[HISTORY: Adopted by the Mayor and Council of the Borough of Dumont 3-18-1997 by Ord. No. 1235. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- The activity of providing entertainment and/or amusement to the public.
- ENTERTAINMENT and/or AMUSEMENT
- Any movie, picture, dance club, concert, ball, show or play, and any activities engaged in nightclubs, cabarets, taverns, theaters, movie houses, social clubs or eating and/or drinking establishments where entertainment or dancing is permitted, and any go-go bars or other establishments, whether or not liquor is served, where any entertainment is offered to the public, whether live entertainment or not.
- Any theater, movie house, juice bar, hall, restaurant, auditorium, a commercial basis with a capacity exceeding 10 people.
- LICENSED PREMISES
- The entire premises, including, without limitation, all buildings, structures, appurtenant structures, walks, alleys, drives and parking facilities owned or controlled by the owner-operator.
- Any natural person, partnership, firm, association, corporation, joint venture or other business entity which owns or controls a premises or a location within the Borough of Dumont in which any entertainment and/or amusement is presented to the public.
- Any natural person, partnership, firm, association, corporation, joint venture or other business entity.
- PUBLIC DANCE HALLS and PUBLIC ASSEMBLY HALLS
- All buildings or parts of buildings occupied as night clubs, cabarets, taverns, theaters, movie houses, social clubs or eating and/or drinking establishments where entertainment or dancing is permitted, and all buildings and parts of buildings where dancing, entertainment, athletic shows, exhibitions, banquets, political meetings, lectures and other like affairs are held and to which admission can be had with or without the payment of a fee or by the purchase, possession or presentation of a ticket or token.
Nothing in this chapter shall apply to or require the obtaining of a license by:
It shall be unlawful for any person to use any land, building or premises within the Borough of Dumont for the presentation of entertainment and/or amusement to the public on a commercial basis and/or to maintain a public dance hall or public assembly hall without first obtaining a license therefor from the Mayor and Council of the Borough of Dumont. A separate license shall be required for each separate place or location of business.
No licensee shall engage in or shall allow, permit or suffer any person employed to perform dancing or other entertainment in or upon the licensed premises or to carry on any part of such dancing or other entertainment in a lewd, licentious or lascivious manner.
No licensee shall engage in or shall allow, permit or suffer any person to appear on the premises of any establishment licensed for entertainment in any act, scene, sketch or other form of entertainment, including dancing for the benefit of patrons, with either or both breasts or the lower part of the torso uncovered or so thinly covered or draped so as to appear uncovered, such as in the manner of topless or bottomless dancing.
No licensee shall employ, allow, permit or suffer any waitress, waiter, bartender, barmaid or any other person employed by the licensee for a purpose other than providing entertainment, which other person comes in contact with or is likely to come in contact with the patrons of said licensed establishment, to appear in the presence of such patrons with either or both breasts or the lower part of the torso uncovered or so thinly covered or draped so as to appear uncovered.
No licensee shall engage, employ, allow, permit or use entertainers under the age of 18 years.
No licensee shall employ, allow, permit or suffer in and upon the licensed premises any person to perform for hire or for the entertainment of patrons any dances, or public performances of any kind, in which body movement constitutes the principal or integral part of such performance, which body movement shall be representative of indecent acts or activity that would tend to arouse the sexual desire of others. No licensee shall provide any entertainment which entertainment shall cause the aforesaid premises to be conducted in such a manner as to become a nuisance.
No license shall be issued unless the subject premises complies with and conforms to all laws of the State of New Jersey, the United States of America, and the ordinances and regulations of the Borough of Dumont, including all Zoning Ordinances, and the subject premises are properly ventilated, supplied with sufficient toilet conveniences and the subject premises are, in the judgment of the Mayor and Council, a safe and proper place for the purposes for which they are to be utilized.
No license shall be issued by the Mayor and Council unless the licensee provides separate bathroom facilities for the entertainers and any employees of the licensee, which bathroom facilities shall be located on the same floor where the entertainment activity is conducted.
No license shall be issued by the Mayor and Council unless the licensee provides separate changing facilities for its entertainers, which separate changing facilities shall be located on the same floor of the premises where the entertainment activity is to be conducted.
