[Adopted 9-2-2009 by Ord. No. 32-2009]
It shall be unlawful for any public dance hall, public assembly
hall, nightclub, cabaret, theater, movie house, social club, restaurant
and/or person, partnership or corporation holding a liquor license
occupying any building, buildings or part of buildings to furnish
in or on those premises occupied by the aforesaid establishments entertainment
of any kind or nature, whether or not an admission charge, cover fee
or minimum is charged, without first obtaining a license therefor
from the Mayor and Council. The license shall be required whether
the entertainment is to be performed on a one-time, sporadic or regular
basis. It is the obligation of the person, partnership, corporation
or entity holding the liquor license to obtain this entertainment
license.
No licensee shall engage in or shall allow, permit or suffer
any person employed to perform dancing or other entertainment in or
upon the licensed premises or to carry on any part of such dancing
or other entertainment in a lewd, licentious or lascivious manner.
No licensee shall engage in or shall allow, permit or suffer
any person to appear on the premises of any establishment licensed
for entertainment in any act, scene, sketch or other form of entertainment,
including dancing, for the benefit of patrons, with either or both
breasts or the lower part of the torso uncovered or so thinly covered
or draped so as to appear uncovered, such as in the manner of topless
or bottomless dancing.
No licensee shall employ, allow, permit or suffer any waitress,
waiter, bartender, barmaid or any other person employed by the licensee
for a purpose other than providing entertainment, if such person comes
in contact with or is likely to come in contact with the patrons of
said licensed establishment, to appear in the presence of such patrons
with either or both breasts or the lower part of the torso uncovered
or so thinly covered or draped so as to appear uncovered.
No licensee shall engage, employ, allow, permit or use entertainers
under the age of 21 years.
No licensee shall employ, allow, permit or suffer in and upon
the licensed premises any person to perform for hire or for the entertainment
of patrons any dances, ballet, acrobatics or public performance of
any kind which:
A.
Any person desiring under this article shall file with the Borough
Clerk an original and four copies of an application under oath, in
writing on a form furnished by the Borough Clerk.
B.
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 residential
address, date of birth and place of birth.
(4)
If the applicant is a partnership, the full names, residential addresses,
dates of birth and places of birth of each partner.
(5)
If the applicant is a corporation or other entity:
(a)
In the case of a corporation, the full names, residential addresses,
dates and places of birth of each major officer and each stockholder,
the name and address of the registered agent and the address of the
registered agent and the address of the principal officer. (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, residential addresses,
dates and places of birth of each person owning or having an 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.
(7)
The number of liquor licenses held by the applicant.
(8)
The applicant shall provide the application a specific description
of the nature and type of entertainment to be provided on the licensed
premises.
C.
Upon receipt of such application, the Borough Clerk shall submit
the same to the Police Department, the Building Department, Fire Marshal
and Health Department for reports with reference to the compliance
or noncompliance of the licensed premises with municipal and state
rules, regulations, statutes and ordinances and the truth of the matters
contained in the application.
D.
The Borough Clerk shall submit a final request for information to
the Tax Collector to ascertain whether the taxes and utilities (if
applicable) are paid to date on the property.
E.
Upon receipt of such application and all reports, the Borough Clerk
shall submit the same to the Mayor and Council, in resolution form,
for their consent and approval for issuance of the license.
F.
The Borough Council shall consent to and approve the issuance of
such 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; that untrue matters are contained in the application for the
license; the issuance of the license will tend to create a nuisance;
or that the issuance of such license will adversely affect the good
government, order and protection of persons and property and the preservation
of the health, safety and welfare of the Borough of Hopatcong and
its inhabitants. The Borough Council shall determine that the applicant's
character and business responsibility are satisfactory, unless the
applicant, the reports of the various departments or other evidence
presented shall tangibly disclose any of the following:
(1)
Conviction of a crime involving moral turpitude or offenses of public
indecency.
(2)
Prior violations of statute, ordinances or regulations relevant to
the furnishing of entertainment.
(3)
Prior violations of ABC regulations, N.J.A.C. 13:2-23.5, 2-23.6,
2-23.7 or 2-23.14.
(4)
Conviction for a crime or disorderly persons offense involving gambling.
(5)
Concrete evidence of bad character.
(6)
Grounds similar to those listed above which would reasonably cause
the Borough Council to determine that the character and business responsibility
of the applicant or any partner, officer or stockholder thereof are
not satisfactory.
G.
Upon the consenting approval of the Mayor and Council to the issuance
of a license, the Borough Clerk shall issue the same, subject, however,
to such appropriate conditions and safeguards, if any, consistent
with the intent and purpose of and reasonably necessary to accomplish
the objectives of this article and the statutory authority for the
same as may be imposed by the governing body.
Any permit issued under this article may be revoked by the Borough Council if the Borough Council shall determine that there are reasonable grounds upon which to revoke any such permit, such grounds being the same grounds upon which the Council may refuse to consent to and approve the issuance of such license as set forth in § 63-17 above. 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, citing the licensee to appear before the Borough 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 hearing shall be not less than 10 days from the date of service of the notice. The licensee shall be afforded a hearing before the Council prior to the final revocation of the license.
The fee for the entertainment license shall be $25 per year
or any part thereof. The fee shall accompany the application for the
license. All licenses shall run from July 1 and expire on June 30
of the next succeeding year of their issuance.
