[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.
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.
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.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
The application shall set forth the following information:
(1)
The applicant's name, business name and business address.
(2)
Whether 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 and date and place of birth.
(4)
If the applicant is a partnership, the full names,
residence addresses, dates and places of both or 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 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.
(6)
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).
(7)
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.
(8)
A description of the metes and bounds of the place
where the business is to be located and carried on.
(9)
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.
(10)
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.
(11)
A scale drawing showing the proposed plan of
evacuation in the event of an emergency.
(12)
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.
A.
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:
(1)
Dumont Police Department.
(a)
All current and proposed on-site parking.
(b)
The traffic conditions, including a traffic
count which prevails in the neighborhood surrounding the premises
sought to be licensed.
(c)
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.
(d)
Proposed crowd control plans.
B.
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.
C.
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:
(1)
Conviction for a crime involving moral turpitude.
(2)
Prior violations of statutes, ordinances or regulations
relevant to the furnishing of entertainment.
(3)
Conviction for a crime or disorderly persons offense
involving gambling.
(4)
Concrete evidence of bad character.
(5)
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.
D.
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.
A.
License fees shall be as follows:
|
Occupancy Capacity
|
Fee
| |
|---|---|---|
|
Up to 100
|
$100
| |
|
101 to 150
|
$150
| |
|
151 to 200
|
$175
| |
|
Over 200
|
$200
|
B.
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.
C.
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:
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.
A.
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.
B.
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.
