As used in this chapter, the following terms
shall have the meanings indicated:
DANCING
Applies to exhibitions or performances in which the persons
gaining admission do not participate.
DISCOTHEQUE/DANCE HALL
Any business establishment or room, place or space thereof
where the primary use of the premises is dancing and where recorded,
taped or live music is supplied by the management expressly for such
purposes, excluding dancing schools, any restaurant, tavern or similar
establishment in which dancing may be merely incidental to other operations
in which the public is invited and admission may be had either with
or without payment of a fee or charge or the purchase, possession
or presentation of a ticket, token, membership card or other thing.
LICENSED PREMISES
The discotheque/dance hall, together with the entire premises
on which such is located and, except where inconsistent with the context,
parking facilities used in connection therewith and the sidewalks
abutting any of the foregoing.
PERSON
An individual, partnership, corporation, joint venture, club,
association, society or any other organized group of individuals,
including the officers, directors, stockholders and trustees of a
club, corporation, association or society.
The original application shall be kept on file
at all times in the office of the licensing officer.
Any licensee or applicant aggrieved by the suspension, revocation or refusal of a license shall have the right, within 10 days after the receipt of written notice of the decision, to appeal such order or decision to the Mayor in accordance with the provisions of §
170-32 of the Code of the City of East Orange.
No person shall operate a dance hall/discotheque
until the premises shall first have been duly licensed for such purpose;
provided, however, that no license shall be required for dances or
discotheques held in public or private schools when held under the
supervision of the Board of Education of the City or any nonprofit
organization or public charity approved first in writing by the licensing
officer.
No license shall be renewed until approved by the licensing officer upon completion and review of updated investigative reports such as those required for an original application in accordance with §
128-2A, review and investigation of previous years' operations and payment of the annual licensing fee in accordance with §
128-2C.
No license issued by the City shall be transferable as to persons or locations unless otherwise expressly permitted by the provisions governing such licenses. (See §
170-22.)
Any persons operating a dance hall/discotheque must comply with all provisions of this chapter and the provisions regarding general standards of conduct for licenses as set forth in §
170-5 of the Code of the City of East Orange.
Every person licensed under this chapter shall
observe the following restrictions:
A. Hours of operation. The licensee shall not permit,
suffer or allow the licensed premises to remain open for business
or use by patrons between the hours of 2:00 a.m. and 5:00 a.m.
B. Persons excluded. The licensee shall not permit, suffer
or allow any person who is less than the minimum drinking age, as
defined by the laws of the State of New Jersey, or any intoxicated
or disorderly person to be admitted to the licensed premises or to
remain therein.
C. Good order. The licensee shall maintain good order
throughout the entire licensed premises, including any off-street
parking facilities, and shall not permit loitering in or about the
entrances, exits, sidewalks or other portion of the licensed premises.
D. Employees and attendants. At all times during business
hours, the licensee shall provide an adequate number of qualified
security officers continuously on duty, who shall patrol the licensed
premises and its entrances, exits, sidewalks and other portions of
the licensed premises to maintain order, to prevent disorderly or
immoral conduct, to assure that the licensed premises and its entrances
and exits are kept free from congestion and loitering and that the
provisions of this chapter and all other applicable ordinances, regulations
and laws are complied with.
E. Parking. It shall be the responsibility of the licensee
to provide sufficient off-street parking for patrons and employees
in the following fashion: a minimum of one off-street parking space
for every two persons of rated capacity, plus one off-street parking
space for each employee.
Any person who violates any provisions of this
chapter shall, upon conviction thereof, be punished by a fine not
less than $100 nor exceeding $2,000, imprisonment for a term not exceeding
90 days and/or 90 days of community service. A separate offense shall
be deemed committed on each day during or on which a violation occurs
or continues.
The City Council may, by resolution, waive the
application of any provision of this chapter to a particular licensee
upon the written recommendation of the Director of Property Maintenance.
Said recommendation shall be premised upon a showing that the literal
application of the provision in question is not necessary to protect
the public health and safety and otherwise results in an unreasonable
hardship to the applicant.