[Adopted 11-19-1962 as Ch. 4 of the 1962 Code (Ch. 74,
Part 1, Art. III, of the 1987 Code)]
No person shall engage in the business of exhibiting
in the Township for any price, gain or reward any moving picture or
photographic representation of any kind whatever without having first
obtained a license for that purpose from the Township Council; provided,
however, that this section shall not apply to any performance given
by or under the auspices of any public or private school, any church
or Sunday school or any charitable or social organization or society
of the Township.
A.
Every license or permit granted pursuant to this article
may be suspended or revoked by the Township Council on satisfactory
cause appearing for so doing. During such suspension or after such
license or permit shall be revoked, such license or permit shall be
inoperative and of no effect.
B.
The Council may, for apparent good cause, restore
the license or permit to any person whose license or permit may have
been revoked.
[Amended 2-7-1966]
A.
The annual license fee to exhibit motion pictures
or photographic representations shall be $500.
[Amended 11-15-1976; 10-1-1991]
B.
Each license shall expire and be void on and after
December 31 following its issuance.
C.
Where an application for a license is made after July
1 in any year, the license fee shall be 1/2 of the annual fee.
No license shall be granted to any person to
exhibit or display moving pictures, as herein defined, in any building
which shall not be constructed in accordance with the provisions of
the Building Code of the Township[1] and Chapter 239, Fire Prevention and Protection. Such buildings shall, in all other respects, comply with this Code and all other ordinances and regulations of the Township.
[Amended 11-2-1987]
A.
No person shall engage in the business of exhibiting
for any price, gain or reward any theatrical, operatic or live entertainment
or concerts in the Township unless such person shall first obtain
a license therefor from the Township Council.
A.
Any person desiring a license as provided in the preceding
section shall first file an application therefor, in writing, with
the Township Council, specifying the name of such person desiring
the license, the location of the building wherein the theatrical performance
or live entertainment is to be given or exhibited, the number of performances
to be given and the period of time for which the license is sought.
[Amended 11-2-1987]
A.
The Township Council shall issue a license as required by § 128-17 if the building or place for which a license is sought complies with the law and ordinances and is a suitable and fit place for the congregation of people and for public assemblage. Such building or place shall be certified by the Building Inspector, the Fire Chief and the Electrical Subcode Official, whose certification shall be endorsed on the application before the same shall be considered for approval by the Township Council.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[Amended 11-2-1987]
A.
The license fee for each theater or building exhibiting
any theatrical or operatic performance or live entertainment, where
the license is sought for a period of less than one year, shall be
as follows:
B.
The license fee for each theater or building exhibiting
any theatrical or operatic performance or live entertainment, where
the license is sought on an annual basis, shall be as follows:
A.
In all places within the Township wherein theatrical
exhibitions or exhibitions of moving pictures are given and shown
and an admission fee charged therefor, the aisles and passageways
in such place shall be kept free and clear of all obstructions, and
no person shall stand or remain in such aisles or passageways while
such place is open to the public. It shall be the duty of the proprietor
or lessee of every such place to keep the aisles and passageways therein
free and clear from all obstructions and to prevent persons from standing
and remaining therein while and so long as such place is open to the
public.
B.
It shall be the duty of the police force to aid in
the enforcement of the provisions of the preceding subsection, and
the officers of the police force shall have the power, at any time
while any such place is open to the public, to prevent persons from
standing or remaining in the aisles or passageways of such place and
to remove persons therefrom and to require all obstructions to be
removed therefrom.
Every exit from all theaters shall have, over
or alongside the same, on the inside, the word "exit" in legible letters
not less than eight inches high. Over each exit shall be placed a
red light which shall be kept burning while such place is open to
the public. No fixed red light shall be permitted within such place
except to indicate an exit to be used in case of fire or other calamity.
[Added 11-16-1970]
The provisions of this section shall apply to any license or permit issued pursuant to § 128-15 to exhibit motion pictures, and such license or permit shall be subject to the terms and conditions hereinafter set forth in this section, and every applicant for such license or permit, in accepting the license or permit, agrees to abide by and comply with the following terms and conditions:
A.
The licensee shall be responsible for any disorder.
B.
Any member of the Police Department. Fire Department,
Community Development Department and Department of Health and Human
Services, Division of Health, may enter the licensed premises at any
time to inspect the same and enforce any applicable law or ordinance.
C.
Any motion picture to be exhibited shall comply with
the ratings or schedules adopted by the motion-picture industry as
to the type of picture, recommended viewing public and setting forth
of age groups for viewing such motion pictures.
D.
Where the age of the person applying for admission
is not visibly apparent as being above any restricted age, such person
shall supply proof of age and certify, in writing, as to their age,
which certification shall be dated and retained by the licensee for
a period of 30 days and, during that time, shall be subject to inspection
by the Police Department of the Township.
E.
No motion picture shall be exhibited unless it is
clearly indicated in the advertisement thereof the type of picture
to be shown as established by the ratings or schedules of the motion-picture
industry for the age group for which it is recommended.
F.
No motion picture shall be exhibited without posting
prominently in front of the theater the classification of the type
of film to be exhibited as established by the ratings and schedules
of the motion-picture industry for the age group for which it is recommended.
G.
No preview of any film shall be shown, or any scene
from such a film, which is restricted to mature audiences on the same
program with a film recommended to a family audience as classified
by the ratings and schedules of the motion-picture industry.
H.
It shall be unlawful for any person:
(1)
To give their age falsely as 18 years of age or over
for the purpose of gaining admittance to an exhibition of a film restricted
to a young person of such age, as classified by the ratings and schedules
of the motion-picture industry.
(2)
To enter or remain in the viewing room of any theater
where a film is being exhibited which is restricted to a young person
of such age.
(3)
To sell, procure for or give any person a ticket to
an exhibition of a film restricted to such person.
(4)
To make any false statements for the purpose of enabling
any young person to gain admittance to exhibition of a film when such
film is restricted to a young person of such age.
I.
Nothing in this section shall be construed to regulate
public exhibitions preempted by the state law.