[HISTORY: Adopted by the City Council of the City of Trenton 9-7-1967
as § 5-8 of the Revised General Ordinances. Amendments noted where
applicable.]
No person either as principal or agent, clerk employee, either for himself/herself
or any other person, or for any corporation or other association shall maintain
or operate any premises primarily devoted for the use of meetings, gatherings
or group activities, whether for profit or otherwise, including, but not limited
to, social clubs or athletic clubs, whether formally organized or otherwise,
within the City without first having obtained a license from the City Clerk
and without complying with the provisions contained in this chapter. This
chapter shall not be construed to require additional licenses for premises
for which an alcoholic beverage license has been issued, unless the meeting,
gathering or activity is conducted in a portion of the premises not included
within the existing license, nor shall it apply to tax-exempt educational,
governmental, charitable or church premises or public buildings.
Applicants for meeting hall licenses or renewals thereof shall submit
an application form to be provided by the City Clerk. Applications shall include
the full name and current address of the owner of the premises and local managing
agent thereof, and of the proposed licensee. In the case of a partnership
or corporate owner or licensee, the application shall include the name of
each shareholder or partner holding 10% or more of the outstanding stock,
and in the case of organized clubs, whether incorporated or otherwise, the
principal officers and a brief description of the nature of purposes of the
organization.
The City Clerk shall transmit copies of all applications for meeting
hall licenses to the Police Director, the Fire Chief and the Building Inspector,
who shall investigate the licensed premises in accordance with their respective
jurisdictions and report back, in writing to the City Clerk, their findings
of fact and recommendations.
A.
In the event of a denial, the Clerk shall state her reasons in writing, addressed to the applicant, which reasons shall be limited to those specified in Chapter 146, Licensing, § 146-9E.
B.
Any person who shall be aggrieved by the decision of
the City Clerk, either in the granting or denial of a license, shall be entitled
to appeal to the City Council within 30 days of the receipt of the decision
by filing a written request for review by City Council with the City Clerk
within the thirty-day period.
Each license shall be effective for a term of one calendar year, expiring
midnight, December 31 of each year and shall be subject to renewal upon approval
of a renewal application which shall be submitted, together with the license
fee, to the City Clerk between November 1 and December 1 of each year and
which shall be approved or rejected on or before December 31. Applications
for new licenses may be applied for at any time during any calendar year and
shall be approved or rejected within 30 days of submission in proper form.
The annual nonrefundable license fee of $25 shall be paid to the City
Clerk at the time of the initial issuance of the license and submitted annually
thereafter, together with the renewal application form.
Licenses shall be at all times displayed conspicuously upon the premises.
All applicants for initial licenses under the terms of this chapter
shall also, at least five days prior to the submission of the license application,
give notice to all owners and occupants of property within 200 feet of the
property involved in the application. Such notice may be given by personal
service or by registered or certified mail, return receipt requested, provided
that notice shall not be deemed necessary or required in the case of any application
for license or premises presently in use as meeting halls prior to the adoption
of this chapter. The notice, in a form to be provided by the City Clerk, shall
advise the recipient to file any objections to the granting of the license
in writing to the City Clerk within 10 days.
A.
No license shall be issued for the operation of a meeting
hall, dance hall, or rental hall which is located within 1,000 feet of any
school, church, or public building or within 1,000 feet of another premises
licensed under this chapter or premises licensed as dance halls, rental halls
or pool or billiard parlors, or license for the sale of alcoholic beverages,
retail or plenary consumption or distribution under this Code. This provision
shall not apply to meeting halls, dance halls, or rental halls, existing as
such on or before October 5, 1978.
B.
Upon application to the City Clerk, which application
shall be upon forms provided by the City Clerk, and upon notice to owners
and occupants of property within 200 feet of the proposed location, an authorized
representative of a social organization actually in existence and functioning
on a regular basis prior to October 5, 1978, in its present location or in
another location may apply to the City Council for a variance from the foregoing
distance requirements, which application shall be granted upon a showing that:
(1)
A variance is needed due to failure, through inadvertence or
excusable neglect, of the owner or organization to obtain and maintain an
initial license as required by this chapter; or
(2)
A need for relocation has occurred as a result of a hardship
and that relocation to a site within the restricted distances set forth herein
would not jeopardize the public health, safety and welfare. The City Council
will make its determinations following a public hearing to be convened on
not less than 10 days' notice to all persons concerned.
A.
The applicant, at the time of initial application, shall
submit a complete floor plan of the premises indicating entrances, exits,
fire exits and measurements of those portions of the premises to be included
in the license or under the control of the licensee.
B.
Any premises which shall be declared to be unsafe by
the written report of the Building Inspector, or a fire hazard by the written
report of the Fire Chief, shall be deemed to be ineligible for a license and
shall not be operated until such violations are abated. The licensed premises
shall be subject to inspection by appropriate City officials in the same manner
as the other licensed premises or buildings within the City to enforce the
provisions of this chapter and the provisions of all appropriate health and
safety codes.
C.
The premises shall be evaluated by the Fire Department
which shall prescribe occupancy limitations which shall be inscribed upon
the license. It shall be a condition of the issuance of the license that the
licensee shall not allow the occupancy limitations to be exceeded at any time.
No licensee, agent, employee or invitee shall obstruct, in any way, the inspectors
from performing their duties.
A.
The owner of any premises within the City, which is primarily and regularly devoted to the uses described in § 158-1 shall procure and maintain a valid license pursuant to the procedures prescribed herein. In addition to the owner's responsibility, it shall be the responsibility of any person having dominion or control of the premises in the absence of the owner to comply with the licensing and other provisions of this chapter.
B.
At the time of application for each license or renewal,
and periodically thereafter, whenever necessary to provide an accurate record,
the licensee shall designate by full name and current address the adult person
who shall bear the full responsibility for the maintenance and management
of the licensed premises at all times. Whenever the licensed premises is in
use for any gathering or activity, it shall be the further obligation of the
licensee to have available on the premises an adult person who shall be the
representative of the licensee and who shall be responsible to correct or
abate any and all violations of this chapter or any breach of the peace in
cooperation with the officers and agents of the City. In the event of any
violation of this chapter, the owner and/or other person having tenancy, dominion
or control over such premises at the time of the occurrence of the violation
shall be subject to the penalties prescribed herein.
No person, owner, tenant or occupant shall conduct any licensed premises in such a way as to create a nuisance to the detriment of the peace and tranquility of the neighborhood by allowing, permitting or suffering on or about the premises, including any sidewalk area, and other portions of the licensed premises immediately adjacent to, and a part of, the property for which the license has been issued, any loud, disorderly or unlawful behavior of any invitee or patron or other person whether or not specifically invited to occupy or visit the premises licensed. It shall be the responsibility of the person described in § 158-1 hereof to take reasonable action to maintain the peace and tranquility of the neighborhood in which the licensed premises is situated by actively abating and removing any such conduct. Any and all complaints of noise or nuisance of any sort registered by any person with the City Clerk shall be processed for license disciplinary hearings, subjecting the licensee to suspension or revocation of the license pursuant to the procedures set forth in Chapter 146, Licensing.
In addition to its application to meeting halls, the operational restrictions,
application disclosure requirements, penalties and disciplinary procedures
provided in this chapter shall be applicable to the conduct of any dance hall
or rental hall separately licensed hereunder.
This chapter shall not be construed to supersede or supplement any other licensing provisions provided for by Chapter 146, Licensing, Article III, and, in particular, a license granted hereunder for the operation of a meeting hall shall not constitute a license for the operation of a rental hall or dance hall and shall not constitute a license for the sale or dispensing of any alcoholic beverage.
