[HISTORY: Adopted by the Township Committee (now Township Council)
of the Township of Hillside 12-21-1971 as Ch. VII, Sec.
7-5, of the 1971 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any place in which dancing is carried on and to which members of
the general public are invited to attend and participate, regardless of whether
any admission or other fee is charged.
No person shall conduct a public dance hall within the Township without
having first obtained a license, the fee for which shall be $50.
Proof of compliance with N.J.S.A. 34:15-71, regarding workers'
disability insurance, is required pursuant to N.J.S.A. 40:52-1.1.
A.
Eligible groups.
(1)
Churches, civic groups or charitable, fraternal and similar
nonprofit public service organizations shall not be required to obtain a license
or pay any license fee, provided that they file with the Police Chief a statement,
in writing, setting forth:
B.
This section shall not apply to dancing classes conducted
by a teacher or instructor regularly engaged in giving dancing instructions.
In addition to the information required in § 140-2, an applicant for a license under this chapter shall supply the following information:
A.
A complete physical description of the premises or dance
hall at which the public dance will be conducted, which may be in the form
of a plan or sketch. The description shall include but not be limited to the
following information:
(1)
The dimensions of the room in which the dancing will
take place, its location in respect to the rest of the premises and the number
and location of all entrances and exits to the outside of the premises.
(2)
A general description of the nature and location of all
other rooms which will be used in connection with the proposed public dance
or dance hall.
(3)
A description of the sanitary facilities that will be
provided.
(4)
A description of the emergency equipment and other precautions
which exist on the premises for dealing with fire or other hazards.
(5)
A statement as to whether off-street parking facilities
will be provided for persons attending the public dance or dance hall and,
if so, the nature and extent of those facilities.
B.
The date or, in the case of a dance hall, the days of
the week and the hours during which dancing will be conducted and the number
of persons expected to attend.
Where a license is sought for a dance hall, the applicant shall give
notice to all persons owning property within 200 feet of the premises on which
the proposed dance hall is to be located. The notice shall state the location
of the proposed dance hall, the days of the week and the hours during which
dances will be conducted and the number of persons expected to attend. The
notice shall also advise the persons receiving it that if they desire to object
to the granting of a license for a proposed dance hall, they shall so notify
the Clerk, in writing, within 10 days after service of the notice, personally
or by mailing a copy to the property owner's last known address. Where
service is made by mail, the notice shall be considered as having been served
three days after it is deposited in the mail.
The Construction Official, the Health Officer and the Fire Chief shall
constitute a committee to inspect the premises at which the public dance or
dance hall will be conducted. The committee shall determine whether or not
the premises complies with all municipal ordinances within their respective
areas of responsibility. In addition, they shall determine if the facilities
on the premises are adequate for the health and safety of the persons expected
to attend the dance and the maximum number of persons who may safely be permitted
on the premises during a dance. The committee shall make its investigation
and report the results, in writing, to the Clerk within a reasonable time
after the filing of the application. The report shall contain a recommendation
that the application be either granted or denied and may recommend that the
application be granted subject to specified conditions required to assure
public health and safety. The report shall also state the maximum number of
persons who may safely attend the dance.
A.
A license for a public dance hall shall be issued by
the Township Council upon the receipt of a favorable report from the investigating
committee. If the committee recommends that the granting of the application
be subject to conditions, the license shall not be issued until the applicant
agrees, in writing, to abide by the conditions set by the committee. If the
committee recommends against the granting of the license, the application
shall be denied.
B.
A dance hall license shall be issued by the Township Council if the report of the investigating committee is favorable and if no objections have been filed within the time provided in § 140-6. If the committee recommends that the granting of the application be subject to conditions, the license shall not be issued until the applicant has agreed, in writing, to abide by the conditions. If objections to the granting of the license have been filed, the Clerk shall proceed in the manner directed in § 140-9. If the report of the investigating committee is unfavorable, the application shall be denied.
In any case where objections are filed to the granting of an application
for a dance hall license, the Clerk shall so advise the Township Council,
who shall hold a hearing on the application within a reasonable time. The
applicant and any person filing objections shall be notified of the time and
place of the hearing. At the hearing, both the applicant and the objectors
shall have the right to be represented by an attorney, to testify themselves
or present witnesses in support of their positions, to cross-examine opposing
witnesses and, at their own expense, to have a stenographic record made of
the proceedings. If, after considering all the evidence, the Township Council
determines that the applicant has met all of the requirements of this section
and the issuance of the license will not be detrimental to the public health
and safety, it shall order the license to be issued; otherwise, the application
shall be denied.
Applications to renew licenses to conduct a public dance hall shall be granted by the Township Council through the Clerk without the necessity of giving notice as required by § 140-6 and without a hearing as required by § 140-9, provided that the licensee files with the Clerk a sworn written statement reciting that there have been no changes in the conditions stated in the original application.
In addition to the information specified in § 140-5, each dance hall license shall state the day or days of the week and the hours during which dancing may be conducted and the maximum number of persons that are permitted to attend the dance.
Every person licensed under this chapter shall observe the following
regulations:
A.
The licensee shall have the duty to exercise the diligence
to prevent unlawful or immoral acts as well as noisy or boisterous conduct
or conduct which threatens to create a breach of the peace or annoy the comfort
or repose of any person.
B.
No alcoholic beverages shall be served, sold, possessed
or consumed at any dance except at premises that are licensed to sell and
serve alcoholic beverages or pursuant to special permit, and in such case
pursuant to the terms and conditions of the license or permit.
C.
Where the persons attending the dance are predominantly
minors, the licensee shall provide adequate adult supervision.
D.
Any police officer shall have the right to inspect any
premises on which a public dance is being conducted. In addition, any premises
licensed as a dance hall shall be subject to reinspection by the Health Officer,
the Construction Official or the Fire Chief to ascertain whether the premises
still complies with applicable municipal ordinances.
The Township Council may by resolution waive the application of any
provision of this section to a particular licensee upon a showing that the
literal application of the provision in question to a particular licensee
will cause unnecessary hardship and that in the particular case the provision
is not necessary to protect the public health and safety.
No person shall hold an outdoor block dance unless a written application
is first made to and a special license is granted by the Township Council.
There shall be no license fee for an outdoor block dance, but a permit from
the Police Chief or, in his absence, the Acting Chief or officer in charge
is required.
Any person, firm or corporation who shall violate any of the provisions
of this chapter shall, upon conviction, be punishable by a fine not exceeding
$1,000; imprisonment for a term not exceeding 90 days; and/or a period of
community service not exceeding 90 days.
