[HISTORY: Adopted by the City Council of the City of Passaic 12-15-1988
by Ord. No. 1053-88.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 103, Clubs,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.
A.
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.)
B.
Prior to the issuance of a certificate, the following
shall occur:
(1)
The club shall complete an application form and provide
the following documentation:
(a)
Proof of status as a nonprofit organization under New
Jersey law.
(b)
A notarized statement listing officers of the club and
their addresses, and the incorporators and registered agent if the organization
is a corporation.
(c)
A current roster of club members and their addresses.
(d)
A copy of its certificate of occupancy.
(2)
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.
(3)
If violations are found in the inspection, the club shall
correct such violations and call for a reinspection.
(4)
If no violations are found or upon correction of any
violations found, the Construction Official shall certify the same to the
City Clerk.
(5)
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.
(6)
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.
C.
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.
D.
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.
A.
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.
B.
It shall be a violation of this chapter to permit illegal
activity of any kind on club premises.
C.
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.
D.
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.
E.
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.
F.
Violation of alcoholic beverage control statute.
(1)
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.
(2)
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.
