[HISTORY: Adopted by the Township Committee of the Township of Blairstown as Sec. 4-1 (Ord. No. 115) of the Revised General Ordinances. Amendments noted where applicable.]
The Township Committee deems it advisable and in the best interests of the Township to regulate shows, concerts, festivals, dances, theatrical performances, exhibitions and public gatherings for purposes of amusement in the Township.
No person or parties whatsoever shall permit any outdoor shows, concerts, festivals, dances, theatrical performances, exhibitions and public gatherings for purposes of amusement out of doors on any lands or premises owned, leased, occupied or controlled by any of such person within the Township without first having obtained a license from the Township in the manner and upon the conditions hereinafter set forth; provided, however, that neither the foregoing nor any other requirement of this chapter shall apply to any such outdoor show, concert, festival, dance, theatrical performance, exhibition or public gathering sponsored by the Township of Blairstown, itself, or any agency thereof, by the school district thereof or by any police, or fire company organization within the Township which receives financial support from the Township, or by any established churches in the Township, or any other nonprofit or charitable organization or family gathering.
The Township Committee may waive the foregoing requirements and the conditions hereinafter set forth, if in its opinion it finds that the foregoing activities will not, in any way, affect the health, welfare and safety of the Township.
An application for license hereunder shall be signed by the person, persons, or parties responsible and filed in triplicate, with the Township Clerk accompanied by the fee payable hereunder. The applicant shall set forth in the application for license the following information:
The names and addresses of the person or persons, or in the case of a corporation, the names and addresses of the president, vice president, secretary, treasurer and director or trustees, responsible for conducting the outdoor shows, concerts, festivals, dances, theatrical performances, exhibitions, or any public gatherings for purposes of amusement sought to be licensed.
The type of performance desired to be conducted and a statement of the purposes of the exhibition or performance, whether for pecuniary profit or charitable purposes, and if charitable a statement of the charity or charities to be benefited.
A description of the lands or premises sought to be licensed which shall include a description of the boundaries sought to be licensed.
Whether the premises are owned by the applicant, or if not owned, then the names and addresses of the lessor or licensor and the terms of the lease or license.
A designation of the portion of the premises intended to be used for the parking of automobiles, including a statement in acres or square feet of the area to be devoted to this purpose.
A map or sketch showing the entire area sought to be licensed and delineating thereon the portion to be used for the parking of automobiles, and further showing driveways or means of access to and from the premises, and the names of all adjoining owners of the premises to be licensed.
A statement of the number of persons to be engaged in the exhibition or performance sought to be licensed and, in addition, a statement of the number of spectators anticipated to watch or observe the exhibition or performance.
A fee of $500 shall be paid upon filing the application to be applied by the Township toward its expense in investigating the applicant, which fee shall not be refunded whether license is issued or denied.
Upon filing of the application, the Clerk shall refer a copy of the application promptly to the Mayor for investigation of the matters in the application by the Township Attorney or other designated official in such other manner as the Mayor may direct. A written report shall be made to the Township Committee of the result of such investigation by any such officer or agent designated by the Mayor within 30 days from the filing of the application.
No permit shall be issued unless it is clearly shown that the following are provided for:
Drinking water adequate in quantity and quality satisfactory to the permit issuing official. Drinking water shall be readily available to all persons attending the assembly or use. Only drinking water shall be so delivered or piped as to be easily accessible. A well or spring, used as a source of drinking water, and the structure used for the storage of drinking water shall be so constructed and located as to protect the contents against pollution. A pipe or pump delivering the drinking water shall be of the type and installation acceptable to the permit issuing official. There shall be no physical connection between a pipe carrying drinking water and pipe carrying water not of a quality satisfactory to the permit issuing official. A fixture, installation or equipment from which backsiphonage may occur shall not be supplied waters from a pipe carrying drinking water. All pipes carrying drinking water shall be buried to a sufficient depth below the surface of the ground to prevent their damage or destruction. Where water treatment process is employed an accurate and complete report of the process and operation thereof shall be maintained daily and no change of the source of nor in the method or treatment of a drinking water supply shall be made without first notifying the permit issuing official and securing his written approval to do so. A common drinking container shall not be provided nor allowed to be used. Any drinking fountain shall be approved for sanitary design and construction.
