[HISTORY: Adopted by the Mayor and Council of the Borough
of Riverdale 4-20-1967 by Ord. No. 4-67; amended in its entirety 9-9-2009 by Ord. No.
11-2009. Subsequent amendments noted where applicable.]
It shall be unlawful for any person, partnership or corporation
occupying any building, buildings or parts of buildings in which alcoholic
beverages are served 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 Borough 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 operating the establishment
to obtain this entertainment license. It shall be the obligation of
both the owner and/or lessee of the premises to obtain a permit prior
to the opening of any such facility and to comply with any conditions
placed upon the licensed premises.
A.
Any person desiring a license under this chapter shall file with
the Borough Clerk an original application under oath, in writing,
on a form furnished by the Borough Clerk.
B.
The application shall set forth the following information:
C.
Upon receipt of such application, the Borough Clerk shall submit
the same to the Police Department, the Zoning Officer and the Health
Department for reports with reference to the compliance or noncompliance
with municipal and state rules, regulations, statutes and ordinances
and the truth of the matters contained in the application.
D.
Upon receipt of such application and reports, the Borough Clerk shall
submit the same to the Borough Council for its consent and approval.
E.
The Borough Council shall consent to and approve the issuance of
such permit, 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; that 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 Riverdale and
its inhabitants.
F.
The Borough Council shall determine that the applicant's character
and business responsibility are satisfactory, unless the application,
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 statutes, ordinances or regulations relevant
to the furnishing of entertainment.
(3)
Prior violations of ABC regulations, N.J.A.C. 13:2-23.5, 13:2-23.6,
13:2-23.7 or 13:2-23.14, if the applicant holds a plenary license.
(4)
Conviction for a crime of 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 is
not satisfactory.
G.
Upon the consenting approval of the Borough Council of 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 chapter and the statutory authority for the
same as may be imposed by the governing body.
Any function by a charitable organization hosting an event is
exempt from the licensing requirement herein imposed.
Where an admission fee is charged for persons to enter into
the premises, the owner or occupant of the premises shall have on
duty a person skilled in maintaining security, peace and good order
on the premises and in the area immediately surrounding the premises
whenever the number of persons exceeds 75, and the person shall not
be employed in any other capacity on the premises. The person so employed
shall first be approved by the Chief of Police and such approval shall
not be unreasonably withheld.
A.
It shall be unlawful for any person licensed under the provisions
of this chapter to permit on the premises any entertainment, amplified
by a mechanical device, of such intensity so as to be plainly audible
outside the boundary lines of the property.
B.
It shall be unlawful for any person licensed under the provisions
of this chapter to permit any disorderly, noisy, riotous or tumultuous
conduct within the licensed premises or areas surrounding the licensed
premises.
C.
It shall be unlawful for the owner, proprietor, manager or person
in charge of any place licensed under the provisions of this chapter
to refuse admission to any peace officer charged with the duty of
enforcing this chapter. The officers shall have free access at all
times to any premises licensed under the provisions of this chapter.
A.
An entertainment license may be revoked or suspended in the event
that any businesses are operated in a manner which substantially impairs
public safety to their customers 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 customers or business invitees; loud gatherings within
and upon the business premises; boisterous activities within and upon
the business premises or areas surrounding the premises; loud, unruly
and profane language; public drunkenness; minors consuming alcoholic
beverages; overcrowding upon the business premises or near the business
premises due to activity upon the business premises; use of fireworks;
public urination; excessive noise as defined in the following subsections;
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 business premises or near the business premises due to activity
on the business premises. The making, creating or permitting of any
unreasonably loud, disturbing or unnecessary noise in the Borough
is hereby prohibited.
B.
The making, creating or permitting of any noise of such character,
intensity or duration as to be detrimental to the life, health or
welfare of any individual or which either steadily or intermittently
annoys, disturbs, injures or endangers the comfort, repose, peace
or safety of any individual is hereby prohibited.
C.
Notice of the Borough Council's intention to suspend or revoke
such permit shall be served upon the permit holder by certified mail.
There shall be included in or attached to such notice a statement
of the facts upon which such suspension or revocation will be based.
The holder of the permit shall be entitled to a hearing before the
Council. Whenever any license shall be suspended or revoked, no refund
of any unearned portion of the fee shall be made and at least six
months from the time of such suspension or revocation shall elapse
before another license shall be issued for the same premises. If the
license of any premises be twice suspended or revoked within a period
of one year, a new license shall not be issued to such place for a
period of at least one year from the date of the second suspension
or revocation.
