[Adopted 2-18-1997 by Ord.
No. 2210]
[Amended 9-7-2004 by Ord. No. 04-2333]
It shall be unlawful in the Borough of Bergenfield to conduct a bowling
alley, miniature golf course, skating rink, dance hall, and pool and billiard
rooms, or combination thereof, or such other places where the business of
bowling, golf, skating, dancing or the playing of pool or billiards is conducted
for gain, reward or profit, without first having obtained a license for that
purpose in accordance with the provisions of this article as herein set forth.
A.
An application for such license issuable under this article
shall be made to the Borough Clerk in writing, signed by the person or persons,
society, club, corporation or association intending to conduct such place
of business, and said writing shall specify the location of the premises;
the approximate size and the type and nature of the building and the structure
thereon; the nature of the business to be conducted therein; the name, residence,
age and occupation of the applicant; and such other information and data which
by the rules and regulations of the governing body shall be considered pertinent.
Applicants shall furnish two-by-two-inch photographs of the principal owners
and/or operators of the business in question. In addition, the applicant shall
agree, in writing, to conform his business hours to those set forth in this
article.
B.
Upon receipt by the Borough Clerk, all applications shall
be submitted to the Chief of Police, Board of Health, Fire Prevention Bureau,
Building Subcode Official for their inspection and investigation, and they
shall report thereon, in writing, to the Borough Clerk.
C.
The aforesaid officials shall respectively satisfy themselves
that the licensee's business is being operated in full compliance with federal,
state and municipal laws and regulations or codes and shall as to the public
safety hazard, the sanitary requirements and conditions and the fire hazards
involved make a report thereon, together with their recommendation as to approval
and disapproval, within 10 days after the application has been submitted to
them.
D.
Upon return of said application to the Borough Clerk
by those officials, the Borough Clerk shall then refer the application for
license to the governing body of the Borough of Bergenfield for consideration
and determination together with copies of any and all reports and comments
prepared and filed by the aforesaid officials.
E.
Upon favorable action of the governing body, the license
herein provided shall be issued to the licensee.
A.
The term of each license issued shall run from January
1 and expire December 31 of each year. All affected businesses now being operated
and conducted within the Borough of Bergenfield and which would be covered
by the provisions of this article which would require them to be licensed
shall be licensed in accordance herewith and the person or persons conducting,
operating or controlling these businesses shall have 30 days after final passage
of this article and enactment into law to apply for and obtain the required
license.
B.
No holder of a license, whether same is a person, corporation,
company or partnership, shall be permitted to transfer or assign its license
to any other person, corporation, company or partnership or to any other place
or location other than that shown or set forth in said license.
C.
Specifically excluded from any of the licensing requirements
contained herein is any business whose operation is controlled by and licensed
pursuant to the rules and regulations adopted and enforced by the Division
of Alcoholic Beverage Control of the State of New Jersey and any duly authorized
church or any bona fide veterans, charitable, educational, religious, civic
or fraternal organizations; provided, however, that such organizations are
organized on a nonpecuniary profit basis and do not have a plenary retail
consumption license issued by the Alcoholic Beverage Control Board.
The license herein provided for shall be posted and displayed in a conspicuous
place in the bowling alley, miniature golf course, pool hall, skating rink
or such other place where the business of bowling, playing miniature golf
or skating is conducted under such license.
A.
Bowling alley: For each bowling facility the annual license
fee shall be the sum of $50.
B.
Miniature golf course: The annual license fee shall be
the sum of $50.
C.
Skating rink: The annual license fee shall be the sum
of $50.
D.
Dance hall: The annual license fee shall be the sum of
$250.
F.
For any other public place of amusement and entertainment
to which the public is invited, the annual license fee shall be the sum of
$50.
G.
The aforesaid fees shall be paid to the Borough Clerk
of the Borough of Bergenfield at the time the application for or renewal of
the license submission is made. No action shall be taken on any application
for or request for renewal of any license for which the total fee or any late
fees are not paid.
H.
In the event the license is refused or not issued, then
the aforesaid license fees shall be refunded, except $10 which shall be retained
to defray the costs and expenses of inspections and investigations. No license
may be prorated.
No license to operate or conduct a bowling alley, miniature golf course,
skating rink, dance hall, or pool or billiard room or combination thereof,
or such other place where the business of bowling, miniature golfing, skating,
dancing or playing of pool or billiards is conducted, shall be issued to a
minor, to any person convicted of a crime or violation of any state, federal
and/or municipal laws, ordinances, rules and codes involving gambling or moral
turpitude.
No licensee, or any agent, servant or employee of a licensee, shall
allow, suffer or permit or cause to be allowed, suffered or permitted:
A.
Any gambling in any form in or at the licensed premises;
B.
Any observably intoxicated or disorderly person to be
admitted to the licensed premises or to remain therein, or the dispensation,
consumption or bringing onto the licensed premises of any alcoholic beverages
as defined in N.J.S.A. 33:1-1 et seq.;
C.
Loitering or congregating on the licensed premises by
customers or prospective customers of a licensee, when the licensee knows
or should know of the loitering, which shall be considered as conducting the
business in a disorderly manner, provided that the licensee does not take
reasonable steps to remedy said condition;
D.
Any entrance or exit to be locked during legal hours
of operation;
E.
Any persons on the licensed premises, other than during
the hours set forth herein, except those directly operating or employed in
said licensed premises;
F.
Any activity upon the licensed premises which is in violation
of municipal ordinances, state or federal law, regulations or codes;
G.
Any person to cause excessive or unnecessary noise or
loudness of such nature as to disturb the peace and quiet in, upon, and around
the licensed premises;
H.