Toilet facilities adequate for the capacity of the assembly or use. These facilities shall be so located as to be conveniently available and shall be so constructed and maintained that they will not be offensive. Toilet facilities for groups of people consisting of both sexes shall be so arranged that the facilities shall be separate for each sex. No privy shall be so located or constructed that it will leak or seepage possibly pollute a water supply, surface water or adjacent ground surface and shall be constructed in accordance with the requirements of the State Department of Health and shall be maintained so that it will not permit access of fluid to the privy vault.
Adequate facilities for satisfactory disposal or treatment and disposal of sewage shall be maintained. Such facilities shall meet with the standards and requirements of the Township and the Board of Health of the Township and State of New Jersey.
Adequate supply of food including provisions for sanitary storage, handling and protection of food and beverages until served or used. A showing must be made that, where food is to be prepared or consumed, there are facilities for washing, disinfecting and storing dishes and food utensils.
Adequate off-street and off-road facilities for contemplated number of people attending the assembly or use. Parking space shall be provided for at least one car for every four persons in attendance.
Adequate camping and housing facilities for the contemplated number of people in attendance, if it is contemplated that the assembly or use shall extend from one day to another.
An adequate number of access roads to and from the site of the assembly or use.
Adequate medical facilities including a first aid station. It must be shown that at least one doctor and one registered nurse shall be in attendance at all times and in addition, at least one registered nurse for each additional 500 people in attendance will be on duty at all times.
No permit shall be issued unless the owner and his tenant or lessee if any shall furnish the Township with written authorization to permit the town or its lawful agents to go upon the property for the purposes of inspecting the same and the facilities to be provided thereon.
No permit shall be issued unless the applicant shall furnish the Township with a comprehensive liability insurance policy insuring the Township against liability for damage to person or property with limits of not less than $500,000/$1,000,000 for bodily injury or death and limits of not less than $500,000 for property damage, sufficient to save the Township harmless from any liability or cause of action which might arise by reason of the granting of the permit and not cancelable without 10 days prior written notice to the Township.
If the Township Committee deems from the report that a hearing on the application should be held before issuing or denying the license, then within five days after the thirty-day period of investigation, the Township Committee shall set a time and place for hearing on the application which shall be held within 15 days thereafter. At the hearing the applicant and the Township may offer such evidence as may be desired covering the subject matter. Within seven days after the closing of the hearing the determination on the application and if the determination is favorable, a license shall be issued, but if the determination shall be a denial of the application, then a copy of the determination with the reasons for denying the application shall be served upon the applicant at the mailing address of the applicant designated in the application.
The license authorized to be issued shall be issued by the Township Committee, but executed by the Mayor and Township Clerk.
The license shall be set forth and describe, with particularity the place where the show, exhibition, performance or public gathering or other event sought to be licensed hereunder shall take place and the period of time during which it may continue.
The license herein authorized shall not be issued to take effect until all fees have been paid to the Township as provided herein.
Any license authorized to be issued hereunder shall be issued subject to all the provisions of this chapter.
The fee to be paid upon issuance of a license shall be $100 for each 100 persons or any portion thereof anticipated to be involved in the event sought to be licensed, including therein all personnel, all spectators or members of the audience, and a minimum fee of $100 shall be paid. All license fees shall be in addition to the fees required to accompany the application.
No outdoor show, concert, festival, dance, theatrical performance, exhibition or public gathering for purposes of amusement shall be permitted or licensed whatever if the event sought to be licensed contemplates a gathering of more than 1,000 persons or if the area allowed for the parking of motor vehicles is less than 50 cars per acre for the anticipated number of persons involved in occupying the premises.
No person or party licensed hereunder shall allow, suffer or permit any exhibition, performance or gathering of persons for any unlawful purpose or to be conducted in any unlawful, disorderly, obscene or lewd manner.
