[Adopted 12-4-2001 by Ord. No. 1185-01]
The following words and terms used in this article shall have
the meanings set forth below unless the context clearly indicates
otherwise.
All of the above-defined terms, collectively.
Without limitation, any street stands or stands located in a public area such as a park or parking lot, for the sale or distribution of licit goods, merchandise or other articles, including, but not limited to, flea markets, swap meets and fund raising sales, but shall not include any itinerant merchants, transient vendors, salesmen, peddlers, hawkers, vendors, solicitors or canvassers who shall be subject to the rules and regulations governing peddling and soliciting contained in § 325-1 et seq. of the Code of the Township of Hazlet.
Any event, including, but not limited to, a circus, carnival,
fair, festival, concert, exhibition or parade expected to be attended
by 1,000 or more people at any one time.
Any public gathering or assembly protected by the First Amendment
to the United States Constitution and the New Jersey State Constitution,
Article 1 et seq.
Any event, including, but not limited to, a circus, carnival,
fair, festival, concert, exhibition or parade expected to be attended
by less than 1,000 people at any one time.
A.
No person, group of persons, partnership, association or corporation,
or any combination thereof, shall maintain, conduct, promote or operate
on any lands or premises within the Township, other than in established
theaters, auditoriums or other places licensed or permitted for public
occupancy as limited by law, or any use thereof for the purposes of
holding an event or in any way entertaining the general public, whether
or not admission is charged, except pursuant to a special use permit
issued therefor by the Township as stipulated in this article.
B.
No owner, lessee, licensee or other person, partnership, association
or corporation having any right to or interest in any real property
within the jurisdiction of the Township shall license, rent, lease
or otherwise permit the use of such real property or any part thereof
for the use of any event or any entertainment for the general public,
whether or not admission is charged, other than in established theaters,
auditoriums or other places licensed for public occupancy as limited
by law, except pursuant to a special use permit issued therefor by
the Township as stipulated in this article.
A.
The Township Administrator or his or her designee ("Administrator")
shall issue a special use permit upon written application made by
such person, partnership, association or corporation, or combination
thereof, who proposes to maintain, conduct, promote or operate such
event, together with the owner, lessor or licensor who proposes to
rent, lease, license or otherwise permit such event, hereinafter collectively
referred to as the "applicant."
(1)
The applicant shall file a verified application with the Administrator
at least 15 days before the first day of advertising of the event
and at least 90 days before the first day of such event.
(2)
If required by law, the applicant shall file a verified application
with the Mass Gathering Review Board pursuant to the provisions of
N.J.S.A. 5:11-1 et seq., the Mass Gathering Act, at least 15 days
before the first day of advertising and at least 60 days before the
first day of such event.
B.
All applications shall be in such form as prescribed hereunder and
shall be accompanied by the required filing fee of $1,000. This fee
may be waived for bona fide nonprofit service organizations, qualified
charities, qualified religious organizations and units of state and
local governments.
C.
The Administrator shall decide whether to issue a special use permit
to the applicant within 30 days of the receipt of the application,
except for applications for a public rally which shall be granted
or denied within two business days of the receipt of a fully completed
application. Such special use permit shall contain such terms and
conditions to ensure the public health, safety and welfare as may
be necessary at the discretion of the Administrator. Should the Administrator
reject the application, such rejection shall be set forth in writing
and describe the reason for such rejection.
A.
The application shall be signed by all persons having a financial
or controlling interest in the event and by the property owners on
whose property the proposed event is to take place indicating their
consent to the application.
B.
