[HISTORY: Adopted by the Mayor and Council of the Borough of East
Rutherford 10-15-1996 by Ord. No. 96-33. Amendments noted where applicable.]
It shall be unlawful for any person to use any building, land or premises
open to the general public in the Borough of East Rutherford for the presentation
of any entertainment and/or amusement without first having obtained a license
from the Borough Clerk. A separate license shall be required or each separate
place or location of business. For the purposes of this chapter, karaoke at
the premises shall not require a license.
A.
A person desiring a license under this chapter shall
file with the Borough Clerk an original and two copies of an application under
oath, in writing, on a form furnished by the Borough Clerk.
B.
The application shall set forth the following information:
(1)
The applicant's name, business name and business address.
(2)
If the applicant is an individual, partnership, corporation
or another entity and, if another entity, a full explanation and description
thereof.
(3)
If the applicant is an individual, the applicant's residence
address, date and place of birth and social security number.
(4)
If the applicant is a partnership, the full names, residence
addresses, dates and places of birth and social security number of each partner.
(5)
If the applicant is a corporation or other entity: in
the case of a corporation, the full names, residence addresses, dates and
places of birth of each major officer and each stockholder, the name and address
of registered agent and the address of the principal office upon whom and
where service of process is authorized to be made (the term "stockholder"
as used herein means and includes any person having an interest, either legal
or equitable, in 10% or more of the stock issued and outstanding of the applicant
corporation); in the case of another entity, the full names, residence addresses,
dates and places of birth of each person having or owing any interest, legal
or equitable, aggregate in value of 10% or more of the total capital of said
entity, the name and address of the registered agent, if any, and the address
of the principal office, if any, upon whom and where service of process is
authorized to be made.
(6)
A drawing of the interior of the premises showing all
entrances and exits to and from the place where the business is to be conducted;
the location and placement of all antifire equipment, for example, hoses,
extinguishers, sprinkler systems, etc.; the location of all fire exits; and
the proposed plan of evacuation in the event of an emergency.
(7)
The type or types of entertainment that the establishment
proposes to present at the premises and frequency of presentation.
Upon receipt of a complete application, the Borough Clerk shall submit
the same to the Mayor and Council for its consent and approval prior to the
issuance of a license.
The license shall authorize the licensee to conduct business only on
the premises specified in the license. The license shall not be transferable
to any other premises nor assignable or transferable in any manner or to any
other person.
All licenses are subject to suspension or revocation after due notice
and hearing by the governing body for the violation of any of the terms of
this chapter, for the violation by the licensee of state and municipal rules,
regulations, statutes and/or ordinances or for allowing, suffering or permitting
the violation of municipal rules, regulations, statutes and/or ordinances
upon the licensed premises by its servants, agents, employees or patrons thereof
where the licensee knew or should have known that such violations were being
committed by the servants, agents, employees or patrons of the licensee.
All licenses under this chapter shall, at all times, be subject to such
reasonable rules and regulations as may be made from time to time by the governing
body for the proper operation and regulation of the places of business named
in such licenses.
Every establishment within the meaning of this chapter and licensed
hereunder shall be permitted to present live entertainment at the licensed
premises between the hour of lawful opening and 1:00 a.m.
The licensee shall not create or allow undue noise to emanate from the
premises so as to constitute a public or private nuisance. The licensee shall
keep said premises in as neat and orderly condition as the nature of the business
will allow.
Every owner-operator of every establishment within the meaning of this
chapter and licensed hereunder shall, at all times, comply with the requirements
of this chapter and with all authorities having jurisdiction in the licensed
premises. Any violation of the terms of this chapter or any nuisances or hazard
to health or safety which may exist or develop in or in consequence of or
in connection with any such premises shall forthwith be abated and removed
by the licensee upon receipt of a notice to that effect from any one of the
authorities having jurisdiction in the licensed premises.
Any person, partnership or corporation who violates any provision of
this chapter shall, upon conviction thereof, be punished by a fine not exceeding
$500 or imprisonment for a term not exceeding 90 days, or both.
