[Adopted 9-14-1946 by Ord. No. 482 (§§ 78-1
to 78-11 of the 1982 Code)]
No person or persons, partnership, voluntary
associations or incorporated companies, unless duly licensed in accordance
with the provisions of this article, shall have, keep, own, maintain
or use within the limits of the Borough of Leonia any billiard or
pool rooms, dance halls, roller skating rinks, bowling alleys, tennis
courts, swimming pools or miniature golf courses or any other places
where the amusement or recreation of the public is carried on as business
or for profit of any kind to the owner or operator thereof, under
penalties herein set forth.
The Borough Council may, by resolution, adopt
terms, conditions, restrictions, limitations, rules and regulations
governing the premises for which any such license may be issued and
may refuse to issue such license if the said Borough Council, upon
investigation, shall be satisfied that the granting of any such license
will not be conducive to the good government, order, health and morals
of said Borough and its inhabitants. In conducting any such investigation
as herein provided for, the Borough Council shall afford all parties
in interest a reasonable opportunity to be heard in connection with
the application for the issuance of any license as herein provided.
The place where said business is carried on
shall be at all times open to inspection and shall be under the control
and regulation of the Chief of Police of the Borough of Leonia, and
said Chief of Police is hereby authorized, subject to approval of
the Borough Council, to make, promulgate and enforce such further
rules and regulations in respect to each business as shall make for
maintenance of order in the Borough.
A.
This Article shall not be considered as affecting
any municipal activity or church, fraternal order or other private
nonprofit-making association which operates any of the herein specified
places of amusement or recreation solely for the use of its members.
Facilities owned by such organizations may also be rented or leased
to other like organizations for the private use of its members without
this article applying, but if rented or leased to individuals or other
organizations who operate for private profit, this article shall apply.
B.
At the discretion of the Chief of Police, places of
amusement or recreation privately owned, as stated in the above subsection,
may be used or rented to like organizations for public affairs to
which an admission is charged, provided that all such admission charges
are for the sole benefit of the organizations owning, operating or
renting the place of amusement or recreation or for the benefit of
such organization's auxiliaries or for a charitable or public benefit.
For all cases covered by this subsection, a permit issued in accordance
with the requirements of this article, for which there shall be no
charge, however, shall be obtained.
B.
Licenses may be issued for a period of one year and
shall expire upon the following 31st day of December, or licenses
may be issued for a shorter definite period, in which case the annual
license fees as above set forth shall be prorated, but in no event
shall the license fee be less than 1/20 of the above annual fee.
No person under the age of 16 years shall be
permitted to play pool or billiards or to dance in any place licensed
pursuant to the terms of this article.
No games of chance, gaming, gambling, playing
for money among contestants or any other such practices shall be permitted
in any place where said business, trade or occupations aforesaid shall
be carried on pursuant to the terms of this article.
No licenses granted in accordance with this
article may be transferred without the approval of the Borough Council.
A license may be revoked by the Borough Council
by reason of the violation of the terms of the license, the violation
of any municipal ordinance, state or federal statute or falsification
in applying for a license. The licensed person must be granted a hearing
by the Borough Council upon his request. A license may be suspended
for not more than two weeks by the issuing officer without a hearing.
The purpose of this article is to regulate in
the interest of public morals, health and safety the businesses herein
mentioned and to derive a revenue by the imposition of license fees
thereon.