For public entertainment. The special use permit application shall
include the following information:
(1)
The applicant's full name, residence, telephone number, post
office address and whether such applicant is an individual, partnership,
firm, corporation or governmental unit or agency of the state or local
government. All applicants shall submit a financial statement with
their application, except that such statement shall not be required
of units of state and local governments, and may be waived for nonprofit
service organizations, qualified charities, and qualified religious
organizations;
(2)
A diagrammatic sketch plan of the proposed site of the public entertainment
showing the locations and dimensions of the proposed service roads,
potable water facilities, sanitary facilities, sewage disposal facilities,
medical service facilities, distribution of security personnel and
provisions for food storage, as well as camping facilities and projected
plans for enclosure, if necessary, of the proposed site.
(3)
A statement of the purposes of the gathering and a program of scheduled
events;
(4)
If the property on which the gathering is to take place is not owned
by the person(s) or entity(ies) organizing the public entertainment,
then the names of the lessor or licensor and a copy of the lease or
license between the owner and the person(s) or entity(ies) organizing
the public entertainment, or other documents granting the right to
use said property shall be provided;
(5)
A statement of the number of persons expected to attend such event
and the duration of such attendance;
(6)
The specific details, including certified copies of contracts entered
into or provisions relating to:
(a)
Food and drink.
(b)
Sanitary facilities.
(c)
Transportation and parking facilities.
(d)
Security and protection of surrounding area, including specific
reference to the number of guards or special police assisting in the
control of traffic and supervision of those attending. The contract
should indicate the number of security guards in shifts to cover the
event from a period of three days prior to the event until the area
is cleaned and evacuated after the event. Such provisions shall be
reviewed and approved by the Township Police Department.
(e)
On-site medical facilities and hospital care.
(f)
Janitorial services and post-gathering trash removal. A contract
indicating the number of janitorial and cleanup personnel in shifts
to cover the area prior to the event, during the event and until the
area is evacuated.
(g)
Outline of the action to be taken to ensure the cleanup and
restoration of the area at which such event takes place within 48
hours after the close of the event.
(h)
Provisions for fire prevention and safety as recommended and
approved by the Chief of the Township Fire Department or his designee.
(7)
A statement containing the names of licensed ticket printers to be
used and the plans for assuring the return of monies upon the termination
or cancellation of the events as well as the means of notifying potential
and existing ticketholders of such cancellation;
(8)
Examples of proposed advertising of the event, if any;
(9)
Bond or other arrangement.
(a)
A certified copy of a bond or verified evidence of other suitable
financial arrangements, as hereinafter required, must be attached
to the application to include:
[1]
Reimbursement to ticket purchasers in the event of termination
or cancellation of the event or of failure of the applicant to conduct
the event as proposed and advertised;
[2]
Cleanup and restoration of the area at which such event takes
place within 48 hours after the close of the event; and
[3]
Payment to any volunteer organizations of the Township who have
agreed to provide services for the event.
(b)
The bond or other suitable financial surety arrangements shall
be in accordance with the following formula: number of tickets printed
times admission fee for each ticket printed plus $2 per printed ticket
equals minimum amount of bond or other security, but in no event shall
such bond or other suitable financial surety arrangements be less
than $50,000.
(10)
An insurance policy covering liability, personal property and
bodily damage in such amounts to be fixed by the Administrator in
addition to workers' compensation insurance if required pursuant
to the terms and conditions of N.J.S.A. 40:52-1.1 and any other statutory
insurance requirements.
C.
The applicant, prior to the event, shall post a bond or other financial
surety arrangements suitable to the Administrator for the amount and
surety, pursuant to § 249-B(9)(b) of this article.
D.
For all other events.
(1)
The special use permit application shall include the following information:
(a)
The applicant's full name, residence, telephone number,
post office address and whether such applicant is an individual, partnership,
firm, corporation or other entity or governmental unit or agency of
the state or local government. All applicants shall submit a financial
statement with their application, except that such statement shall
not be required of a unit of state or local government. The provision
of a financial statement and the requirements for same may be waived
at the discretion of the Administrator.
