Township of Clark, NJ Article I Theaters, Shows, Exhibitions and Concerts

[Derived from Sec. 4-13 of the 2002 Revised General Ordinances, adopted 12-16-2002 by Ord. No. 02-27]

§ 80-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:

PARK

Any place of amusement operated upon a lot or plot of ground in the open air, permanent in its nature and operated by private enterprise for profit during the entire year or any part thereof, whether admission is charged to enter or not.

§ 80-2 License required.

A. No person shall operate any park, theater for plays or moving pictures, dance hall, show, exhibit, performance for gain or reward, play, concert of music, dancing, game, trick, juggling, sleight of hand, acrobatics, circus, theatricals, moving pictures or other amusement of any description or show any beast, bird menagerie or any curiosity of nature or art without first obtaining a license for that purpose.

B. No person having the possession or care of any building or premises within the Township shall permit any such amusement to be carried on upon his/her premises for any price, gain or reward without a license.

§ 80-3 Issuance of license; investigations; appeals.

A. Issuance of license. The Township Clerk shall, if he/she deems it proper to do so and with the consent and approval of the Chief of Police, Fire Chief and Township Construction Code Official, issue an amusement license upon application, pursuant to the provisions of § 203-2, and the payment, in advance, of the license fee.

B. Investigation. Upon application properly completed and submitted pursuant to § 203-2, the Township Clerk shall refer the original and duplicate in turn to the Chief of Police, Fire Chief and Construction Code Official, who shall each make, or cause to be made, such investigation of the business responsibility, moral character, safety history and procedures and insurance availability of the applicant and, if employed, the applicant's employer, as appropriate for the protection of the public good. Following completion of the investigations with the approval of the Police Chief, Fire Chief and Construction Code Official and the return of the original application to the Clerk, he/she shall issue the amusement license. The duplicate of the application shall be kept on file in the Police Department.

C. Unsatisfactory findings.

(1) If, as a result of such investigations, the application is found to be unsatisfactory, the Police Chief or officer disapproving same shall endorse on the original application his/her reasons therefor and have the original application returned to the Township Clerk, who shall notify the applicant in writing of the disapproval and reasons therefor and that no license shall be issued. Any determination by the Chief of Police, Fire Chief or Construction Code Official that an application is unsatisfactory shall be based upon one or more of the following findings with respect to the applicant:

(a) Conviction of a crime involving moral turpitude.

(b) Prior violation of a soliciting or licensing ordinance.

(c) Previous fraudulent acts or conduct.

(d) Record of multiple public complaints against the applicant's conduct of business.

(e) Record of previous safety/code violations or incidents of injuries.

(f) Lack of adequate insurance protection.

(g) Such other evidence which establishes good cause to disapprove an application.

(2) In the absence of such findings, the Chief of Police, Fire Chief and Construction Code Official shall find the application satisfactory.

D. Satisfactory findings. If, as a result of such investigations, the applicant and, if employed, the applicant's employer are found to be satisfactory, the Chief of Police, Fire Chief and Construction Code Official shall endorse his/her approval on the original application and return the same to the Township Clerk, who shall, in turn, issue a license to the applicant.

E. Appeal. Any applicant whose application is denied, revoked or capacity limited may appeal the action of the Township Clerk to the Township Council by filing written notice of such application with the Township Clerk. A hearing on the appeal shall be conducted by the Township Council at its first regular meeting held at least 24 hours after the filing of the notice. The Council shall be controlled by the provisions hereof but may grant a conditional license and shall make its findings and decision at the close of the hearing.

§ 80-4 License information.

All licenses shall contain information as set forth in § 203-5.

§ 80-5 Revocation of license.

The Township Clerk, with the advice from the Mayor, the Chief of Police and the Fire Chief, may, at any time, revoke the license for any cause which appears to the Township Clerk sufficient reason for so doing, in which case the license fees received shall be retained by the Township. All licenses issued hereunder shall be conditioned upon this provision.

§ 80-6 Fees.

A. Immediately upon collection, the license fee shall be paid to the Township Treasurer, who shall give a receipt therefor. A list of all licenses, with the amount received for each, shall be presented to the Township Council at the next regular meeting after the issuance thereof.

B. Fees for amusement licenses for each year or fraction thereof shall be $100.

§ 80-7 Fee-exempt organizations.

A. Exempt functions. Baseball, football and basketball games, entertainments or lecture courses by civic bodies and fire companies of the Township and entertainments or lecture courses, the expense of which are guaranteed by residents of the Township, are exempted from the fee requirements of this article.

B. Charitable or religious organizations. The fee requirements of this article shall not apply to any of the amusements enumerated when the net proceeds are for the benefit of any charitable or religious organization located within the Township or when given by the pupils of any school in the Township, for the benefit of any kind, to be used for educational purposes of any school or any subdivision thereof.

C. License still required. The exemption from or waiver of fees under this article shall in no way otherwise effect the application or licensing provisions of this article.

§ 80-8 Violations and penalties. [1]

Any person violating any of the provisions of this article shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Article III, General Penalty.

[1] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).