[HISTORY: Adopted by the Township Council of the Township of Cedar
Grove 12-29-1952, Ch. 7, Art. 5, of the former Revised Ordinances; amended
in its entirety 8-27-1979 by Ord. No. 79-104. Subsequent amendments noted
where applicable.]
GENERAL REFERENCES
Amusement devices — See Ch. 86.
Bingo and raffles — See Ch. 97.
Curfew — See Ch. 122.
Filming — See Ch. 135.
Golf courses and driving ranges — See Ch. 153.
Noise — See Ch. 176.
Public health nuisances — See Ch. 179.
Peace and good order — See Ch. 188.
STATUTORY AUTHORITY
Adoption of police ordinances — See N.J.S.A. 40:69A-29.
As used in this chapter, the following terms shall have the meanings
indicated:
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]
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]
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.
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.
A.
Applications, in the form provided by the Township, for
a license under this chapter shall be filed with the Township Clerk at least
60 days prior to the operation of any business or activity or the conduct
of any scheduled event regulated by this chapter.
B.
The application shall set forth:
(1)
The name and address of the individual applicant (licensee)
or, if the applicant is a partnership, the names and addresses of each of
the partners. In the case of a corporate applicant, the names and addresses
of the corporate officers and the names and addresses of each stockholder
of record holding 10% or more stock interest in said corporation.
(2)
The kind of enterprise or business, set forth in §88-1 of this chapter, to be conducted and the activity to be carried on for which a license under this chapter is required and sought. If dance hall activities are to be conducted on an exempt or irregular basis, a description of the type of function, the expected patronage, how often the affairs will be conducted and all other details of the excepted activity.
(3)
The location and description of the place or premises
and building or structure wherein or whereon the business or activity regulated
by this chapter is sought to be licensed or is to be conducted and carried
on.
(4)
A plan showing the location on the premises of buildings
or the nature of the structure or conveyance in or upon which the business
will be conducted or carried on and the seating or other patron capacity of
any such building or other structure or conveyance and designated areas for
parking, including ingress and egress, and what provisions will be made for
adequate traffic control and circulation on and off the premises and sanitary
facilities. If a building is to be used, it shall comply with all requirements
of the Uniform Construction Code, Fire Prevention Code, Health Code and Zoning
Ordinance[1] of the Township and all laws of the state applicable thereto.
(5)
In the case of cabarets, nightclubs and dance halls to
be conducted in a place where food and drink are served, the application shall
further set forth that a certificate of occupancy has been filed with the
Township Clerk, the number of exits and entrances, seating and other patron
capacity and the type of music and other entertainment to be provided in the
case of dance halls, specifying with particularity the manner of reproduction
of the music, the type and description of any and all equipment to be utilized
in the musical reproductions and visual effects, the maximum decibel reading
on the A scale to be produced outside the building at the nearest residential
property line to said building and such other information as may be required
by applicable ordinances and regulations of the Township, which may indicate
that the granting of such license shall not constitute a hazard to health,
morals or the safety of the public.
[Amended 10-1-1979 by Ord.
No. 79-111]
(6)
In the case of bowling alleys, the application shall
further set forth the number of bowling alleys for which licenses are required
and the name of the person owning said place where said bowling alleys are
to be located and the name of the owner of the bowling alley business.
(7)
In the case of cabarets, nightclubs and dance halls,
the application shall include a site plan of the building and all contiguous
land areas to be provided by the owner for parking, specifically indicating
the size of each parking place and the number so provided. In case of dance
halls, the applicant shall provide on-premises parking for the full desired
capacity of the dance hall during the conduct of said business or activity.
Parking spaces accommodating automobiles equal to 33 1/3% of the maximum number
of patrons to be admitted shall be deemed compliance. Patron capacities shall
not, however, exceed capacities prescribed by the certificate of occupancy
or other provisions of the Township Code. Failure to restrict patron capacity
to the parking spaces available in its request for a dance hall license or
failure to comply with the restriction on patron capacity in the premises
during any dance hall activity shall be grounds for refusing to issue, suspension
or revocation of the dance hall license and a violation of this chapter.
[Amended 10-1-1979 by Ord.
No. 79-111]
(8)
The consent or agreement of the applicant to abide by
all the provisions, terms and conditions of this chapter and of any amendments
and supplements thereto.
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.
A.
The fees for licenses under this chapter shall be as
follows:
(1)
Circuses: $150 per diem.
(2)
Traveling and other shows: $100 per diem.
(3)
Plays, exhibitions and concerts: $5 per diem.
(4)
Theatrical performances, motion-picture exhibitions and
skating rinks: $250 per annum.
(5)
Cabarets and entertainments in any place where food and
drink are served, the premises of which are not already licensed for theatrical
performances, nightclubs or as dance halls: $100 per annum.
(6)
Nightclubs which are not already licensed for theatrical
performances or as dance halls: $250 per annum.
(7)
Dance halls: $250 for each six-month license period.
A new application shall be required for each license.
[Amended 12-7-1981 by Ord.
No. 81-167]
(8)
Portable amusements rides, including but not limited
to merry-go-rounds, miniature Ferris wheels and whips mounted on trucks: $10
per vehicle per annum.
