City of Salem, NJ Entertainment, Public

No person or entity shall for any price, gain or reward exhibit or cause to be exhibited in the City of Salem, New Jersey, any traveling or other show, circus or menagerie or give to have or cause to be given or had any theatrical or variety performance or play, concert, dance or other entertainment or have or make or cause to be had or made any exhibition of whatsoever nature or maintain or conduct or cause to be maintained or conducted any theater, opera house, music hall or other place of public entertainment, without first obtaining a license therefor, to be granted by the Council, as herein prescribed.

[Amended 10-19-2009 by Ord. No. 09-20]

No owner, occupant or other person or persons having the possession or care of any house, building or room or any lot of land within the City of Salem shall suffer or permit any such traveling or other show, circus or menagerie, theatrical or variety performance or place, concert, dance or other entertainment of whatsoever nature, such as are mentioned in Subsection A to be exhibited, acted, shown forth or performed for any price, gain or reward, in or upon his, her or their said house, building or room or lot of land, unless the party or parties so causing such traveling or other show, circus or menagerie, theatrical or variety performance or play, concert, dance or other entertainment or any exhibition of whatsoever nature as aforesaid shall first obtain such license in the manner herein prescribed.

§ 109-2 License fees.

The application fees to be charged for such licenses respectfully shall be as follows:

(1)

For a license for a circus or carnival with or without a menagerie: the sum of $100 for each day.

(2)

For a license for a theater, opera house, music hall or any other place of public entertainment: the sum of $100 for the first year and $50 for the renewal of said license. Each such license for a theater, opera house, music hall, dance hall or other place of public entertainment shall expire on the first day of January following the date of the granting of such license.

(3)

For any moving picture show or entertainment: the sum of $100 for the first year and $50 for the renewal of said license.

(4)

For any exhibition or entertainment for which the amount of the license fee is not herein specifically fixed: the sum of $25 per day for each exhibition or entertainment.

(5)

For traveling shows, theatrical performances, plays, exhibitions and concerts: the sum of $50 per day.

The application fee prescribed in this chapter shall not apply to a concert or entertainment given for religious, charitable, benevolent or fraternal purposes.

§ 109-3 Contents and review of application; issuance of license.

Any person desiring a license under this chapter shall file with the City Clerk an original and four copies of an application, in writing, on a form furnished by the City Clerk and the appropriate application fees.

The application shall set forth the following information:

(1)

The applicant's name, business name and business address.

(2)

Whether the applicant is an individual, a partnership, a corporation or another entity and, if another entity, a full explanation and description thereof.

(3)

If the applicant is an individual, the applicant's residence address, date and place of birth and social security number.

(4)

If the applicant is a partnership, the full names, residence addresses, dates and places of birth and social security numbers of each partner.

(5)

If the applicant is a corporation or another entity:

(a)

In the case of a corporation, the full names, residence addresses, dates and places of birth and social security numbers of each major officer and each stockholder, the name and address of the registered agent and the address of the principal office. (The term "stockholder," as used herein, means and includes any person owning or having an interest, either legal or equitable, in 10% or more of the stock issued and outstanding of the applicant corporation.).

(b)

In the case of another entity, the full names, residence addresses, dates and places of birth and social security numbers of each person owning or having any interest, either legal or equitable, aggregating in value 10% or more of the total capital of said entity, the name and address of the registered agent, if any, and the address of the principal office.

(6)

Whether the applicant or any partners, officers or stockholders thereof have ever been arrested or convicted of a crime and, if so, the name of the person arrested or convicted, the date of arrest, the crime or charge involved and the disposition thereof. The term "officers," as used herein, means and includes the president, vice presidents, secretary and treasurer of a corporate applicant.

(7)

A detailed description of the proposed licensed premises, including the address, tax lot and block numbers and a description of any structures on the premises to be used in the proposed entertainment activity, which shall include the square footage of any such structures, number of rest rooms, description of fire suppression systems, etc.

(8)

A site plan map of the proposed licensed premises, indicating the area to be utilized for the proposed entertainment activity, the location of all structures on the premises, the location of all structures on adjoining premises and all means of ingress and egress to the premises and buildings thereon to be utilized in the proposed entertainment activity.

(9)

A detailed description of the proposed entertainment activity, including the nature thereof, the number of persons anticipated to participate, the maximum number of persons who would be allowed to enter the premises at a given time to participate, the specific date(s) on which the proposed entertainment activity would occur and the exact time persons wishing to participate will be allowed onto the premises and the exact time all persons participating will be required to leave the premises.

(10)

A statement by the applicant that the proposed entertainment activity and the proposed licensed premises are and will be in compliance with all applicable laws, regulations, orders or other authority governing the premises and entertainment activity proposed to be conducted thereon.

(11)

A certification that all statements made in the application and all materials submitted therewith are true, correct and complete and acknowledging that the person signing may be subject to punishment if not.

