[HISTORY: Adopted by the City Council of the City of Rahway 7-9-1984 by Ord. No. A-12-84 as Ch. 72 of the 1984 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 129.
Coin-operated amusement devices; picture arcades — See Ch. 133.
Closing hours of businesses — See Ch. 163, Art. II.
As used in this article, the following terms shall have the meanings indicated:
PUBLIC EXHIBITION
Includes any transient show or exhibition conducted out of doors or in a temporary structure composed wholly or partly of canvas or other material, as a place of amusement or recreation, or for any other similar public assemblage, excepting circuses conducted by or on behalf of not-for-profit organizations for charitable purposes, including, but not by way of limitation, carnivals, bazaars, traveling shows of any kind, and exhibitions of a like nature. Shows or exhibitions conducted in a licensed theater under the provisions of Article II of this chapter and circuses conducted by or on behalf of not-for-profit organizations for charitable purposes shall not be deemed to be "public exhibitions" within the meaning of this article.
[Amended 8-10-1992 by Ord. No. A-21-92]
Any person who violates any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
As used in this article, the following terms shall have the meanings indicated:
ADULT AMUSEMENT CENTER
An enclosed building or a part of an enclosed building, no portion which is licensed to sell liquor, which contains one or more coin-operated mechanisms which when activated permit a customer to view a live person unclothed or in such attire as to expose any portion of the female breast below the top of the nipple, or any portion of the pubic hair, anus, or genitals, or the charging of a fee for the viewing of any such activity.
[Added 8-23-1993 by Ord. No. A-44-93]
ADULT-ONLY BOOKS/VIDEO STORES
An establishment having as a substantial or significant portion of its stock in trade, books, magazines, films, or videos for sale or viewing on the premises which are distinguished or characterized by their emphasis on matters depicting, describing, or relating to nudity, sexual conduct, or sexual excitement, or a section devoted to the sale or display of such material for sale to patrons therein.
[Added 8-23-1993 by Ord. No. A-44-93]
AMUSEMENT
Includes any form of dancing pastime, recreation or pleasure.
BUILDING PREMISES
Any building or portion thereof, auditorium or public hall or any other place wherein any performance or amusement, as herein defined, occurs.
NUDITY
The showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a sexually aroused state.
[Added 8-23-1993 by Ord. No. A-44-93]
PERFORMANCE
Includes any show, motion picture, play, opera, concert, public reading, recitation, dancing exhibition or other exhibition or performance, or any other form of entertainment to which the public is invited, whether or not an admission charge is required.
[Amended 8-10-1992 by Ord. No. A-21-92]
No person shall hold, exhibit or conduct any theatrical performance in any building premises within the city or hold a circus unless a license has first been obtained from the City Clerk to hold, exhibit or conduct theatrical performances. A separate license shall be required for each building, auditorium, public hall or circus to be conducted.
A. 
The applicant or applicants for a license shall file with the City Clerk a written application signed by all persons having an interest in the establishment for which a license is sought, which application shall also set forth the following:
(1) 
The name, address, social security number, age and date of birth of each person having an interest in said establishment and the name, address, social security number, age and date of birth of each stockholder of a corporate applicant and, if the applicant is a corporation, the state of corporation, and whether any of the foregoing persons were convicted of a crime and, if so, the details thereof.
[Amended 8-8-1994 by Ord. No. A-29-94]
(2) 
Full description and location of the building in which the performance or amusement is to take place, together with the size of the place where the performance or amusement is to take place, the maximum number of persons to be admitted thereto at the same time and any other information which the Municipal Council, by resolution, may require for the welfare of the city.
(3) 
Number of seats available for public use.
(4) 
Plans and specifications of building premises if not an existing structure.
(5) 
If building premises is an existing structure, a certificate of occupancy for such use issued by the Building Inspector and a certificate of approval by the Chief of the Fire Department shall be attached to the application.
(6) 
An agreement to abide by all of the requirements of this article and of any amendments thereof and supplements thereto, and that the building premises for which a license is sought shall, in all respects, be maintained in compliance with the laws of the state and all other ordinances of the city respecting such buildings.
(7) 
All applications must be accompanied by approved fingerprint checks from the Rahway Police Department of all parties who shall hold an interest in said establishment.
[Added 8-8-1994 by Ord. No. A-29-94]
B. 
No application shall be issued if the contemplated activity shall violate any law or ordinance, including but not limited to the number of persons permitted by the city's Building Code to occupy the premises for which a license is sought.
C. 
[Added 8-10-1992 by Ord. No. A-21-92] In addition to the above requirements for applications for theatrical performances, the application for a permit to hold a circus within the City of Rahway shall also include:
(1) 
The name and address of the Board of Directors, and presiding officer of the not-for-profit or charitable organization sponsoring or holding said circus;
(2) 
A full and complete site plan of the property to be used for said circus performance, which shall indicate provisions for parking, ingress, egress, lighting, seating, and bathroom facilities;
(3) 
A report from the Department of Public Safety and Building Department containing the opinions of those departments on the effect of the plans submitted on public safety and health;
(4) 
The schedule for all performances.
D. 
