[MC 2012-22, December 20, 2012]
PUBLIC ENTERTAINMENT
Means and includes all or any of the following types and places of entertainment open to the public generally: theatrical or variety performance, plays, dances, exhibitions of any nature, theaters, opera house, music halls, outdoor and indoor meetings open to the public or any other types and places of public entertainment.
SPECIAL EVENT
Means carnivals (limited to the operation of ferris wheels, merry-go-rounds, whips, automatic rides or devices mounted on trucks), circuses, menageries, motion pictures, and outdoor festivals and tent shows.
[R.O. 1957, 6:14-1; MC 2012-22, December 20, 2012]
In order to provide the City authorities with the necessary information so they may maintain the public safety and order, no person shall exhibit, give, have, maintain or conduct or cause to be exhibited, given, made, maintained or conducted any type of public entertainment or special event without first obtaining the appropriate license and paying the required fee, if any.[2]
[1]
State law reference: As to City power to license, see N.J.S.A. 40:52-1(f).
[2]
Cross reference: As to the fee, see Article 17 of this chapter.
[MC 2012-22, December 20, 2012; MC 2014-11, July 14, 2014]
(a) 
Application for a public entertainment license shall be signed by the parties conducting the affair and shall be filed with the License Bureau not less than three (3) days in advance of the event.
(b) 
Application for a special event license shall be signed by the parties conducting the event and shall be filed with the License Bureau not less than forty-five (45) days in advance of the event.
(c) 
The License Bureau shall cause to be investigated the information called for by the form in respect to the truth of the applicant and the responsibility of the applicant and all circumstances bearing on the proposed events and places.
(d) 
With regard to an application for a public entertainment license, the City Clerk, the head of the Bureau of Licenses, shall report the findings of the Director of Public Affairs and Safety and Director of Public Works and Urban Development's Investigations and mandatory special conditions in writing to the Mayor or his designee.
(e) 
With regard to an application for a special event license, the City Clerk, the head of the Bureau of Licenses, shall report the findings of the Director of Public Affairs and Safety and Director of Public Works and Urban Development's Investigations and mandatory special conditions in writing to the City Council.
[R.O. 1957, 6:14-3; MC 2012-22, December 20, 2012]
A public entertainment license and a special event license application shall set forth the following in respect to the proposed public entertainment/special event:
(a) 
Name and address of applicant;
(b) 
Time;
(c) 
Place;
(d) 
Character of the entertainment/event;
(e) 
Admission charges; and
(f) 
Disposition of the funds.
[MC 2012-22, December 20, 2012]
When deemed necessary by the Mayor, in consultation with the Corporation Counsel, an applicant for a public entertainment license to be issued under this article shall furnish the License Bureau with satisfactory proof, by certificates, of workmen's compensation coverage for its employees, in accordance with State law.
When deemed necessary by the License Bureau, in consultation with the Corporation Counsel, an applicant for a special event license to be issued under this article shall furnish the License Bureau with satisfactory proof, by certificates, of workmen's compensation coverage for its employees, in accordance with State law.[1]
[1]
State law reference: As to state requirement of proof of coverage for employees' injuries, see N.J.S.A. 34:15-71 and N.J.S.A. 40:52-1.1
[MC 1993-10, April 5, 1993; MC 2012-22, December 20, 2012]
Where deemed necessary by the License Bureau, in consultation with the Corporation Counsel and the Director of Public Works and Urban Development.
(a) 
The applicant for a license required by this article shall furnish evidence of having in effect public liability insurance of not less than One Million Dollars ($1,000,000.00) per person and Five Hundred Thousand Dollars ($500,000.00) per accident covering all aspects of the planned activity.
(b) 
The applicant shall furnish evidence of property damage insurance coverage of not less than One Million Dollars ($1,000,000.00).
(c) 
The applicant shall furnish a cash or surety bond in the amount of One Million Dollars ($1,000,000.00) conditioned that no damage will be done to City property or City streets and that no dirt, paper, litter or other debris will be permitted to remain upon the licensed premises or on the streets.
(d) 
Each policy required herein must contain an endorsement providing for twenty (20) days, notice to the City in the event of any material change or cancellation of the policy.
(e) 
In the event any insurance policy required by the Article shall lapse or be canceled by the issuing company, the license shall be suspended. The licensee shall immediately surrender the license to the License Bureau.
(f) 
The liability insurance and the bond shall be approved by the Corporation Counsel as to sufficiency of form and amount.
[MC 1993-10, April 5, 1993; MC 1998-6, February 17, 1998; MC 2012-22, December 20, 2012; amended by 12-11-2018 by Ord. No. MC 2018-32]
(a) 
The public entertainment license and special event license fees to be charged shall be set forth in the Schedule of Fees in Article 17.
