[Adopted 4-27-1954 by Ord. No. 54-11]
[Amended 9-11-1979 by Ord. No. 79-19]
It shall be unlawful to maintain, operate or conduct in the
Borough of Kenilworth any bowling alley, stadium, carnival, circus,
motion-picture theater, swimming pool or skating rink, without first
presenting an application and receiving a license to operate the respective
business or place of amusement and paying the hereinafter-prescribed
fee for such license.
A.
Each application for any license issuable under this article shall
be made to the Borough Clerk in writing and shall set forth the following:
[Amended 9-11-1979 by Ord. No. 79-19]
(1)
The location.
(2)
The type of business or amusement sought to be licensed.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(3)
The name, residence, age and occupation of the applicant.
(4)
The name of the owner of the place sought to be licensed.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(5)
Whether the applicant has ever been convicted of a crime.
B.
All applications shall set forth any other data which by the rules
or regulations of the License Committee shall be considered pertinent.
C.
All applications shall be submitted to the Chief of Police for his
inspection and shall contain thereon a notation by the Chief of Police
setting forth his approval or his disapproval of the application.
The License Committee may require also that where it considers appropriate,
an application shall also be submitted to the Health Officer and to
the Chief of the Fire Department, who shall indicate upon said application
their approval or disapproval thereof, and may require that when the
applicant is not the owner of the premises sought to be licensed,
consent of the owner shall be endorsed on the application.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D.
The Chief of Police, Health Officer and Chief of the Fire Department
shall respectively satisfy themselves as to the moral and public safety
hazards, the sanitary requirements and conditions and the fire hazards
involved and shall note upon such application their approval or disapproval
within three days after the same has been presented to them.
E.
All such applications shall be accompanied by the appropriate license
fee hereinafter named, and the Borough Clerk shall issue the respective
licenses.
A.
The annual fees payable for licenses issued under this article shall be as provided in Chapter 91, Fees and Licenses.
[Amended 9-11-1979 by Ord. No. 79-19]
B.
Except as to a carnival or circus or picnic, the fee for any license
issued after August 1 in any year shall be at the rate of 1/2 of the
annual fee hereinabove specified.
Each license shall entitle the licensee to conduct the licensed
business or game only at the place designated in the license and shall
not be transferable either as to person or place. Each such license
shall expire on the 31st day of December of the year in which it was
issued, and in the case of a license for a carnival or for a circus,
the license shall be effective only for the specific period set forth
in said license. Each license shall be kept in a position in the licensed
premises where it is readily observable and is prominently displayed.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
No game or amusement licensed under this article shall be used
for the purposes of gambling or for violating any of the ordinances
of the Borough of Kenilworth or any of the statutes of the State of
New Jersey.
Any license issued under this article may be suspended or revoked
by the Borough Council of the Borough of Kenilworth for violation
of any of the terms of this article or for other good cause. Upon
any proceeding for suspension or revocation, written notice of the
charges shall be served upon the licensee within not less than five
days of the time set for hearing thereon, such notice to be either
in person or by registered mail addressed to the licensed place of
business, and said hearing may be adjourned from time to time. In
case any license is suspended or revoked, the licensee shall not be
entitled to the return of any part of the license fee.
The Borough Clerk may direct that all places licensed under
this article shall be subject to inspection by the Police Department,
or an officer or officers designated by the Chief of Police for such
purpose, and by the Health Officer and Chief of the Fire Department.
Every place of business licensed under this article shall be
conducted in a law-abiding, clean and sanitary manner and shall provide
adequate sanitary arrangements and facilities in accordance with its
necessities, and shall comply with all regulations, provisions and
ordinances of the Borough of Kenilworth or of its Board of Health
or any law which may be applicable to such places.
This article shall not apply to any church or fraternal order
or other private non-profit-making association which operates or maintains
any of the herein-specified places or types of amusement or recreation
solely for the use of its own members.
[Amended 3-8-1966 by Ord.
No. 66-3]
It shall be unlawful for any licensee hereunder to permit or suffer any person under the age of 18 years to play pool or billiards or to dance in any place licensed under the terms of this article. Where such place is also licensed pursuant to Chapter 1 of Title 33 of the Revised Statutes of New Jersey (Alcoholic Beverage Law), it shall be unlawful for any person under the age of 21 to play pool or billiards or to dance therein unless accompanied by a parent or legally appointed guardian.
[Amended 9-11-1979 by Ord. No. 79-19; at time of adoption of Code (see
Ch. 1, General Provisions, Art. II)]
Ordinance Nos. 149, 167 and 289 and any other ordinance or parts
of ordinances inconsistent herewith are hereby repealed, and this
ordinance shall take effect as of January 1, 1955.