No license shall be granted by the Mayor and the Borough Council if the premises for which application is made for an entertainment license is located within 500 feet of any church or public schoolhouse or private schoolhouse not conducted for pecuniary profit. The said 500 feet shall be measured in the normal way that a pedestrian would properly walk from the nearest entrance of said church or school to the nearest entrance of the premises sought to be licensed.
Any person desiring a license under this chapter shall file with the Borough Clerk an original and five copies of an application under oath, in writing, on a form furnished by the Borough Clerk.
The application shall set forth the following information:
The applicant's name, business name and business address.
Whether the applicant is an individual, partnership, corporation or another entity and, if another entity, a full explanation and description thereof.
If the applicant is an individual, the applicant's residence address and date and place of birth.
If the applicant is a partnership, the full names, residence addresses, dates and places of both or each partner.
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 the 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 owning or having any interest, legal or equitable, aggregating in value 10% or more of the total capital of the 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.
Whether the applicant or any partners, officers or stockholders thereof have ever been convicted of a crime and, if so, the name of the person convicted, the nature of the crime or charge involved and the disposition thereof (the term "officers" as used herein means and includes the president, vice president, secretary and treasurer of a corporate applicant).
The business addresses of the manager of the person in charge of the licensed premises during the five-year period preceding the date of application.
A description of the metes and bounds of the place where the business is to be located and carried on.
A survey or scale drawing of the plot showing the structures and open spaces/areas to be used in the business, together with all on-site parking facilities, approved, existing or proposed entrances and exits to and from the place where the business is to be conducted, the location and place of said business and location and size of all structures and fences thereon and the setback thereof from street lines.
A scale drawing of the interior of the premises showing all entrances and exits to and from the place where the business is to be conducted; together with all bathroom facilities and changing facilities; the location and placement of all anti-fire equipment, i.e., hoses, extinguishers, sprinkler systems, etc.; and the location of all fire exits.
A scale drawing showing the proposed plan of evacuation in the event of an emergency.
The applicant shall provide in the application a specific description of the nature and type of entertainment to be provided on the licensed premises. In the event of a substantial change in the format of the operation of the licensee's business or a change in the type of entertainment to be provided on the licensed premises, the licensee shall file an amended application with the Borough Clerk prior to instituting such change in the format of operation or the type of entertainment to be provided.
Upon receipt of such application or amended application, the Borough Clerk shall submit the same to the Dumont Police Department, Fire Department, Building Department, Zoning Officer, and the Board of Health, together with any other municipal, county and/or other state agencies, for reports with references to the compliance or noncompliance of the proposed establishment, with municipal, county and state rules, regulations, statutes and ordinances and the truth of the matter contained in the application or the amended application; in addition to the foregoing, the reports of the respective Departments shall include the following:
Dumont Police Department.
All current and proposed on-site parking.
The traffic conditions, including a traffic count which prevails in the neighborhood surrounding the premises sought to be licensed.
A statement of whether, in the opinion of the department, the granting of the application would tend to increase traffic congestion materially or constitute a hazard to the public safety.
Proposed crowd control plans.
Upon return of said application or amended application and reports, the Borough Clerk shall submit the same to the Mayor and Borough Council for their consent and approval.
The Mayor and Borough Council shall consent to and approve the issuance of such permits unless it reasonably finds that the applicant's character and business responsibility are not satisfactory; that a violation of municipal or state rules, regulations, statutes and ordinances exist; that untrue matters are contained in the application for such permit; that the issuance of such permit will tend to create a nuisance; or that the issuance of such permit will adversely affect the good government, order and protection of persons and property and the preservation of the public health, safety and welfare of the Borough of Dumont and its inhabitants. The Mayor and Borough Council shall determine that the applicant's character and business responsibility are satisfactory unless the application, the reports of the various departments or other evidence presented shall tangibly disclose any of the following:
Conviction for a crime involving moral turpitude.
Prior violations of statutes, ordinances or regulations relevant to the furnishing of entertainment.
Conviction for a crime or disorderly persons offense involving gambling.
Concrete evidence of bad character.