(b) 
The fee shall not be exacted from any applicant:
(1) 
Any bona fide, charitable, and religious organizations or associations organized not for profit which will apply the entire proceeds of the activity to the charitable or religious purposes of the organization shall be exempt from the payment of the fee. The production of a certified copy of a certificate of incorporation pursuant to Title 15 of the Revised Statutes of New Jersey shall be presumptive evidence of the right of such organization to this exemption.
(2) 
Where the activities are sponsored directly by the Board of Education or the Division of Recreation as part of the activities of the recreational system.
(3) 
Where the City Council has waived the fee by resolution, provided that a recommendation is received from the Business Administrator showing good cause, which may include, but not be limited to, a financial hardship or for an activity that is deemed to be in the best interest of the City.
(4) 
Events sponsored or cosponsored by the City of Plainfield.
(c) 
To obtain the exemption given by Subsection (b), the application shall be filed by a duly constituted representative of the respective body.
[MC 2012-22, December 20, 2012]
(a) 
The licenses required under this article shall be granted by the Mayor for public entertainment licenses and by the City Council for special event licenses if the:
(1) 
Appropriate application form is completed as required and the information thereon is true;
(2) 
Applicant has complied with all the regulations and requirements of Section 9:9-11 of this article; and
(3) 
Prescribed fee is paid.
(b) 
The applicant may amend his form following its rejection for any reason and resubmit a corrected form.
(c) 
Any applicant aggrieved by the decision of the Mayor in regard to the rejection of a public entertainment application, corrected or amended application shall have the right of appeal as provided in Section 9:1-11.
(d) 
Any applicant aggrieved by the decision of the City Council in regard to the rejection of a special event application, corrected or amended application shall have the right of reconsideration as provided by Section 9:1-11.
[R.O. 1957, 6:14-5; MC 2012-22, December 20, 2012]
(a) 
Upon the Mayor's decision to grant a public entertainment license or the City Council's decision to grant a special event license, and upon the payment of the prescribed fee, the applicant shall be granted the license.
(b) 
The license shall state the:
(1) 
Name of the licensee;
(2) 
Purpose for which the license is granted;
(3) 
Length of time or number of entertainment/events for which the license is granted;
(4) 
The place or route of the entertainment;
(5) 
Character of the entertainment;
(6) 
Admission charges, if any;
(7) 
Disposition of the funds; and
(8) 
Other information as the nature of the entertainment may indicate.
(9) 
Expectation of attendance.
[R.O. 1957, 6:14-2; MC 2012-22, December 20, 2012]
(a) 
Whether an admission fee is charged or not, no owner, occupant or other person having possession or care of any house, building, room or lot of land shall suffer or permit any public entertainment/special event to be exhibited, acted, shown or performed for any price, gain or reward in or upon his house, room, building or lot of land, unless the party responsible for or providing the public entertainment/special event has first obtained the required license.
(b) 
The provisions of Subsection (a) shall not apply to any:
(1) 
City sponsored activities;
(2) 
Board of Education sponsored activities; or
(3) 
Activities held on private residential property if admission is by invitation only, no fees are charged and any mechanical amusement device to be used is inspected in the same manner as a device used by a licensee.
[MC 2012-22, December 20, 2012]
The applicant or licensee must comply with the following regulations and requirements:
(a) 
The premises and amusement rides shall not be dangerous or hazardous;
(b) 
No unsanitary conditions shall exist;
(c) 
No traffic hazards shall exist;
(d) 
There shall be sufficient accommodations for the public;
(e) 
The licensee shall maintain the premises and installations in proper condition for the duration of the license;
(f) 
The licensee shall not make or permit to be made any unnecessary or unreasonable noise by loud speaker, amplifying device or any other means which would disturb the residents in the vicinity of the premises wherein such licensed entertainment is held;[1]
[1]
Cross reference: As to unnecessary and unreasonable noises, see Chapter 10, Article 8 of this Code.
(g) 
No traveling shows, circuses, menageries, parades, rodeos or other similar entertainments shall travel on any of the streets in going to or from the place where such entertainments are to be held, except upon a route or routes to be designated by the Police and License Divisions, as approved by the Mayor; and
(h) 
No license shall permit any disorderly or immoral conduct upon the premises for which such license shall have been granted nor shall any such licensee permit any gambling, any sale of obscene literature or picture or any indecent, immoral or lewd act or performance upon such premises.
[MC 2014-11, July 14, 2014]
(a) 
Any and all special event license holders must bear all municipal costs associated with the event for which the license is granted including, but not limited to, police, fire, health, and public works costs.
(b) 
After consultation with the applicable department heads, the amount of these costs shall be estimated by the Clerk after grant of the special event license but prior to the event.
(c) 
The Clerk shall request, in writing, a certified check for estimated municipal costs to be paid by the special event license holder no later than ten (10) days prior to the first day of the scheduled event. Those funds will be held in escrow by the Clerk after which the balance will be returned to the special event license holder. If additional municipal costs are due and owing, the license holder shall make payment to the Clerk within thirty (30) days of the event.
