[HISTORY: Adopted by the City Council of the City of Paterson 12-18-1979
by Ord. No. 79-111 as Ch. 4, Art. 4, of the 1979 Revised
General Ordinances of Paterson. Amendments noted where applicable.]
[Amended 5-25-1999 by Ord. No. 99-027]
As used in this chapter, the following terms shall have the meanings
indicated:
- BAZAAR
- Refers to an event which consists primarily of a temporary market of shops or stalls, singly or in groups, where goods are displayed for sale.
- CARNIVAL
- Refers to an event which consists primarily of kiddie rides, merry-go-rounds or other amusement rides and games of chance for which the winners generally receives a nonmonetary prize.
- CIRCUS
- Refers to an event which consists primarily of a variety of performances involving special physical skills, wild animal acts and clowns.
- FESTIVAL
- Refers to an event which consists primarily of a celebration marked by special observances, including programs of cultural events or entertainment.
- PICNICS
- Refers to an event which consists primarily of the preparation and eating of food outdoors or under a temporary structure.
[Amended 5-25-1999 by Ord. No. 99-027]
No person shall conduct a bazaar, carnival, circus, festival or picnic
where an admission fee is charged or goods or food is sold without first having
obtained a license as hereafter provided in this chapter. A license under
this chapter shall not be required for the following events:
[Amended 9-23-1997 by Ord. No. 97-051; 3-3-1998
by Ord. No. 98-102; 5-25-1999 by Ord.
No. 99-027]
A.
Application for a license shall be addressed to the Council and filed in the office of the Licensing Division on forms approved by the Council. The application shall be accompanied by the license fee prescribed in § 129-4 hereof.
B.
No license shall be granted to any applicant who has
been convicted three times of violating this chapter, nor shall a license
be granted to conduct an event regulated under this chapter where the proposed
location of the event is the lot located at Memorial Drive and West Broadway,
Block G0820, Lot 10.
[Amended 11-23-1999 by Ord. No. 99-059]
C.
No license shall be issued unless:
(1)
The applicant has complied with all applicable state laws and ordinances of the city, including but not limited to those contained in Chapter 363 of the Code of Paterson.
(2)
Proper sanitary conditions exist and will be maintained
on the premises to be used.
(3)
The applicant ensures that no banners, signs, flags or
other decorations are posted on any perimeter fencing surrounding the location
for which the license is issued in such a fashion that said banners, signs,
flags or other decorations shall obstruct in any fashion a clear line of sight
onto the property.
D.
Each of the five types of events regulated under this
chapter may only be conducted once within a twelve-month period at any one
location, so although there may be up to five events at any one location.
each event would be of a different type, so for example, once one circus takes
place at a given location, another circus may not be conducted at the same
location until 12 months have passed. No such license shall be issued for
more than five consecutive days. This prohibition shall not apply to licenses
issued for indoor locations located completely within permanent structures.
E.
A license for a bazaar must be applied for and issued not more than 12 months prior to the first day of the scheduled event. In the event that more than one applicant shall request the use of an outside location pursuant to Subsection D above, the applicant first in time, as evidenced by the City Clerk's record of receipt of the application, shall have the prior right to said location.
F.
Required proofs.
(1)
After approval of the complete application for a license
by the Council, the Licensing Division shall issue the license subject to
receipt of the following no later than two weeks prior to the scheduled event:
(a)
Proof of adequate insurance coverage in the form of a
certificate of insurance naming the City of Paterson as an additional insured
in the amounts required under the Code of Paterson § 363-12(B) or
in an amount equivalent thereto.
(b)
Proof of adequate security and emergency medical personnel
in the form of employment contracts or equivalent proof satisfactory to the
Chief of Police or his delegate. The applicant is solely responsible for the
cost of providing said personnel.
(c)
Proof that all other city ordinances and required permits
or licenses have been complied with.
(2)
Failure to provide any one or more of the above items
shall cause the Division of Licensing to withhold issuance of a license, despite
prior city council approval of same.
[Amended 4-5-1983 by Ord. No. 83-019; 11-25-2003
by Ord. No. 03-069]
The license fee for a bazaar shall be $150 per day.
[Amended 12-19-1995 by Ord. No. 95-068]
Any person who violates any provision of this chapter shall, upon conviction
thereof, be punished by a fine not exceeding $1,000, by imprisonment for a
term not exceeding 90 days or by a period of community service for not more
than 90 days, or any combination thereof. A separate offense shall be deemed
committed on each day during or on which a violation occurs or continues.
