[HISTORY: Adopted by the City Council of
the City of Passaic 12-6-1984 by Ord. No. 815-84. Amendments noted where
applicable.]
[Amended 4-3-1986 by Ord. No. 926-86]
As used in this chapter, the following terms
shall have the meanings indicated:
The activity of providing entertainment and/or amusement
to the public.
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.
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.
The entire premises, including, without limitation, all buildings,
structures, appurtenant structures, walks, alleys, drives and parking
facilities owned or controlled by the 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.
Any natural person, partnership, firm, association, corporation,
joint venture or other business entity.
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:
[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.
(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.
[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.
[Added 3-21-2023 by Ord. No. 2389-23[1]]
A.
Definition. "Lewd or immoral activity" shall include, without limitation,
any activity whereby a person lacks attire or covering on the genitals
or other "private parts," including, but not limited to, female breasts.
Engaging in or simulating sexual activity or touching is deemed "lewd
and immoral activity." Simulation of sexual activity, even if adequately
clothed, is also deemed "lewd or immoral activity." Nothing in this
section shall be deemed to curtail the definition of "lewd or immoral
activity" employed by the State of New Jersey in N.J.A.C. 13:2-23.6
or prevailing jurisprudence.
B.
It shall be unlawful for any person to conduct or perform or allow
to be conducted or performed any act involving any lewd or immoral
activity on or within any establishment within the meaning of this
chapter and licensed hereunder which provides entertainment and/or
amusement.
C.
Revocation of entertainment privileges. Upon any violation of this subsection, whereby any person at an establishment is found to have participated in lewd or immoral activity, the privilege of offering entertainment and being licensed therefore at said establishment shall be revoked. Such revocation proceedings shall be in conformity with due process of law requirements as described in § 129-10 of this chapter and elsewhere.
D.
Violation and penalty. Any person who is found to have violated the provisions of Subsection B of this section shall be subject to the penalty set forth in Chapter 1, Article II, General Penalty, of this Code. In addition to the penalties set forth in Chapter 1, Article II, General Penalty, the owner of real property which leases such property to a business operating an entertainment establishment and licensed hereunder who violates any provision of Subsection B of this section may be subject, upon conviction thereof, to a fine: for the first offense, not less than $1,000 nor more than $1,500; for a second offense, not less than $1,500 nor more than $3,500; and not less than $3,500 nor more than $5,000 for a third and any subsequent offense.
E.
In the event that an owner of real property which leases such property to a business operating an entertainment establishment and licensed hereunder that employs or contracts any person who violates any provision of Subsection B of this section is determined to have known, or should have known, of such violation, the fines set forth above shall be doubled. An owner may be found to have knowledge of a violation sufficient to invoke the enhanced fines set forth in this Subsection E from the existence of prior violations at the subject property, whether or not the present owner was the owner of the property at the time of the earlier violations and whether or not the employee, contractor, or business who engaged in the prior violations of this article is the same employee, contractor, or business currently in violation of the provisions of this article.