(d) 
The special event license will be deemed forfeited if the certified check for estimated municipal costs is not provided to the Clerk ten (10) days prior to the event.
(e) 
These municipal costs are separate and apart from any license fees to be paid by applicants for special event licenses.
[MC 2014-11, July 14, 2014]
(a) 
No special event license shall be granted for more than three (3) days in length.
(b) 
No special event license shall be permitted to extend beyond 11:00 P.M. on any given day.
(c) 
Special event license applicants shall only be entitled to two (2) special event licenses per year. This provision shall not apply to any agency, instrumentality or quasi-governmental agency of the City of Plainfield.
[MC 1997-13, October 6, 1997]
Garage sales regulations special permits application requirements as to the premises and conduct of other public entertainment.
(a) 
Definitions. As used in this section, the following terms shall have the meanings indicated:
Garage sale means all general sales open to the public conducted for the purpose of disposing, by sale, barter or otherwise, of personal property including but not limited to all sales entitled "garage," "lawn," "house," "estate," "bazaars," "yard," "attic," "porch," "room," "backyard," "patio," "flea market," or "rummage sales."
Person means and includes individuals, natural persons, corporations, partnerships, voluntary associations, homeowners' associations, unincorporated associations and family groups.
Personal property means property which is owned, utilized and maintained by an individual or members of his or her residence and acquired in the normal course of living or in maintaining a resident.
(b) 
Permit required. It shall be unlawful for any person to conduct a garage sale within the City of Plainfield without first obtaining a permit from the City Clerk. The fee for such permit per garage sale shall be nonrefundable. No garage sale shall be permitted for more than three (3) days, which shall be consecutive. No person shall conduct more than two (2) garage sales in any one (1) calendar year. No premises shall be the subject of more than two (2) garage sales in any one (1) calendar year.
As to the fee, see Article 17 of this chapter.
(c) 
Application for permit. For the purpose of this section, any person desiring to secure a permit to conduct a garage sale shall, at least two (2) weeks prior to the date and time set for such sale, complete and submit to the City Clerk an application for the issuance of a permit and shall pay the required fee. Said application shall be in such form as the City Clerk may establish and contain the following information:
(1) 
The location of the proposed garage sale.
(2) 
The dates and times of such proposed sale.
(3) 
The names of owners of premises on which the proposed garage sale is to be conducted.
(4) 
The name or names of person or persons other than the owners, if any, who will be conducting said proposed garage sale.
(d) 
Issuance of permit. The City Clerk shall receive the application and accept the required filing fee and, if upon review of the application the same is in compliance with the requirements of this section and any regulations promulgated hereunder shall issue the permit and said Clerk shall number the applications and permits in chronological order.
(e) 
Hours. All garage sales shall be conducted between the hours of 8:00 A.M. and 5:00 P.M. only.
(f) 
Signage. No signs for advertising or directing customers are to be posted on any place other than the premises where the sale is to be held. The sign shall not exceed six (6) square feet in size and shall not be placed on the premises earlier than one (1) week prior to the sale and must be removed within twenty-four (24) hours after the sale has terminated.
(g) 
Nontransferability permit. No permit issued by the City shall be transferable by the permittee to any other person, nor shall the place of the sale be changed without cancellation of the permit and issuance of a new permit upon application and payment of the required fee for the new location.
(h) 
Enforcement.
(1) 
This Section shall be enforced by the City Code Enforcement Officer.
(2) 
The permittee is hereby made responsible for the maintenance of good order.
(3) 
No permittee shall permit any loud or boisterous conduct on the premises where the sale is being held or permit vehicles to impede passage of the traffic on any roads or streets in the area of the premises where the sale is being conducted.
(i) 
Fire exceptions. The provisions of this section shall not apply to or affect the following persons or sales:
(1) 
Persons selling goods pursuant to an order or process of a court of competent jurisdiction.
(2) 
Persons acting in accordance with their powers and duties as public officials.
(3) 
Any bona fide, charitable, and religious organizations or associations organized not for profit which will apply the entire proceeds of the garage sale to the charitable or religious purposes of the organization shall be exempt from payment of the fee. The production of a certified copy of a certificate of incorporation pursuant to Title 15 of the Revised Statutes of New Jersey shall be presumptive evidence of the right of such organization to this exemption.
(j) 
Violations and penalties. Any person, family group, corporation or other entity conducting any such sale or similar activity without a proper permit therefor or who shall violate or fail to comply with any of the terms and provision of this section or any other rules, regulations or provision adopted or approved by the Council shall be deemed in violation of this section and shall be liable for a fine not to exceed Three Hundred Dollars ($300.00), plus costs of prosecution. Each day that such sale or violation continues shall be considered and shall constitute a separate offense.