[HISTORY: Adopted by the Township Council
of the Township of Evesham 1-19-1995 by Ord. No. 15-4-94. Amendments
noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 45.
Amusement devices — See Ch. 47.
Curfew and loitering — See Ch. 63.
Fire prevention — See Ch. 75.
Noise — See Ch. 105.
Nuisances — See Ch. 106.
[1]
Editor's Note: Former Ch. 114, Plumbing, adopted
9-7-1971 by Ord. No. 11-9-71, as amended, was repealed 2-15-1977 by
Ord. No. 2-2-77.
A.
PERSON
PUBLIC ENTERTAINMENT ESTABLISHMENT
PUBLIC OR QUASI-PUBLIC PLACE
As used in this chapter, the following terms shall
have the meanings indicated:
Any individual, firm, corporation, partnership or association.
Any building, store or other place wherein the public may
enter upon payment of a fee or other charge, to observe performances
or entertainment or to participate in dancing or skating activities.
[Amended 6-27-1995 by Ord. No. 30-6-95]
Any building, store or other place wherein the public is
invited or wherein the public may enter, including premises used as
a clubhouse or a club room by members of any organization.
A.
The purpose of this chapter is to license, regulate
and control public entertainment establishments which have the capacity
to accommodate at least 100 persons and which are operated for the
purpose of making a profit.
B.
The objective of this chapter is to regulate the business
of public entertainment so as to prevent nuisances to patrons and
the public, fire hazards from overcrowding, unsafe or dangerous conditions
within or upon the facilities, loitering or the creation of an unhealthy
atmosphere for the youth of the community or other foreseeable undesirable
effects of such public entertainment.
A.
All applications for a license under this chapter
shall be made and delivered to the office of the Township Clerk on
forms to be supplied for the purpose and shall be subscribed and sworn
to by the applicant.
B.
The application for the license shall contain the
following:
(1)
The name and address of the applicant. If the applicant
is other than a sole proprietorship, the names and addresses of all
shareholders, officers, directors, partners or other principals.
(2)
The name under which the public entertainment establishment
is being operated and the location of the same.
(3)
The number and type of alcoholic beverage licenses,
where applicable.
(4)
A description of the nature and frequency of the public
entertainment to be conducted upon the licensed premises.
(5)
Two copies of the floor plan, showing seating arrangement,
location and arrangement of means of egress, number of occupants and
location where public entertainment shall be conducted. The floor
plan shall be of at least a scale of 1/8 inch equals one foot.
(6)
A security plan to be observed in the operation of the licensed premises. The security plan must provide for at least one security guard per 50 patrons, provided that not more than one security guard shall be required for the first 100 patrons and the security plan must be acceptable to the Chief of Police. The Chief of Police shall have the authority to increase or decrease the required security based on the nature of the event which may pose a threat to the health, safety and welfare of the residents. Notwithstanding the provisions of this chapter, movie theaters shall have at least one security guard per screen. Appeal from the requirements of the security plan shall be made, in writing, to the Township Council within 10 days of any disapproval pursuant to § 114-7 hereunder.
(7)
Any other information which the Construction Code
Official, Police Chief or subcode officials may deem necessary and
proper for the protection of the interests of the patrons or the public,
based upon then existing laws, regulations, rules or other promulgated
legal standards.
No person shall permit, conduct, place, maintain
or operate, in any store, place of business, building or public or
quasi-public place wherein the public is invited or may enter, any
public entertainment establishment as defined in this chapter within
the limits of the Township of Evesham without first applying for and
obtaining a license therefor for such public entertainment establishment.
A.
The fee provisions only of this chapter shall not
apply to any school, church, fraternal or veterans' organization or
other religious group(s), charitable or nonprofit organization(s)
which conduct or maintain any public entertainment for the use of
their members and their guests on premises owned, leased, let or controlled
by such group(s) or organization(s). Said organizations shall not
be exempt from filing an application and obtaining the required license.
[Amended 6-27-1995 by Ord. No. 30-6-95]
B.