(9)
Bowling alleys, for each alley: $10 per annum.
(10)
All other enterprises of amusement or entertainment not
specifically covered by the above: $100 per annum.
B.
The Township Council may, in its discretion on application,
authorize the Township Clerk to waive the license fee herein indicated for
any activity governed by this chapter, provided that the applicant-licensee
has complied with all other provisions for the issuance of said license and
the whole net profits of the activity are to be devoted to a local organization
exclusively engaged in charitable or benevolent activities.
A.
Licenses requiring the payment of an annual fee shall
be issued for a term of one year, commencing January 1 and terminating on
December 31 of the year of issuance.
B.
Licenses requiring the payment of a per diem fee shall
be issued for the time therein expressed.
C.
Dance hall licenses shall be limited, when issued, to
a term of six months.
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.
A.
The provisions of this section shall apply to any license
issued pursuant to this chapter to exhibit motion pictures and shall be subject
to the terms and conditions hereinafter set forth in this section, and every
applicant for such license in accepting the license agrees to abide by and
comply with the said terms and conditions.
B.
The licensee shall be responsible for any disorder.
C.
During the hours in which motion pictures or theatrical
performances are being conducted, no smoking shall be permitted in the auditorium
or any portion of the theater building except in the lobby and rest rooms.
Conspicuous "no smoking" signs must be prominently displayed in the lobby
and on each door leading to the auditorium, and a "no smoking" notice must
be flashed on the screen for a minimum of 15 seconds at least once before
each performance.
D.
Any police officer, fireman or the Building Inspector
may enter such place at any time to inspect the same and enforce any applicable
law or ordinance.
E.
Any motion picture to be exhibited shall comply with
the ratings or schedules adopted by the motion-picture industry as to type
of picture, recommended viewing public and setting forth age groups for viewing
such pictures.
F.
Where the age of the person applying for admission is
not visibly apparent as being above any restricted age, such person shall
supply proof of age and certify in writing as to his age, which certification
shall be dated and retained by the licensee for a period of 30 days and during
that time shall be subject to inspection by the Police Department of the Township.
G.
No motion picture shall be exhibited unless it is clearly
indicated in the advertisement thereof the type of picture to be shown as
established by the ratings or schedules of the motion-picture industry and
for the age group for which it is recommended.
H.
No motion picture shall be exhibited without posting
prominently in front of the theater the classification of the type of film
to be exhibited as established by the ratings and schedules of the motion-picture
industry and for the age group for which it is recommended.
I.
No preview of any film shall be shown or any scene or
scenes from such a film which is restricted to mature audiences on the same
program with a film recommended to a family audience as classified by the
ratings and schedules of the motion-picture industry.
J.
It shall be unlawful for any person:
(1)
To give his age falsely as 18 years of age or over for
the purpose of gaining admittance to an exhibition of a film restricted to
a young person of such age as classified by the ratings and schedules of the
motion-picture industry.
(2)
To enter or remain in the viewing room of any theater
where a film is being exhibited which is restricted to a young person of such
age.
(3)
No person shall stand in any aisle or passageway or place
any obstruction or thing in any such aisle or passageway of any motion-picture
theater licensed thereunder.
(4)
To sell, procure for or give any person a ticket to an
exhibition of a film restricted to such person.
(5)
To make any false statements for the purpose of enabling
any young person to gain admittance to an exhibition of a film when such film
is restricted to a young person of such age.
K.
Nothing in this section shall be construed to regulate
public exhibitions preempted by the Annotated Statutes of the State of New
Jersey, as amended.
L.
Any person who violates any provision of this section and is subject to prosecution in the Municipal Court shall, upon conviction thereof, be subject to the penalty provided in §88-12 of this chapter. Any other person who shall violate any provisions of this section and is not subject to prosecution in the Municipal Court shall be punished in such other courts of this state as shall have jurisdiction in accordance with the law.
A.
Any license issued under this chapter may be suspended
or revoked by the Township Council of Cedar Grove by reason of the violation
of the terms of the license, failure to comply with the representation of
operations contained in the license application, falsification of the license
application, violation of any other ordinance of the Township or statute of
the State of New Jersey or upon any other grounds for which a license may
be denied. Where a license revocation or suspension is proposed to the Township
Council by any person, the Council shall require a detailed statement of the
reasons for such revocation or suspension and shall direct the Chief of Police
and the Fire Prevention Bureau, or such other official of the Township who
may have authority with respect to the area of responsibility involved in
the revocation and suspension, to provide a detailed report to the Township
Council within 10 days thereof. Any licensee charged with a violation which
may subject his license to revocation or suspension shall have the right to
request a hearing to be held within 10 days thereafter to determine whether
his license shall be revoked or suspended. A decision of the Township Council
shall be rendered within 20 days of the time such hearing is requested or,
if no hearing is requested, within 10 days of the receipt of reports from
the Chief of Police, Fire Inspection Bureau or other administrative agent.
B.
In addition, a license issued pursuant to this chapter
may be revoked or suspended when any licensee, who is the owner of the property
upon which the licensed business is conducted, has failed to pay the taxes
due on the property for at least three consecutive quarters.
[Added 5-6-1991 by Ord. No.
91-383]
[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.