(b)
A diagrammatic sketch plan of the proposed site of the public
entertainment showing, to the extent applicable, the locations and
dimensions of the proposed service roads, potable water facilities,
sanitary facilities, sewage disposal facilities, medical service facilities,
distribution of security personnel and provisions for food storage,
as well as camping facilities and project plans for enclosure, if
necessary, of the proposed site;
(c)
A statement of the purposes of the gathering and a program of
events scheduled;
(d)
If the property on which the gathering is to take place is not
owned by the person(s) or entity(ies) organizing the event, then the
names of the lessor or licensor and a copy of the lease or license
between the owner and the person(s) or entity(ies) organizing the
event, or other documents granting the right to use said property
shall be provided.
(e)
The specific details, to the extent applicable, including certified
copies of contracts entered into or provisions relating to:
[1]
Sanitary facilities.
[2]
Transportation and parking facilities.
[3]
Security and protection of the surrounding area, including specific
reference to the number of guards or special police assisting in the
control of traffic and supervision of those attending. The contract
should include the number of security guards in shifts to cover the
event from a period of three days prior to the event until the area
is cleaned and evacuated after the event. Such provisions shall be
reviewed and approved by the Township Police Department.
[4]
On-site medical facilities and hospital care.
[5]
Janitorial services and post-gathering trash removal.
[6]
Outline of the action to be taken to ensure the cleanup and
restoration of the area at which such event takes place within 48
hours after the close of the event.
[7]
Provisions for fire prevention and safety as recommended and
approved by the Chief of the Township Fire Department or his designee.
(f)
An insurance policy covering liability, personal property and
bodily damage in such amounts to be fixed by the Administrator in
addition to workers' compensation insurance if required pursuant
to the terms and conditions of N.J.S.A. 40:52-1.1 and any other statutory
insurance requirements.
(2)
The above provisions and the requirements for same may be waived
at the discretion of the Administrator.
E.
For all events. Designated representatives of the Township Departments
of Police, Fire and Health shall be permitted to inspect at any time
the site of the event for the purpose of investigating the application
and for the purpose of ensuring compliance with the provisions of
this article.
All events shall cease operations no later than 12:00 midnight and shall be subject to the provisions of § 177-1 et seq., of the Code of the Township of Hazlet, entitled "Curfew." All applicants shall be subject to § 177-1 et seq., of the Code of the Township of Hazlet, entitled "Curfew." All applicants shall be subject to § 288-1 et seq., of the Code of the Township of Hazlet, entitled "Noise."
All applicants shall be subject to the Township's Development
Review Ordinance,[1] zoning and/or planning ordinances and shall secure any
necessary approvals from the Township Zoning Board of Adjustment and/or
Planning Board, if applicable.
A.
Public rallies. Denial of a special use permit for a public rally
by the Administrator shall be in writing and shall be mailed to the
applicant on the address set forth in the application. Notice shall
include the reasons for the refusal of said permit. If the applicant
accepts the refusal of said permit, the applicant shall acknowledge
same in writing. If the applicant fails to sign the acceptance or
takes no action, the Township may apply for a judicial determination
and final hearing on the denial on the merits within two days of said
denial. The Township may request a temporary restraining order and
permanent restraints in order to effectuate its denial of the special
use permit.
B.
All other events. In the event that the Administrator denies a special
use permit, it shall so advise the applicant, in writing, and include
its reasons for the refusal of said special use permit. The applicant
shall have the right to appeal this decision to the Township Committee
by serving written notice thereof to the Municipal Clerk within five
business days of the date of said refusal. The applicant shall also
serve a copy of said appeal on the Administrator at the same time,
and said Administrator shall immediately forward the application and
the reasons for its refusal to the Township Committee, which shall
then consider the application and sustain or overrule such denial
within 30 days from the receipt of the appeal by the Municipal Clerk.
Subject to applicable law, the decision of the Township Committee
shall be final.
The penalties for the violation of this ordinance shall be a
fine not to exceed $1,000 and/or incarceration in the county jail
for not more than 90 days.