No license shall be issued to any person under 18
years of age.
The Chief of Police or his designee shall make
an investigation of the applicant to determine the truth of the facts
set forth in the application. The Construction Code Official, subcode
officials or their designees shall inspect the premises to determine
whether said premises complies with existing Uniform Construction
Code requirements. The Chief of Police and the Construction Code Official
shall, upon completion of their inspection, attach to said application
their reports in writing. Upon receipt of said application and the
required inspection reports recommending approval of a license, the
Township Clerk, if the application is approved, shall issue the necessary
license upon the receipt of the license fee or fees as herein provided.
A.
Disapproval.
(1)
If the Township Clerk disapproves the issuance of
the license, based upon the standards set forth in this chapter, the
Township Clerk shall forthwith notify the applicant, in writing, of
such disapproval and the reasons therefor and furnish the applicant
with a copy of the investigation reports by certified mail to his
permanent address or by handing it to him personally. No license shall
be issued to said applicant, provided that the applicant shall have
the right, within 10 days of the date of such notice, to file a request
for a hearing before the Township Council to request the Township
Council to reconsider the decision of the Township Clerk and/or to
waive or amend the security plan requirement. If the Township Council
approves the issuance of a license, the Township Clerk shall issue
a license in accordance with the requirements of this chapter immediately
upon the receipt of the requisite fee, if necessary.
(2)
If the investigation indicates that the applicant
has been convicted of any crime or if the application information
is false or misleading in a material respect, the Township Clerk may
disapprove the issuance of the license.
B.
Approval. Upon being satisfied that the application
satisfies the requirements of this chapter, the Township Clerk, immediately
upon receipt of the requisite fee, shall endorse his or her approval
on said application and shall issue the license in the form provided
for by the Township Clerk, which is approved by the Township Attorney,
and set forth in the Appendix of the Code of the Township of Evesham
and on file in the office of the Township Clerk and available for
public inspection during regular business hours.
C.
Term. The license issued pursuant to this chapter
shall be valid for a one-year period to expire December 31 of the
year in question. Any license or permit issued during a year shall
expire on December 31 of that year.
D.
Renewal. Applications for the renewal of licenses
or permits issued pursuant to this section shall be made within 30
days of the expiration thereof and in the manner provided herein.
For each public entertainment establishment
covered by this chapter, the license fee shall be $100 per year.
No license may be transferred for a public entertainment
establishment.
A.
With the exception of theaters, public entertainment
establishments shall be so arranged as to permit a clear view of the
interior of the room or rooms utilized for public entertainment upon
entering the main entrance.
B.
No operation shall be permitted at a public entertainment
establishment before 12:00 noon or after 12:00 midnight, except upon
prior written approval of the Township Manager. Any show or performance
which commences at a theater prior to 11:00 p.m. shall be permitted
to continue beyond 12:00 midnight.
C.
No person shall permit any person convicted of a crime
to be associated in the management or operation of the public entertainment
establishment conducted upon the licensed premises.
All licenses issued under this chapter shall
be deemed to be granted upon the express condition that, in addition
to any other sanction or penalty, the Township Council may, after
due notice by personal service or certified mail and after due hearing,
suspend or revoke the license of any person for violating any provision
of this chapter or for other good cause, including:
A.
False or incorrect material on the application or
information furnished by the applicant.
B.
Failure to maintain good and safe conduct on the premises.
C.
Violation of the laws of the State of New Jersey or
violation of this or other ordinances of the Township of Evesham.
D.
Obscene and loud language or obscene behavior disturbing
to the public or to the other patrons of the premises, fighting or
other behavior disturbing to the public or other patrons of the premises,
creating a nuisance or generating litter.
An operator's license granted pursuant to this
chapter shall:
Any person who violates any provision of this
chapter shall, upon conviction thereof, be punished by a fine not
exceeding $1,000 or by imprisonment for a term not exceeding 90 days,
or both. Each day that a violation occurs or is committed shall constitute
a separate offense.