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Township of Livingston, NJ
Essex County
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Table of Contents
Table of Contents
Code
New Laws (5) Index
[HISTORY: Adopted by the Township Council of the Township of Livingston as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Business regulations — See Ch. 95.
[Adopted 11-5-1979 as §§ 5-1 to 5-16 of the 1979 Revised General Ordinances]
No person shall engage in the business of operating, conducting or maintaining a drive-in movie theater without first obtaining a license therefor.
A. 
Application for a license under this article shall be made to the Township Clerk on forms to be supplied by the Clerk.
B. 
The Township Clerk is authorized to issue such license upon payment by the applicant of the license fee hereinafter provided for and upon receipt of the certifications required by § 192-3.
No license under this article shall be issued until the Department of Planning and Building and the Department of Public Safety shall certify to the Township Clerk that the premises in which the proposed licensed business is to be conducted is in a safe and proper condition with respect to fire hazards, means of exit and all other facilities for safely conducting said business.
A. 
The fee for a license hereunder shall be:
(1) 
Drive-in theater with a capacity of less than 500 cars: $700.
(2) 
Drive-in theater with a capacity of 500 to 1,000 cars: $1,000.
B. 
All licenses shall be good only for the calendar year in which issued.
All places licensed under this article shall be subject to inspections from time to time by the municipal units set forth in § 192-3 above or other authorized officers and agents of the Township.
The licensee shall have the license posted in a conspicuous place on the premises and shall exhibit same to any Township official when requested to do so.
A. 
Drive-in movie theaters shall be located only in the industrial zone, as delineated in Chapter 170, Land Use, of the Code of the Township of Livingston.
B. 
There shall be provided the following minimum land areas for the following sizes of theaters:
(1) 
For a theater designed to accommodate 500 cars or less: an area not less than seven acres.
(2) 
For a theater designed to accommodate between 500 and 1,000 cars: an area not less than 14 acres.
A. 
There shall be provided 10 feet of entrance driveway for each ticket booth to be built at the theater. In the event the ticket windows are constructed within 250 feet of the nearest curb or side line of any main highway there shall also be provided sufficient on-the-premises entrance car storage areas to prevent a backing up or stopping of traffic on the main established highway from which said entrance driveways enter the theater property.
B. 
There shall be no more than two windows in any booth.
C. 
No less than one ticket window shall be provided for each 250 cars of the designed car capacity of the theater.
A. 
If exit driveways discharge cars, such exit driveways shall be arranged or constructed so as to accommodate not more than two lanes of cars and shall be located sufficiently close to entrance driveways so that one police officer can control both entering and departing traffic.
B. 
If an exit driveway is arranged or constructed to discharge cars upon the same highway used by entering cars, then such exit driveways shall be arranged or constructed so as to accommodate not more than two lanes of cars and shall be located sufficiently close to entrance driveways so that one police officer can control both entering and departing traffic.
C. 
If an exit driveway is arranged or constructed to discharge cars upon a secondary or intersecting highway connecting with the main highway, a police officer shall be provided by the theater management to control traffic at such intersection into the main highway.
The screen tower or structure shall be so erected that the screen shall not face any main artery of travel and shall be constructed of such materials and workmanship and of such design as will, in the judgment of the Construction Official or such other competent person selected by the Council to pass upon the same, reasonably insure the stability of said tower against high winds or other extreme pressures.
All electric wiring, underground and otherwise, and all electrical equipment used in the construction, maintenance and operation of said theater shall conform to the standards applicable to such use and to the requirements of the National Underwriters Association and all electrical work, materials and equipment shall be certified by the National Board of Fire Underwriters.
A. 
The licensee shall provide ushers or attendants, sufficient in number in the judgment of the Chief of Police, to facilitate:
(1) 
Entrance and exit of cars;
(2) 
Ramping of cars;
(3) 
Filling and discharging of car ramps:
(4) 
Handling of stalled cars; and
(5) 
Prevention of panic in the event of accident, fire, or other emergent occurrences.
B. 
Such ushers or attendants may, at the direction of the Manager, be deputized as special officers of the Township, exercising such police powers as are exercised by the regular members of the Police Department of the Township and as are applicable to their duties as theater ushers and attendants and while occupied as such on the theater premises.
C. 