Upon receipt of an appropriate application and the fees, the City Clerk shall forward a copy to the Mayor and Public Safety Committee, the Chief of Police, the Construction Code Office and the Zoning Officer, with a note indicating the date on which the Council will consider the application for approval. The Clerk shall schedule the Council's review of the application at the next scheduled regular Council meeting which is more than 10 days after the date on which the Clerk received the appropriate completed application and fees. Any comments or objection to the application by the Chief of Police, Construction Code Office or Zoning Officer shall be presented to the Clerk on or before the Council meeting scheduled to consider the application or directly to the Council at the scheduled meeting.

[Amended 10-19-2009 by Ord. No. 09-20]

The Council shall approve the issuance of the license unless it reasonably finds that the applicant's character and business responsibility are not satisfactory; that a violation of municipal or state rules, regulations, statutes and ordinances exists or would exist if the license was granted; that untrue matters are contained in the application for such license; that the issuance of such license will tend to create a nuisance; or that the issuance of such permit will adversely affect the good government, order and protection of persons and property and the preservation of the public health, safety and welfare of the City and its inhabitants.

Upon the Council deciding to grant any application presented hereunder, there shall be given to the applicant a license, which shall state the name of the person licensed, the licensed premises and the purpose and length of time or number of exhibitions or entertainment for which the license is granted and the dates thereof. A copy of the license and the application shall be available, upon request of any city official, three hours before and at all times during the entertainment activity.

§ 109-4 Revocation of license.

Any license issued under this chapter may be revoked by the Council. If the Council shall determine that there are reasonable grounds upon which to revoke any such license (such grounds being the same grounds upon which the Council may refuse to approve the issuance of such license), it shall cause a notice to be served, in writing, upon the licensee or other person in charge of the premises for which such license has been issued, notifying the licensee to appear before the Council at the time and place designated in the notice to show cause why such license should not be revoked. Notice may be served upon the licensee by personal service or by registered or certified mail addressed to the licensee's last known address. The licensee shall be afforded a hearing before the Council prior to the final revocation of such permit.

Any license issued under this chapter may be revoked or suspended in the event that the entertainment activity is operated in a manner which substantially impairs public safety to the participants or to the general public. As a specific standard, the following activities shall be deemed to be injurious to the public health and therefore prohibited: loud and abusive noises coming from participants; loud gatherings within and upon the premises; boisterous activities within and upon the premises; loud, unruly and profane language; public drunkenness; minors consuming alcoholic beverages; overcrowding upon the premises or near the premises due to activity upon the premises; use of fireworks; public urination; excessive noise; and any other disorderly acts which disturb the peace and good order of the neighborhood and community. As a further specific standard, any creating of loud or unnecessary noise shall be prohibited upon the premises or near the premises due to activity on the premises.

§ 109-5 Employment of security and medical personnel.

[Amended 10-19-2009 by Ord. No. 09-20]

The licensee of any license issued hereunder shall have on duty a person, at least 21 years of age or older, skilled in maintaining security, peace and good order, hereinafter "security guard," on the premises for all times during the entertainment activity whenever the maximum number of persons who would be allowed to enter the premises at a given time to participate is 50 or more. Said security guard shall be uniformed and shall not be employed in any other capacity on the premises. One additional security guard shall be required for each additional 50 persons allowed to enter the premises to participate in the entertainment activity. The name of the security guard(s) shall be given by the licensee to the Chief of Police at least five days prior to the beginning of the entertainment activity.

In lieu of the security guard requirement set forth above any licensee applying for a for-profit event at which more than 200 people would be allowed to enter the premises at a given time shall be required to pay for the cost of a uniformed police officer through the City's Police Department Off-Duty Work Program. An additional officer shall be required for each additional 200 people that would be allowed to enter the premises for the event.

Any licensee applying for a boxing match event shall also be required to demonstrate that they have made arrangements to have an ambulance and/or other proper medical personnel present or on standby.

§ 109-6 Limit on hours of entertainment activity.

[Amended 11-18-1996 by Ord. No. 96-19; 11-16-2020 by Ord. No. 20-12]

The licensee of any license issued hereunder shall cause the entertainment activity event to be concluded on or before 11:00 p.m.

§ 109-7 Waiver of requirements.

[Amended 10-19-2009 by Ord. No. 09-20]

For good cause shown, the Council may waive any requirement of this chapter where the strict applications of the same would cause hardship or inequity to the applicant or for the protection of the public.

§ 109-8 Effect on other provisions.

It is the intention of this chapter not to supersede any provisions of Chapter 69, Alcoholic Beverages, or any other ordinances of the city, but this chapter shall be read in conjunction with all other ordinances. In the event that the provisions of this chapter directly conflict with any other city ordinance, the more restrictive standard shall apply.

§ 109-9 Violations and penalties.

[Amended 7-20-2020 by Ord. No. 20-06]

Any person violating this chapter shall, upon conviction, be subject to a fine of not less than $100 nor more than $2,000; or imprisonment in the county jail for a term not exceeding 90 days or by a period of community service not exceeding 90 days. Any person who is convicted of violating this chapter within one year of the date of a previous violation of the same chapter and who was fined for the previous violation, shall be sentenced by a court to an additional fine as a repeat offender. The additional fine imposed by a court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of the chapter, but shall be calculated separately from the fine imposed for the violation of the chapter.