Any lewd, lascivious or sexually suggestive conduct.
[Added 9-7-2004 by Ord. No. 04-2333]
No license shall hereafter be issued to conduct the business of a bowling
alley, miniature golf course, skating rink, dance hall, or pool or billiards
room within 500 feet of any school, library or church premises unless said
license was originally issued prior to the approval and construction of any
school, library or church premises within the distance restrictions set forth
in this article.
A.
The owner, operator or person in control of every bowling
alley, miniature golf, skating rink, dance hall, or pool or billiards room,
or such other place as may exist wherein bowling, miniature golf, skating,
dancing or playing of pool or billiards is licensed hereunder shall only be
permitted to remain open during the hours of 8:00 a.m. on each and every morning
of the week and 2:00 a.m. of the following morning.
B.
A licensee may, at any time, request special permission
to operate other than the hours as specified herein, which permission shall,
upon good cause, be considered by the governing body within 14 days of the
request.
C.
The hours herein mentioned refer to standard time or
daylight saving time, whichever time shall then be in effect and shall apply
thereto.
A.
A complaint may be filed by any interested citizen or
by a member of the Police or Fire Department of the Borough of Bergenfield,
if said complainant shall have reason to believe that a violation of this
article exists in any premises licensed in accordance with this article.
B.
The license issued hereunder may be suspended or revoked
by the governing body upon a hearing to be held after notice to the licensee.
C.
Upon the establishment of infractions of any one of the
following grounds of which the licensee has been timely notified within 30
days:
(1)
Violation of any laws of the State of New Jersey upon
the licensed premises by the licensee, its agents, servants, employees or
representatives;
(2)
Violation of any ordinance of the Borough of Bergenfield
upon the licensed premises by licensee, its agents, servants, employees or
representatives;
(3)
If said license was procured by fraudulent conduct or
false statement of a material fact or if a fact concerning the applicant was
not disclosed at the time of the filing of the application for or renewal
of the license where such fact would have constituted sufficient cause for
the refusing to issue said license;
D.
No suspension or revocation shall be issued against a
licensee where the licensee can reasonably demonstrate that the incident or
conduct giving rise to a suspension or revocation hearing was outside the
licensee's control, or that the incident or conduct can be prevented in the
future by reasonable changes to the licensee's operations that the licensee
agrees to promptly undertake.
A.
A suspension for the first conviction of this article
shall not exceed five days. If a plea of guilty or non vult is entered, one
day will be remitted for a net suspension of four days. The governing body
may accept monetary offer in compromise in lieu of suspension. The amount
will be determined as direct cost to the municipality for bringing the charge,
plus a fine not to exceed $1,500.
B.
For the second conviction, no suspension or revocation
shall be issued against the licensee exceeding 10 nonconsecutive days. If
a plea of guilty or non vult is entered, two days will be remitted for a net
suspension of eight nonconsecutive days. The governing body may accept a monetary
offer in compromise in lieu of the suspension which shall be calculated as
a sum of the reasonable and documented direct costs incurred by the municipality
in bringing the charges, plus a fine in lieu of suspension not to exceed $2,500.
In the event that a second conviction occurs within six months of the first
conviction, the governing body may suspend said licensee for a period no greater
than 14 days and impose the costs of bringing the charges, plus a fine of
$2,500 additional to the aforementioned fine.
C.
For any subsequent convictions of this under this article,
the license will be revoked unless there are mitigating circumstances or a
compelling reason not to do so, as determined by the governing body. In the
alternative, if a plea of guilty or non vult is entered, the municipality
may suspend the license for up to 30 days and impose a fine of up to $10,000
and recover costs incurred by the municipality in bringing the charges or
the governing body may revoke the license.
D.
The licenses shall receive an expungement of conviction
for each three years in which no convictions or charges are charged against
the licensee. The three-year period shall be calculated from the date the
last conviction against the licensee and the date of any subsequent filing
and service of charges against the licensee for which the licensee is ultimately
convicted.
A.
Written notice specifically setting forth the charge
or charges and the time and place of hearing shall be served upon the licensee
or its agent either personally or by certified mail, return receipt requested,
regular mail or overnight mail, addressed to the licensed premises. Said written
notice shall include a correct copy of the written charges filed against the
licensee, along with the name and/or names of the citizen of Borough official
filing said charges.
B.
No revocation or suspension shall occur unless the licensee
shall have had a reasonable opportunity to be heard in the defense of the
charges levied. The licensee and the Borough shall have the right to present
and cross-examine witnesses in support of its position. Each party shall provide,
in advance, each and every document which it plans to rely upon at the time
of the hearing to the other party. Each party shall also supply, in advance,
a complete list of witnesses which it plans to call at the time of the hearing,
and they shall have the right to interview named witnesses.
C.
The New Jersey Rules of Evidence shall not be applicable.
The Mayor and Council shall have the opportunity to issue a binding decision
upon a majority vote of a quorum of the governing body. The Mayor shall be
permitted to vote in all circumstances.
D.
The Borough Prosecutor or other agent designated by the
Borough shall present the charge(s) on behalf of the municipality. The Borough
Attorney or other designated agent shall issue all legal opinions which may
result from any questions regarding requests for discovery or objections raised
during the course of the hearing.
E.
No hearing shall be held until 10 days after full compliance
by the Borough and the licensee with all discovery requests unless the governing
body shall reasonably determine that there is an immediate threat to the health,
safety and welfare of the citizens. The Borough and the licensee shall comply
with all discovery requests within 20 days of the service of said request
upon either party.
