Township of Evesham, NJ Public Entertainment

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]

PUBLIC OR QUASI-PUBLIC PLACE

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.

All of the definitions contained in the Evesham Township Land Use Legislation[1] or any other Evesham Township ordinance(s) are incorporated herein as if set forth in their entirety.

[1]

Editor's Note: See all land use legislation in Volume II.

§ 114-2 Purpose; objective.

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.

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.

§ 114-3 Application for license.

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.

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.

§ 114-4 License required.

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.

§ 114-5 Exceptions to provisions.

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]

No license shall be issued to any person under 18 years of age.

§ 114-6 Investigation and issuance.

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.

§ 114-7 Disapproval; approval; term; renewal.

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.

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.

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.

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.

§ 114-8 Fees.

For each public entertainment establishment covered by this chapter, the license fee shall be $100 per year.

§ 114-9 Nontransferability.

No license may be transferred for a public entertainment establishment.

§ 114-10 General regulations.

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.

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.

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.

No minor under the age of 18 years, unaccompanied by a parent, shall be permitted to remain outside the building on the licensed premises after 10:00 p.m.[1]

[1]

Editor's Note: See Ch. 63, Curfew and Loitering.

§ 114-11 Suspension or revocation of license.

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:

False or incorrect material on the application or information furnished by the applicant.

Failure to maintain good and safe conduct on the premises.

Violation of the laws of the State of New Jersey or violation of this or other ordinances of the Township of Evesham.

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.

§ 114-12 Posting and display of license.

An operator's license granted pursuant to this chapter shall:

Be posted in a conspicuous place at the location for which said license is granted.

State the name and address of the licensee.

§ 114-13 Violations and penalties.

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.