[HISTORY: Adopted by the Municipal Council of the City of Clifton 7-3-1973
by Ord. No. 4167-73 (Article 6 of Chapter 6 of the Revised
Ordinances of the City of Clifton, New Jersey, 1960). Amendments noted where
applicable.]
GENERAL REFERENCES
Entertainment — See Ch. 215.
As used in this chapter, the following terms shall have the meanings
indicated:
Includes any place, building or part of a building devoted to public
amusement wherein dramatic, operatic or vaudeville performances, motion-picture
exhibitions or other like forms of amusement are provided for public entertainment
and for which an admission fee is charged.
No person shall conduct or operate a theater without first having obtained
a license therefor as hereinafter provided.
[Amended 1-4-1983 by Ord.
No. 4773-1983; 6-5-1991 by Ord.
No. 5500-91; 1-2-2008 by Ord. No. 6711-08]
The fee for the issuance of a license to conduct or operate a theater
shall be $100 per year. However, if such theater is used for motion-picture
exhibitions, the fee for the issuance of a license shall be $250 per screen,
per year. The term of said license shall expire on December 31 of the year
in which it was issued.
A.
Any person desiring a license under this chapter shall
file with the City Clerk an original and one copy 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.
A.
Upon receipt of such application, the City Clerk shall
submit the same to the Police Department, Fire Public Safety 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, the truth of the matter contained in
the application, a copy of any police record which the applicant, any partner,
officer or stockholder thereof may have, such other facts as may apply to
the applicant's character and business responsibility, and such facts concerning
the application as may relate to 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.
[Amended 7-2-1985 by Ord. No. 4988-85]
B.
Upon receipt of such application and reports, the City
Clerk shall submit the same to the Municipal Council for its consent and approval
to the issuance of the license for which application is made.
C.
The Municipal Council shall consent to and approve the
issuance of such license 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 license, that the issuance of such
license will tend to create a nuisance, or that the issuance of such license
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 keeping of any hall, dance hall, billiard room or bowling
alley.
(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.
D.
Upon the consent and approval of the Municipal Council
to the issuance of such license, the City Clerk shall issue the same.
