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City of Passaic, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Passaic 12-6-1984 by Ord. No. 815-84. Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, Art. II.
Amusement devices — See Ch. 79.
Carnivals, bazaars and fairs — See Ch. 99.
Clubs — See Ch. 103.
[Amended 4-3-1986 by Ord. No. 926-86]
As used in this chapter, the following terms shall have the meanings indicated:
BUSINESS
The activity of providing entertainment and/or amusement to the public.
ENTERTAINMENT and/or AMUSEMENT
Any movie, picture, concert, ball, show or play, and any activities engaged in nightclubs, cabarets, taverns, theaters, movie houses, social clubs or eating and/or drinking establishments where entertainment or dancing is permitted, and any go-go bars or other establishments, whether or not liquor is served, where any entertainment is offered to the public, whether live entertainment or not.
ESTABLISHMENT
Any theater, movie house, hall or auditorium used for the presentation of entertainment and/or amusement to the public on a commercial basis with a capacity exceeding 10 people.
LICENSED PREMISES
The entire premises, including, without limitation, all buildings, structures, appurtenant structures, walks, alleys, drives and parking facilities owned or controlled by the owner-operator.
OWNER-OPERATOR
Any natural person, partnership, firm, association, corporation, joint venture or other business entity which owns or controls a premises or a location within the City of Passaic in which any entertainment and/or amusement is presented to the public.
PERSON
Any natural person, partnership, firm, association, corporation, joint venture or other business entity.
PUBLIC DANCE HALLS and PUBLIC ASSEMBLY HALLS
All buildings or parts of buildings occupied as night clubs, cabarets, taverns, theaters, movie houses, social clubs or eating and/or drinking establishments where entertainment or dancing is permitted, and all buildings and parts of buildings where dancing, entertainment, athletic shows, exhibitions, banquets, political meetings, lectures and other like affairs are held and to which admission can be had with or without the payment of a fee or by the purchase, possession or presentation of a ticket or token.
Nothing in this chapter shall apply to or require the obtaining of a license by:
A. 
Any religious group or society.
B. 
Any political group or society.
C. 
Any fraternal group or society.
D. 
Any veterans group or society.
[Amended 12-15-1986 by Ord. No. 964-86]
It shall be unlawful for any person to use any land, building or premises within the City of Passaic for the presentation of entertainment and/or amusement to the public on a commercial basis and/or to maintain a dance hall or public assembly hall without first obtaining a license therefor from the City Council. A separate license shall be required for each separate place or location of business.
A. 
Any person desiring a license under this chapter shall file with the City Clerk an original and five 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, partnership, 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 upon whom and where service of process is authorized to be made (the term "stockholder" as used herein means and includes any person 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, legal or equitable, aggregating in value 10% or more the total capital of the said entity, the name and address of the registered agent, if any, and the address of the principal office, if any, upon whom and where service of process is authorized to be made.
(6) 
Whether the applicant or any partners, officers or stockholders thereof have ever been convicted of a crime and, if so, the name of the person convicted, the nature of the crime or charge involved and the disposition thereof (the term "officers" as used herein means and includes the president, vice president, secretary and treasurer of a corporate applicant).
(7) 
The business addresses of the manager of the person in charge of the licensed premises during the five-year period preceding the date of application.
(8) 
A description of the metes and bounds of the place where the business is to be located and carried on.
(9) 
A survey or scale drawing of the plot showing the structures and open spaces/areas to be used in the business, approved existing or proposed entrances and exits to and from the place where the business is to be conducted, the location and place of said business and location and size of all structures and fences thereon and the setback thereof from street lines.
(10) 
A scale drawing of the interior of the premises showing all entrances and exits to and from the place where the business is to be conducted; the location and placement of all antifire equipment, i.e., hoses, extinguishers, sprinkler systems, etc.; and the location of all fire exits.
(11) 
A scale drawing showing the proposed plan of evacuation in the event of an emergency.
C. 
The applicant shall submit a copy of a valid certificate of occupancy for the premises with the completed application for a new or renewal license and/or permit.
[Added 1-9-1997 by Ord. No. 1392-96]
A. 
Submission by Clerk to departments.
(1) 
Upon receipt of such application, the City Clerk shall submit same to the Police Department, Fire Department, Department of Code Enforcement, zoning offices and Health Department for reports with references to the compliance or noncompliance of the proposed establishment, with municipal and state rules, regulations, statutes and ordinances and the truth of the matter contained in the application; in addition to the foregoing, the reports of the respective departments shall include the following:
(a) 
Police Department.
[1] 
The traffic conditions, including a traffic count which prevails in the neighborhood surrounding the premises sought to be licensed.
[2] 
A statement of whether, in the opinion of the department, the granting of the application would tend to increase traffic congestion materially or constitute a hazard to the public safety.
(b) 
Department of Code Enforcement.
[1] 
A report of any violations of the Property Maintenance Code of the City of Passaic.[1]
[1]
Editor's Note: See Ch. 219, Property Maintenance.
(c) 
Zoning Officer.
[1] 
A description of the nature and character of the surrounding neighborhood.
(2) 
The Clerk shall submit each completed application for license or renewal thereof to the various departments within 10 days of receipt of the completed application, and the department shall have 30 days from their receipt to investigate and prepare the reports concerning the license application or renewal, except in the event the Department of Code Enforcement identifies a violation of the premises sought to be used by the license applicant. Notice of the violation shall immediately be given to the applicant who shall have the time afforded by the appropriate municipal ordinance or regulation to correct the violation. The Department of Code Enforcement shall not issue its report to the City Clerk until such time as the period to correct has expired.
