[HISTORY: Adopted by the Municipal Council
of the City of Clifton 3-1-1977 by Ord. No. 4390-77 (Article 7 of
Chapter 6 of the Revised Ordinances of the City of Clifton, New Jersey,
1960). Amendments noted where applicable.]
GENERAL REFERENCES
Obscene materials — See Ch. 335.
[Amended 6-8-2016 by Ord.
No. 7298-16]
It shall be unlawful for any public assembly hall, cabaret,
theater, movie house, social club, restaurant and/or any person, partnership
or corporation holding a plenary retail consumption license occupying
any buildings or parts of buildings to furnish in or on those premises
occupied by the aforesaid establishments entertainment of any kind
or nature, whether or not an admission charge, cover fee or minimum
is charged, without first obtaining a license therefor from the governing
body.
No licensee shall engage in or shall allow,
permit or suffer any person employed to perform dancing or other entertainment
in or upon the licensed premises or to carry on any part of such dancing
or other entertainment in a lewd, licentious or lascivious manner.
No licensee shall engage in or shall allow,
permit or suffer any person to appear on the premises of any establishment
licensed for entertainment in any act, scene, sketch or other form
of entertainment, including dancing for the benefit of patrons, with
either or both breasts or the lower part of the torso uncovered or
so thinly covered or draped so as to appear uncovered, such as in
the manner of topless or bottomless dancing.
No licensee shall employ, allow, permit or suffer
any waitress, waiter, bartender, barmaid or any other person employed
by the licensee for a purpose other than providing entertainment,
which other person comes in contact with or is likely to come in contact
with the patrons of said licensed establishment, to appear in the
presence of such patrons with either or both breasts or the lower
part of the torso uncovered or so thinly covered or draped so as to
appear uncovered.
No licensee shall engage, employ, allow, permit
or use entertainers under the age of 18 years.
No licensee shall employ, allow, permit or suffer
in and upon the licensed premises any person to perform for hire or
for the entertainment of patrons any dances, ballet, acrobatics or
public performances of any kind, in which body movement constitutes
the principal or integral part of such performance, which body movement
shall be representative of indecent acts or activity that would arouse
the sexual desire of others. No licensee shall provide any entertainment
which entertainment shall cause the aforesaid premises to be conducted
in such a manner as to become a nuisance.
A.
Any person desiring a license under this chapter shall
file with the City Clerk an original and four copies of an application,
under oath, in writing, on a form furnished by the City Clerk.
B.
The application shall set forth the following information:
(1)
The applicant's name, business name and business address.
(2)
Whether the applicant is an individual, a partnership,
a corporation or another entity, and, if another entity, a full explanation
and description thereof.
(3)
If the applicant is an individual, the applicant's
residence address and date and place of birth.
(4)
If the applicant is a partnership, the full names,
residence addresses, dates and places of birth of each partner.
(5)
If the applicant is a corporation or other entity,
in the case of a corporation, the full names, residence addresses,
dates and places of birth of each major officer and each stockholder,
the name and address of the registered agent and the address of the
principal office [The term "stockholder," as used herein, means and
includes any person owning or having an interest, either legal or
equitable, in 10% or more of the stock issued and outstanding of the
applicant corporation.]; in the case of another entity, the full names,
residence addresses, dates and places of birth of each person owning
or having any interest, either legal or equitable, aggregating in
value 10% or more of the total capital of said entity, the name and
address of the registered agent, if any, and the address of the principal
office.
(6)
Whether the applicant or any partners, officers or
stockholders thereof have ever been arrested or convicted of a crime,
and, if so, the name of the person arrested or convicted, the date
of arrest, the crime or charge involved and the disposition thereof.
The term "officers," as used herein, means and includes the president,
vice presidents, secretary and treasurer of a corporate applicant.
(7)
The number of plenary retail consumption licenses
held by the applicant.
(8)
The applicant shall provide in the application a specific
description of the nature and type of entertainment to be provided
on the licensed premises. In the event of a substantial change in
the format of the operation of the licensee's business or a change
in the type of entertainment to be provided on the licensed premises,
the licensee shall file an amended application with the City Clerk
prior to instituting such change in the format of operation or the
type of entertainment to be provided.
[Amended 12-4-1990 by Ord. No. 5463-90]
(9)
No entertainment license shall be granted to any establishment that
did not have an entertainment license prior to May 15, 2014, or to
any establishment seeking any type of expansion of its previously
approved entertainment license, or to any establishment seeking approval
for a special event unless the applicant for such license shall first
give notice, in writing, at least 10 days prior to the meeting at
which the application will be heard and considered, of its intention
to apply for such license to owners of all real property, as shown
on the current tax duplicates, located within 200 feet in all directions
of the property where such entertainment license is sought. The applicant
shall file with the City Clerk an affidavit of proof of service of
such notice 24 hours prior to the scheduled hearing. Notice may be
served upon the property owner either personally or by registered
or certified mail, addressed to the last known address. The notice
shall include a copy of the application for entertainment and the
date, time and place for the hearing set in connection with the application
for the entertainment license.
[Added 6-17-2014 by Ord. No. 7167-14]
(10)
If an application requires a use variance, the applicant shall
first be required to obtain the variance from the appropriate land
use board.