No outdoor show, concert, festival, dance, theatrical performance, exhibition or public gathering for purposes of amusement shall allow any performer to perform or be displayed in the nude.
No outdoor show, concert, festival, dance, theatrical performance, exhibition or public gathering for purposes of amusement shall be allowed which shall depict sexually suggestive acts or subjects offensive to public morals and decency.
No outdoor show, concert, festival, dance, theatrical performance, exhibition or public gathering for purposes of amusement shall allow the use of any moving pictures or other media which is obscene, lewd, indecent or offensive to public morals and decency.
Any licensee hereunder shall not permit any employees or agents of the applicant or any spectators or any persons on the licensed premises during the period of time licensed to completely undress or go about in a lewd, obscene or indecent manner.
The licensee shall allow the state police and any special police of the Township or any other persons duly authorized by the Township to inspect the licensed premises, or any part thereof, and the performances, exhibitions and shows for public gathering at any time either prior to, or during the period of time licensed, to inspect the premises and observe the persons upon the premises or to detect violations of this chapter or of any other law of the federal government or the State of New Jersey or the Township of Blairstown.
The licensee shall take all proper means to assist in the orderly conduct and presentation of its event and to maintain a flow of traffic and use of the premises without congestion of traffic. For such purposes the licensee shall employ or obtain sufficient personnel to carry out these objectives.
The licensee shall maintain at its own expense one or more persons or agents responsible for the proper conduct of the event licensed who shall remain upon the premises licensed at all times during the period in which the license shall be in effect. The name, address and description of the person or agents responsible shall be furnished to the Township before the beginning of the licensed period, and in the event that any change is made in a person or persons or agents responsible herein designated, notice of such change with the names and addresses and descriptions of the persons to be substituted shall be furnished to the Township Clerk upon at least 24 hours' notice. The Mayor or other authorized officers or agents of the Township for such purposes may require the licensee to introduce the person or agents responsible for the conduct of the event to the Mayor of the Township or agent of the Township as the Township may designate to the licensee.
In the event that any of the provisions of this chapter shall be violated, the Township Committee through its authorized officers or agents may terminate or suspend any license issued hereunder. Such suspension or revocation shall be determined as follows:
The Mayor or other person authorized by the Township Committee shall cause a written notice of the alleged violations of this chapter or of any other laws involved to be served upon the applicant or any of the agents of the applicant on the premises, together with a notice of the time and place of hearing to be held, not less than 24 hours after service, directing the licensee to show cause before the Township Committee why the license should not be suspended or revoked.
At the hearing the Township Committee shall hear all of the evidence offered by the Township and the licensee which is material to the issue and shall make a prompt determination of its findings. If the findings be in favor of the licensee, the charges shall be dismissed but if the findings be against the licensee, the license issued may be revoked entirely or suspended upon such conditions as the Township Committee may direct. In the event of a full revocation, the event licensed shall be terminated immediately, and no further outdoor show, concert, festival dance, theatrical performance, exhibition or public gathering for purposes of amusement shall be held upon the licenses granted therefor, and any persons remaining upon the licensed premises may be dispersed immediately by any peace officer of the Township and by such other persons or agents as may be properly authorized by the Township.
In the event that it shall reasonably appear to the Township Clerk or any other official designated by the Township Committee for such purpose that the number of persons gathered or gathering upon, or for entry upon, the licensed premises for any outdoor show, concert, festival, dance, theatrical performance, exhibition or public gathering for purposes of amusement licensed hereunder shall exceed 1,000 persons, the Clerk or other authorized official may give notice to the licensee immediately to withhold proceeding with the event licensed and shall then inform the Mayor or Township Committee promptly of the action. The licensee may then thereupon request a hearing before the Township Committee forthwith and the hearing shall be held as promptly as possible.
No license fee or portion thereof shall be refunded following revocation or suspension of any license issued.
Whenever notice is required to be given to the applicant or licensee hereunder, such service of notice may be made by registered or certified mail directed to the person and address listed in the application or otherwise personally upon the applicant or any of the agents of the applicant upon the licensed premises.