As used in this chapter, the following terms shall have the meanings
indicated:
CABARET
A place where live musical or nonmusical entertainment is presented
in a restaurant or cafe which serves alcoholic beverages and where no patron
dancing or performing is permitted.
[Amended 10-1-1979 by Ord.
No. 79-111]
DANCE HALL
Premises in which musical entertainment and patron dancing or performing
is permitted as the primary activity at any time and where admission is charged.
Special private affairs and functions by local charitable and governmental
organizations (such as religious institutions, municipal agencies, educational
institutions, etc.) conducted on an irregular basis (not more than once per
month) shall not subject the premises or the owner of the premises to licensing
as a dance hall.
[Amended 10-1-1979 by Ord.
No. 79-111]
MISCELLANEOUS AMUSEMENT BUSINESSES
Premises in or upon which all other types of entertainment or amusement
businesses not included within the definitions of "cabaret," "nightclub" or
"dance hall" are conducted and including, without limitation, the following
traveling and other shows; circuses; theatrical performances; motion-picture
exhibitions; concerts; skating rinks; bowling alleys; portable amusement rides;
and any other types of amusements or entertainment where food and drink are
served.
NIGHTCLUB
Where patron dancing or performing is permitted to any type of musical
presentation, as an adjunct or secondary to the primary business of the owner
being conducted on the premises at any particular time (such as restaurant,
cafe, theater production, special private affairs, etc.).
[Amended 10-1-1979 by Ord.
No. 79-111]
No persons shall conduct, carry on, exhibit or promote any type of business or activity defined in §
88-1 of this chapter in any place, building, structure or premises within the Township without first having obtained the appropriate license(s) therefor as hereinafter provided.
The Township Clerk shall issue a license requested under this chapter only after the license fee prescribed in §
88-5 has been paid and the application for a specific license shall have been approved by the Chief of Police and Fire Inspection Bureau. In the case of the cabaret, nightclub and dance hall licenses, the Clerk shall not issue such license until the Township Council has approved the same after receiving reports from the Chief of Police, Fire Inspection Bureau and such other municipal official who may have jurisdiction over any element of the application. License approvals may be withheld for the following reasons:
A. The premises where the business or activity regulated
by this chapter is to be conducted is unsafe or the manner in which the said
business is to be conducted renders the premises unsafe for such business
or activity.
B. The individual applicant or any partner of a partnership
applicant or any stockholder of a corporate applicant holding 10% or more
stock interest in said corporation, manager or operator has been convicted
of a crime or is otherwise not of good moral character.
C. The applicant has violated any prior license requirement
under this chapter or any predecessor ordinance regulating similar activities.
D. The proposed business or activity shall require additional
or unusual policing or regulation by Township personnel beyond that normally
provided by the Township.
E. The business or activity proposed by the application
is in any way unlawful, is inherently detrimental to the health, morals and
safety of the public or produces an unfavorable or adverse effect upon the
proper operation of the community for the public good that cannot reasonably
be controlled by police and safety regulation.
[Amended 10-1-1979 by Ord.
No. 79-111]
F. The application for a license fails to comply with any
other requirement of this chapter or other ordinance provisions of the Township
or state law.
G. There is a falsification in the application for license.
Licenses issued under this chapter shall not be transferable from person
to person or place to place.
All licenses issued under this chapter shall be posted and displayed
in a conspicuous place, viewable by the public, upon the licensed premises
where the business or activity regulated by this chapter is conducted.
[Amended 7-30-1984 by Ord.
No. 84-222; 10-23-2006 by Ord. No. 06-656]
A. Any person who violates any provision of this chapter shall,
upon conviction thereof, be punished by a fine not exceeding $2,000 or by
imprisonment for a term not exceeding 90 days, or both. A separate offense
shall be deemed committed on each day during or on which a violation occurs
or continues.
B. In addition to any other penalty, the license may be suspended
or revoked.
Except as may be permitted in and by any other ordinance of the Township,
no person shall conduct, operate or maintain for commercial purposes any premises,
building or structure or part thereof for use as a pool or billiard hall.
[Added 3-6-2006 by Ord. No. 06-639]
The provisions of this chapter shall not apply to the use of karaoke within establishments that may otherwise subject to this chapter in the Township, and no license under §
88-2 hereof shall be required.