[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.
E. 
Pool or billiard hall: The annual license fee shall be:
(1) 
The first pool or billiard table located on the premises to be licensed, the sum of $50.
(2) 
For each additional pool or billiard table located on the premises to be licensed, the sum of $15.
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;
(4) 
Evidence of prohibited conduct as provided in § 91-36 hereof, permitting or suffering any activity upon the licensed premises which is or may be detrimental to the public health, safety, or welfare of the residents of the Borough of Bergenfield.
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.