Grounds similar to those listed above which would reasonably cause the Mayor and Borough Council to determine that the character and business responsibility of the applicant or any partner, officer or stockholder thereof are not satisfactory.
Upon the consent and approval of the Mayor and Borough Council and upon receipt of a copy of a certificate of occupancy for the licensed premises, the Borough Clerk shall issue such license, subject, however, to such appropriate conditions and safeguards, if any, consistent with the intent and purpose of and reasonably necessary to accomplish the objectives of this chapter and the statutory authority for the same as may be imposed by the Mayor and Borough Council.
License fees shall be as follows:
The occupancy capacity for each licensee shall be the exact number on file for said premises in the Building Department of the Borough of Dumont.
Any such license shall run for a period of one year, commencing July 1 and ending June 30 of the next succeeding year of its issuance.
No license shall be granted unless the licensed premises shall have provisions for seating 10 or more persons.
No license shall be granted by the Mayor and Borough Council if:
The licensee has failed to comply with the provisions of this chapter.
The licensed premises or use thereof is prohibited by the terms and provisions of the Zoning Ordinances of the Borough of Dumont.
The individual applicant or any officer or manager of a corporate applicant or the principals and manager of a firm applicant or any of them have been convicted of an offense against the narcotics laws of the State of New Jersey or a crime involving moral turpitude.
The approval of the license will be detrimental to the public health, safety, welfare and morals.
The approval of the license will be substantially detrimental to the existing traffic and parking conditions in the Borough of Dumont.
All licenses hereafter issued may, upon payment of the prescribed license fee and compliance with the terms of this chapter, be renewed annually. Renewals of an expiring license shall be made upon payment of the annual fee and the filing of an application supplied by the Borough Clerk, stating that no changes have been made in any of the facts or information stated in the original application or to the licensed premises during the preceding license period.
The license shall authorize the licensee to conduct business only on the premises specified in the license. Without the consent of the Mayor and Borough Council, the license shall not be transferable to any other premises, nor assignable or transferable in any manner or to any other person.
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 Mayor and Borough Council 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 thereunder shall be closed to the public and business with the public therein shall be and is hereby prohibited after the hour of 1:00 a.m. and before the hour of 9:00 a.m. of any day.
The licensee shall not create or allow undue noise to emanate from the premises 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 thereunder 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 hazards 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. The authorities referred to in § 203-12A hereof shall be responsible for the enforcement of this chapter.
All licenses are subject to suspension or revocation after due notice and hearing by the Mayor and Borough Council for the violation of any of the terms of this chapter, for the violation by the licensee of state, county and municipal rules, regulations, statutes and/or ordinances or for allowing, suffering and/or permitting the violation of state, county and municipal rules, regulations, statutes and/or ordinances upon the licensed premises by the servants, agents, employees and/or patrons thereof where the licensee knew or should have known that such violations were being committed by the servants, agents, employees and/or patrons of the licensee.
If the Mayor and Borough Council shall determine that there are grounds upon which to suspend or revoke any such license, such grounds being the same grounds upon which the Mayor and Borough Council may refuse to consent to and approve the issuance of such license as set forth in § 203-15 above, it shall cause a notice to be served, in writing, upon the licensee or other person in charge of the premises for which such license has been issued, citing the licensee to appear before the Mayor and Borough Council at the time and place designated in the notice, to show cause why such license should not be suspended or revoked. Notice may be served upon the licensee by personal service or by registered or certified mail addressed to the licensee's last known address. The licensee shall be afforded a hearing before the Mayor and Borough Council prior to the suspension or revocation of such license. In addition to either a suspension or revocation of the license, the Mayor and Borough Council may impose such conditions and safeguards for the continuation of such license as it may deem necessary to provide for the public health, safety and welfare.
Any person, partnership or corporation who violates any provision of this chapter shall, upon conviction thereof, be punished by the imposition for each and every violation to a minimum fine of $100 up to a maximum fine of $1,000, or imprisonment for a term not exceeding 90 days, or by a period of community service not exceeding 90 days, or to such fine, imprisonment and/or imposition of period of community service.
Except as otherwise provided, each and every day in which a violation of any provision of this chapter exists shall constitute a separate violation.