[Added 4-1-2002 by Ord. No. 1540-02]
B. 
Upon return of said application and reports, the City Clerk shall submit same to the City Council for action at its next scheduled City Council meeting. If there are objections to the issuance of the license, the Clerk must submit the application and reports to the Council within 10 days, and the Council must give notice to the applicant within five days of their receipt of the reports concerning this application and within 30 days of the submission a hearing shall be held for the City Council concerning the application to decide to grant or deny the license unless the parties agree to additional time for that decision.
[Amended 4-1-2002 by Ord. No. 1540-02]
C. 
Upon the consent and approval of the City Council and upon receipt of a copy of a certificate of occupancy for the licensed premises, the City Clerk shall issue such license.
A. 
The annual fee for a license under this chapter shall be $250.
[Amended 4-17-1996 by Ord. No. 1367-96]
B. 
Such license shall run for a period of one year, commencing January 1 and ending December 31 of the year of its issuance.
[Amended 4-1-2002 by Ord. No. 1540-02]
No license shall be granted by the Council if:
A. 
The licensee has failed to comply with the provisions of this chapter;
B. 
The licensed premises or use thereof is not permitted by the terms and provisions of the zoning ordinances;
C. 
Licensee is in violation of any law, code or regulation involving the business to be licensed;
D. 
The individual applicant or the principals and manager of a firm applicant or any of them have been convicted of an offense against the narcotic laws of the State of the New Jersey or a crime involving moral turpitude which touches on the business to be licensed.
[Amended 2-24-2003 by Ord. No. 1565-03]
A. 
All existing licenses and those that hereafter issue, upon payment of the prescribed license fee and compliance with the terms of this chapter, shall be renewed annually as of January 1. Applications for renewal of an expiring license shall be made with the payment of the annual fee and the filing of a short-form application provided by the City Clerk. The application shall include a statement that no changes have been made in any of the facts or information stated in the original application or to the licensed premises during the preceding licensed period. If there are any material changes, those shall be noted on the application form.
B. 
All applications for renewal of an entertainment license shall be submitted to the City Clerk no later than October 1 prior to the January 1 renewal date. If the application for renewal shall not be received by October 1, then there shall be a delay in the processing of the license application. Inasmuch as 90 days is required for the City of Passaic to properly process all applications, then any licensee submitting a renewal after October 1 shall be delayed at least 90 days from submission for processing. The delay in submitting the application for renewal shall cause the license, which expires on January 1, to be suspended on January 1 until the application can be processed by the City. The suspension shall be for the same time frame as the late filing. If the City delays beyond the time frames set forth in this section to review and consider the license application, then the license shall be reinstated temporarily until the Council can consider the license renewal application.
[Amended 4-21-2003 by Ord. No. 1571-03]
The license shall authorize the licensee to conduct business only on the premises specified in the license. Without the consent of the City Council, the license shall not be transferable to any other premises, nor assignable or transferable in any manner or to any other person.
A. 
All licenses are subject to suspension or revocation after due notice and hearing by the City Council for the violation of any of the terms of this chapter, for the violation by the licensee of state and municipal rules, regulations, statutes and/or ordinances or for allowing, suffering and/or permitting the violation of state and municipal rules, regulations, statutes and/or ordinances upon the licensed premises by the servants, agents, employees and/or patrons thereof where the licensee knew or should have known that such violations were being committed by the servants, agents, employees and/or patrons of the licensee.
B. 
The revocation, suspension and reinstatement provision of Chapter 177 of the Code of the City of Passaic shall be applicable to entertainment licenses.
[Added 4-1-2002 by Ord. No. 1540-02]
C. 
All denials of license renewals shall be effective 10 days from the date of the denial to allow for prompt judicial review of that decision.
[Added 4-1-2002 by Ord. No. 1540-02]
All licenses under this chapter shall, at all times, be subject to such reasonable rules and regulations as may be made from time to time by the City Council for the proper operation and regulation of the places of business named in such licenses.
A. 
Every establishment within the meaning of this chapter and licensed hereunder shall be closed to the public, and business with the public therein shall be and is hereby prohibited, after the hour of 3:00 a.m. and before the hour of 6:00 a.m. of any day. These hours of operation shall not supersede any specific conditions set by the City Council, by resolution, for a particular licensed establishment.
[Amended 7-21-2009 by Ord. No. 1801-09]
B. 
Every establishment within the meaning of this chapter and licensed hereunder shall be permitted to provide entertainment on New Year's Day until 5:00 a.m.
[Added 12-5-2006 by Ord. No. 1705-06]
The licensee shall not create or allow undue noise to emanate from the premises as to constitute a public or private nuisance. The licensee shall keep said premises in as neat and orderly condition as the nature of the business will allow.
Every owner-operator of every establishment within the meaning of this chapter and licensed thereunder shall, at all times, comply with the requirements of this chapter and with all authorities having jurisdiction in the licensed premises. Any violation of the terms of this chapter or any nuisances or hazard to health or safety which may exist or develop in or in consequence of or in connection with any such premise shall forthwith be abated and removed by the licensee upon receipt of a notice to that effect from any one of the authorities having jurisdiction in the licensed premises. The authorities referred to in § 129-5A hereof shall be responsible for the enforcement of this chapter.[1]
[1]
Editor's Note: Original Section XV, Penalty, which immediately followed this section, was deleted 7-11-1985 by Ord. No. 865-85. For current penalty provisions, see Ch. 1, Art. II.