[Added 6-17-2014 by Ord. No. 7167-14]
C.
Upon receipt of such application or amended application,
the City Clerk shall submit the same to the Police Department, Fire
Department, Building Department and Health Department for reports
with reference to the compliance or noncompliance of the licensed
premises with municipal and state rules, regulations, statutes and
ordinances and the truth of the matters contained in the application.
[Amended 4-6-1971 by Ord. No. 4037-71; 12-4-1990 by Ord. No. 5463-90]
D.
Upon receipt of such application or amended application
and reports, the City Clerk shall submit same to the Municipal Council
for its consent and approval.
[Amended 12-4-1990 by Ord. No. 5463-90]
E.
The Municipal Council shall consent to and approve
the issuance of such permit unless it reasonably finds that the applicant's
character and business responsibility are not satisfactory; that a
violation of municipal or state rules, regulations, statutes and ordinances
exist; that untrue matters are contained in the application for such
permit; that the issuance of such permit will tend to create a nuisance;
or that the issuance of such permit will adversely affect the good
government, order and protection of persons and property and the preservation
of the public health, safety and welfare of the City of Clifton and
its inhabitants. The Municipal Council shall determine that the applicant's
character and business responsibility are satisfactory unless the
application, the reports of the various departments or other evidence
presented shall tangibly disclose any of the following:
(1)
Conviction for a crime involving moral turpitude.
(2)
Prior violations of statutes, ordinances or regulations
relevant to the furnishing of entertainment.
(3)
Conviction for a crime or disorderly persons offense
involving gambling.
(4)
Concrete evidence of bad character.
(5)
Grounds similar to those listed above which would
reasonably cause the Municipal Council to determine that the character
and business responsibility of the applicant or any partner, officer
or stockholder thereof are not satisfactory.
F.
Upon the consent and approval of the Municipal Council
to the issuance of such permit, the City Clerk shall issue the same;
subject, however, to such appropriate conditions and safeguards, if
any, consistent with the intent and purpose of and reasonably necessary
to accomplish the objectives of this chapter and the statutory authority
for the same as may be imposed by the Municipal Council, to include
the following:
[Amended 3-1-1988 by Ord. No. 5250-88; 7-3-2001 by Ord. No. 6209-01]
(1)
All new licenses shall be issued for a period of 90
days. At the end of said ninety-day period, the City Clerk shall have
the authority to issue a license for a period of one year, provided
that there have been no complaints received by the City of Clifton
during said ninety-day period resulting from the entertainment license
issued.
(2)
The number of standard nights and optional nights
hours that entertainment is permitted.
(3)
The standard hours and optional hours that the entertainment
is permitted.
(4)
The type of entertainment that is permitted.
(5)
The necessity for security to be provided by the applicant.
(6)
The prohibition of loud or offensive music; go-go
or exotic dancers; dancing and other entertainment of a lewd, licentious
or lascivious manner; topless, bottomless or indecently exposed entertainers
or service employees; entertainers under 18 years of age.
[Amended 8-20-1991 by Ord. No. 5529-91]
Any permit issued under this chapter may be suspended or revoked by the Municipal Council. If the Municipal Council shall determine that there are grounds upon which to suspend or revoke any such permit, such grounds being the same grounds upon which the Council may refuse to consent to and approve the issuance of such permit as set forth in § 215-7E above, it shall cause a notice to be served, in writing, upon the permittee or other person in charge of the premises for which such permit has been issued, citing the permittee to appear before the Municipal Council at the time and place designated in the notice, to show cause why such license should not be suspended or revoked. Notice may be served upon the permittee by personal service or by registered or certified mail addressed to the permittee's last known address. The permittee shall be afforded a hearing before the Municipal Council prior to the suspension or revocation of such permit. In addition to either a suspension or revocation of the permit, the Municipal Council may impose such conditions and safeguards for the continuation of said permit as it may deem necessary to provide for the public health, safety and welfare.
[Amended 5-20-1991 by Ord. No. 5498-91]
A.
The permit fee for an entertainment license shall
be as follows:
[Amended 4-1-1997 by Ord. No. 5883-97; 12-16-2003 by Ord. No. 6387-03; 2-20-2007 by Ord. No.
6646-07; 1-5-2009 by Ord. No. 6788-09]
B.
The occupancy capacity for each licensee shall be
the exact number on file for said premises in the Building Department
of the City of Clifton.
C.
All permits shall accompany the application for the
permit. All permits shall run from July 1 and expire on June 30 of
the next succeeding year of its issuance.
No entertainment permit shall be granted unless
the licensed premises shall have provisions for seating 25 or more
persons.
Any person, partnership or corporation who violates
any provision of this chapter shall, upon conviction thereof, be punished
by a fine not exceeding $500 or imprisonment for a term not exceeding
90 days, or both.
Except as otherwise provided, each and every
day in which a violation of any provision of this chapter exists shall
constitute a separate violation.
[Added 3-1-1988 by Ord. No. 5250-88]
The invalidity of any section, paragraph, subparagraph,
subdivision or provision of this chapter shall not invalidate any
other section, paragraph, subparagraph, subdivision or provision of
this chapter.