The theater owner or operator shall also provide, at his sole cost and expense, such special officers as are necessary to control traffic at the entrance and exit to the theater property.
A. 
In the operation of said theater the operator shall take such measures and shall provide and enforce such rules and regulations as are necessary to insure against unnecessary noise.
B. 
The blowing of car horns or other noise devices shall be prohibited on the premises and warnings to that effect shall be prominently displayed on the premises and at reasonable intervals on the screen.
C. 
Individual loud speakers for each car shall be provided, but low-volume speakers may supply sound to refreshment stands and other service areas. There shall be no central loudspeakers.
D. 
The theater management shall not permit or tolerate any violation of this section.
A. 
Disorderly conduct. The theater operator shall provide rules and regulations for insure against all forms of disorderly conduct on the part of patrons. All disorderly patrons shall be removed promptly from the premises.
B. 
Dust. All areas used by vehicles shall be provided with a dust-free surface.
C. 
Lighting. Drives and aisles shall be adequately lighted whenever open to the public. Floodlights, if used, shall not produce glare toward nearby residential lots.
D. 
Fire-fighting equipment. Sufficient fire prevention equipment shall be provided at all times during performances at the theater as is necessary to control and extinguish car or other fires occurring upon the theater premises.
A. 
The license may be suspended by the Manager whenever in his judgment it may be necessary for the furtherance of decency and good order to do so.
B. 
The license may be revoked by the Council, after hearing, for satisfactory cause.
C. 
During suspension or after revocation, the license shall be inoperative and of no effect.
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.
[Adopted 11-5-1979 as §§ 5-17 to 5-27 of the 1979 Revised General Ordinances]
A. 
No person shall engage in the business of operating, conducting or maintaining a motion-picture theater without first obtaining a license therefor.
B. 
No license shall be required for the showing of motion pictures in schools or churches.
C. 
The Council may, with the approval of the Construction Official and the Chief of the Fire Department, issue permission without fee to fraternal, religious, civic, social or professional organizations for the exhibition of motion pictures for special occasions.
A. 
Application for a license under this article shall be made to the Township Clerk on forms to be supplied by the Clerk.
B. 
The Township Clerk is authorized to issue such license upon payment by the applicant of the license fee hereinafter provided for and upon receipt of the certifications required by § 192-20.
No license under this article shall be issued until the Department of Planning and Building and the Department of Public Safety shall certify to the Township Clerk that the premises in which the proposed licensed business is to be conducted is in a safe and proper condition with respect to fire hazards, means of exit and all other facilities for safely conducting said business.
A. 
The fee for a license under this article shall be $200.
B. 
All licenses shall be good only for the calendar year in which issued.
All places licensed under this article shall be subject to inspections from time to time by the municipal units set forth in § 192-19 above or other authorized officers and agents of the Township.
The licensee shall have the license posted in a conspicuous place on the premises and shall exhibit same to any Township official when requested to do so.
A. 
No machine, or apparatus for exhibiting motion pictures shall be used or set up for use in any building or place of public assemblage until the plans and specifications therefor have been submitted to and approved by the State Commissioner of Labor, the Construction Official and the Chief of the Fire Department.
B. 
No plans and specifications shall be approved which do not conform to the minimum requirements set forth in N.J.S.A. 5:3-10 et seq.
No person shall:
A. 
Smoke any cigar, cigarette or pipe in any motion-picture theater.
B. 
Stand or remain in any aisle or passageway in any motion-picture theater while the theater is open to the public. It shall also be the duty of the proprietor or lessee of the theater to prevent such persons from standing or remaining in any aisle or passageway.
C. 
Place any obstruction in any aisle or passageway in any motion-picture theater while the theater is open to the public. It shall also be the duty of the proprietor or lessee to keep the aisles and passageways free and clear of all obstructions.
D. 
While intoxicated or disorderly, be admitted to any motion-picture theater or be permitted to remain therein.
No licensee shall exhibit motion pictures or permit patrons to enter any motion-picture theater on Sunday between the hours of 2:00 a.m. and 1:00 p.m.
A. 
The license may be suspended by the Manager whenever in his judgment it may be necessary for the furtherance of decency and good order to do so.
B. 
The license may be revoked by the Council, after hearing, for satisfactory cause.
C. 
During suspension or after revocation, the license shall be inoperative and of no effect.
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.