As used in this chapter, the following terms
shall have the meanings indicated:
BUSINESS
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.
ESTABLISHMENT
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.
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.
PERSON
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:
A. Any religious group or society.
B. Any political group or society.
C. Any fraternal group or society.
D. Any veterans' group or society.
E. Public schools or public buildings when held under
the supervision of either the Board of Education or the Mayor and
Council.
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 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.
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:
A. The licensee has failed to comply with the provisions
of this chapter.
B. The licensed premises or use thereof is prohibited
by the terms and provisions of the Zoning Ordinances of the Borough
of Dumont.
C. 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.
D. The approval of the license will be detrimental to
the public health, safety, welfare and morals.
E. 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.
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.