No application shall be approved if the property where the proposed activity is for the purposes of exhibiting nudity for entertainment or amusement purposes, establishing an adult entertainment center, or establishing an adult-only books/video store, and is located within 1,000 feet of any such adult entertainment or amusement use or within 1,000 feet of any residential zone, church, designated public park, playground, and/or recreation facility, public institution or other public place and/or public school, and/or school bus stop. Such activity shall only be permitted in the I-1 Industrial Zone.
[Added 8-23-1993 by Ord. No. A-44-93]
E. 
Amortization of nonconforming uses. As to those establishments which are operating as of the date of passage of this subsection, they shall become unlawful two years following the passage of this subsection.
[Added 8-23-1993 by Ord. No. A-44-93]
A. 
The annual fee for a license under this article, payable before its issuance, shall be $100, no matter when issued during the year, and no further license fee shall be charged or collected for any performance or amusement occurring in the licensed premises during the continuance of license; provided, however, that the annual license fee for a motion-picture theater shall be $25. Such fee shall not be refunded for any cause whatsoever, except if the application is denied, 50% of the fee shall be refunded.
B. 
The term of the license shall be for one year, commencing January 1 and ending December 31 of the year of its issuance.
Each license issued pursuant to this article shall be subject to the following conditions, and each applicant for a license, in accepting the license, agrees to abide by and comply with the following:
A. 
The licensed premises shall be kept neat and clean at all times.
B. 
The licensee shall not permit any disorder or loud noises.
C. 
Any police officer, the Chief of the Fire Department, the Building Inspector or their designees or any authorized representative of the Division of Health may enter the licensed premises at any time for the purpose of inspection and to enforce obedience of the laws of this state and the ordinances of the city.
D. 
The licensee shall provide adequate sanitary facilities and separate toilet accommodations, male and female. Each such accommodation shall also contain a sink providing hot and cold water, and the premises shall comply with all regulations and ordinances of the city applicable thereto.
E. 
Except for a motion-picture theater, all patrons under the age of 19 years shall not be permitted by the licensee to remain on any building premises after 9:30 p.m. from Mondays through Thursdays, both inclusive, and after 11:00 p.m. on other days of each week.
F. 
No person under the age of 16 years shall be admitted to any place where dancing is permitted or carried on, whether or not any fee or charge is required for admission.
G. 
Consumption of alcoholic beverages on premises.
[Added 7-12-1993 by Ord. No. A-37-93]
(1) 
In accordance with N.J.S.A. 2A:170-25.22, no person owning or operating any theater, place of public exhibition, indoor performance, amusement or conducting any activity covered by the terms of § 137-1 et seq. of the Code of the City of Rahway where food or liquid refreshments are sold and who does not possess a valid license authorizing the sale of alcoholic beverages for on-premises consumption of alcoholic beverages on such premises.
(2) 
Any person violating the provision of this subsection shall be subject to a fine of not less than $100, nor more than $1,000, or imprisonment for a term not to exceed 90 days. The Municipal Court may, by its judgment, bar any owner or operator violating this subsection from permitting or allowing consumption of alcoholic beverages in his premises in accordance with N.J.S.A. 2A:170-25.23 et seq.
H. 
Adult entertainment.
[Added 10-12-1993 by Ord. No. A-54-93]
(1) 
No person owning or operating any establishment where the proposed activity consists of exhibiting nudity for entertainment or amusement purposes, adult entertainment center, or adult-only books/video store shall permit the on-premises consumption of alcoholic beverages.
(2) 
For the purpose of this subsection, the terms "nudity," "adult-only books/video stores" and "adult amusement center" shall be defined in accordance with Chapter 137, Article II, § 137-4 of the Code of the City of Rahway.
A. 
The license granted under this article may be suspended or revoked by the Council, following a hearing and notice thereof to the licensee, for violation of the provisions of this article or where the operation of the licensed premises is otherwise detrimental to the preservation of the public health, safety, welfare, public peace and order of the inhabitants of the city.
B. 
The date for the hearing described in Subsection A of this section shall be fixed by the Clerk upon the request of any member of the Council. The Clerk shall cause a notice of said hearing to be served upon the licensee at least five days prior to said hearing.
C. 
If any licensee is twice convicted within a period of two years of any violation of this article as provided for in § 137-10, the license issued for the licensed premises shall automatically be revoked from the date of the second conviction, and the Judge of the Municipal Court shall forthwith file a notice of each conviction in the office of the City Clerk.
Any person who violates any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
Nothing in this article shall apply to any performance or amusement held or carried on for religious, charitable, school, fraternal or veterans' organizations or other private non-profit-making clubs or associations which operate or maintain any place of performance or amusement for the use of their own members; nor shall same apply to any performance conducted or amusement permitted not for profit in any place, nor to golf courses, pool and billiard rooms, bowling alleys, taverns, restaurants, banquets and wedding affairs.
[Added 8-10-1992 by Ord. No. A-21-92]
Notwithstanding any provisions of this chapter, no permit shall be issued for a circus hereunder without the approval of the Municipal Council of the City of Rahway following the submission to the Municipal Council of an application certified to be complete by the City Clerk.