[HISTORY: Adopted by the City Council of the City of Passaic 12-15-1988 by Ord. No. 1053-88. Amendments noted where applicable.]
Editor's Note: This ordinance also repealed former Ch. 103, Clubs, adopted 6-19-1975 by Ord. No. 297-75 as Section 4-15 of Chapter IV of the Revised General Ordinances of the City of Passaic, 1975, as amended.
As used in this chapter, the following terms shall have the meanings indicated:
- Any physical premises occupied by a nonprofit organization, whether the same is social, athletic or a charitable organization, the purpose of which is the gathering of two or more members of the nonprofit organization; or the physical premises occupied by any group or loose informal organization where one of the purposes of the premises is to provide a place for members of groups to meet for any purpose whatsoever.
On and after January 1, 1989, any premises occupied by a club as defined in § 103-1 hereof shall be required to secure an annual certificate of compliance. (In 1989, such certificate shall be secured not later than March 30. Subsequently, such certificates shall be renewed not later than January 10 of the subject year.)
Prior to the issuance of a certificate, the following shall occur:
The club shall complete an application form and provide the following documentation:
Proof of status as a nonprofit organization under New Jersey law.
A notarized statement listing officers of the club and their addresses, and the incorporators and registered agent if the organization is a corporation.
A current roster of club members and their addresses.
A copy of its certificate of occupancy.
The club shall request a safety inspection of its premises, which inspection shall be conducted by the Building, Plumbing, Electrical and Fire Subcode Officials. A report of the results of such inspection shall be made promptly to the club, a copy to the City Clerk.
If violations are found in the inspection, the club shall correct such violations and call for a reinspection.
If no violations are found or upon correction of any violations found, the Construction Official shall certify the same to the City Clerk.
The City Clerk shall request of the Police Department a report concerning police activity at the club premises which shall be made a part of the application file.
The City Clerk shall request of the Division of Health a report concerning the club premises, which report shall be made a part of the application file.
The City Clerk shall review each application file and shall issue a certificate of compliance where such file contains a properly executed application, including the required documentation; certification by the Construction Official that no violations exist; a report from the Police Department showing no incidents at the club premises; and a report from the Division of Health showing no incidents at the club premises.
Where reports from the Police Department or Health Division show incidents, the application shall be referred to the City Council which shall determine whether the certificate shall be issued or if a hearing shall be held so that the applicant may show cause why its certificate should not be denied and the club be barred from use of premises.
[Amended 4-17-1996 by Ord. No. 1367-96]
The fee for the annual certificate of compliance shall be $150, which shall include the cost of all inspections and reports, except that if the club fails to keep an appointment for an inspection or reinspection, it shall also be liable for a reinspection fee of $50 per missed appointment.
It shall be a violation of this chapter for a club to occupy premises after March 30, 1989, and after January 10 of any succeeding year without having obtained a certificate of compliance. Each day of such occupancy shall constitute a separate violation.
It shall be a violation of this chapter to permit illegal activity of any kind on club premises.
Violation of Subsection A above shall be punishable by a fine not to exceed $1,000 or up to 90 days in jail, or both.
Violation of Subsection B above shall be punishable by revocation of the certificate of compliance following a hearing to be conducted by the City Council.
Any violation of a New Jersey State Alcoholic Beverage Control Statute (N.J.S.A. 33:14 et seq.) on club premises, of which the club or its agents or members shall be found guilty, shall be cause for revocation of the certificate of compliance.
Violation of alcoholic beverage control statute.
All officers, directors and trustees of a club found guilty of a violation of the State Alcoholic Beverage Control Statute, and any agent or member found guilty of or involved in the violation, shall be barred from obtaining a certificate of compliance under any club name, either individually, jointly or in conjunction with other individuals, for a period of three years.
The City Clerk's office shall maintain a registry of all officers, trustees, directors or other involved persons of clubs which have suffered license revocation by virtue of an infraction of the New Jersey Alcoholic Beverage Control Statute.