entertainments, per year
$300
Circuses, per day
$150
Concerts, per day
$5
Dance halls, per year
$300
Entertainments in any place where food and drink are served, per year
$300
Exhibitions, per day
$5
Merry-go-rounds, per year
$50
Miniature car racing, slot car racing, slot track centers and model CSR raceways
For each track assembly containing 4 or fewer slot tracks, per year
$25
For each track assembly containing more than 4 slot tracks, per year
$35
Motion-picture theaters or exhibitions
[Amended 7-7-2009 by Ord. No. O-032-09]
For each theater or exhibition, per year
$500
For each additional theater or exhibition at the same address or within the same building, per year
$350
Plays, per day
$5
Pool and billiard rooms, per year, for each pool or billiard table
$10
Skating rinks, per year
$250
Street amusements or street exhibitions, per year
$50
Theatrical performances, per year
$250
Traveling and other shows, per day
$100
A. 
In the case of bowling alleys and pool and billiard rooms conducted for nonprofit purposes, and in the case of concerts, exhibitions and plays conducted for charitable or local nonprofit purposes, no fee shall be charged for a license.
B. 
The Township Manager may, in his or her discretion, upon application, authorize the Municipal Clerk to issue a license for any amusement business subject to this article without the payment of the license fee prescribed in § 78-11 if the whole net proceeds of the activity are to be devoted to a local organization exclusively engaged in charitable or benevolent activities.
Licenses for the exhibition of motion pictures shall include the right to conduct motion-picture exhibitions on the licensed premises on Sunday after 1:00 p.m.
During the hours in which motion pictures or theatrical performances are being conducted, no smoking shall be permitted in the orchestra, loge or balcony of the theater building or premises.
Any license issued under this article may be revoked by the Township Manager for violation of the terms of the license, violation of any ordinance of the Township or of any state or federal statute, or for making false statements in the application for a license. The licensee shall be granted a hearing by the Township Manager upon request of the licensee.
[Amended 5-23-2000 by Ord. No. 00-19; 4-10-2007 by Ord. No. 07-17]
Any person who violates any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $2,000, imprisonment in the county/municipal jail for a term not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination thereof as determined by the Municipal Court Judge. Each day on which a violation of an ordinance exists shall be considered a separate and distinct violation and shall be subject to imposition of a separate penalty for each day of the violation as the Municipal Court Judge may determine.