[HISTORY: Adopted by the Council of the City of Perth Amboy 7-8-2009 as Ord. No. 1473-2009. Amendments noted where applicable.]
As used in this chapter, the following terms shall have meanings
indicated:
Any person or group of persons, association, corporation
or other business entity, which owns, leases, operates, utilizes or
controls premises which are used for the purpose of gathering for
or promoting athletic sports, contests, exhibitions, classes or gymnasium
and not for profit.
Any person or group of persons, association, corporation
or other business entity, which owns, leases, operates, utilizes or
controls premises for purposes described in this chapter.
Any person or group of persons, association, corporation
or other business entity, which owns, leases, operates, utilizes or
controls premises which are used for the purpose of gathering for
social intercourse and entertainment and not for profit (excluding,
however, fraternal organizations of state or national scope and religious
organizations).
It shall not be lawful for any person or persons, association
or corporation to operate, lease, use or control any premises in the
City of Perth Amboy for the purpose of an athletic club or a social
club without having first obtained a license from the City Clerk to
do so.
[Amended 9-28-2011 by Ord. No. 1604-2011]
A.Â
The City Clerk is hereby authorized to issue such a license, upon
approval by the Mayor and City Council, upon payment by the applicant
of an annual fee of one hundred fifty dollars ($150).
B.Â
A background check is required for each applicant. The applicant
shall be responsible for the cost. The background check is good for
three (3) years.
Every such license shall remain in force and be valid up to
December 31 of each year, unless suspended or revoked by the Mayor
and City Council.
The violation of any city, county, state or national ordinance,
statute or regulation, or the operation of the premises in a disorderly
manner shall constitute sufficient cause for the suspension or revocation
of said license. As a specific standard, the following activities
also shall be deemed injurious to the public health and welfare and
therefor prohibited: lewd acts; loud and excessive noises within and
upon the premises; loud, unruly or profane language; public drunkenness;
overcrowding; public urination; brawls; acts of violence; possession
of weapons; possession, sale or use of any unlawful drug, narcotic
or controlled substances; violation of laws and regulations of the
State Division of Alcoholic Beverage Control; violation of the permissible
hours of operations. The operation of a club in violation of the terms
of this chapter or the failure of a licensee or its members to cooperate
with the investigation of any complaint or with the inspection of
the licensed premises by city authorities shall likewise constitute
sufficient cause to revoke or suspend a license.
The City Council may suspend or revoke a license for sufficient
cause after written notice to the licensee and an opportunity to be
heard. The written notice shall notify the licensee of the basis for
the proposed action and shall include copies of any and all written
complaints, violations and reports relating to the proposed suspension
or revocation. If the licensee requests a hearing, it shall be scheduled
not less than ten (10) days after the issuance of the notice of proposed
action and shall be conducted by designee(s) of the Mayor and Council,
at their discretion, who shall issue findings and recommendations
to the City Council.
A license shall apply only to designated and licensed premises
and the person or persons, association or corporation to whom it is
granted and shall not be transferable.
The Police Department, Department of Code Enforcement and Zoning
Office are authorized to enforce the provision of this chapter and
shall maintain records of all complaints against and violations by
license holders. Quarterly records of any such complaints or violations
shall be submitted to the office of the Business Administrator and
shall be reviewed by the City Clerk, Mayor and Council prior to action
on any application for license renewal.
Any social and athletic club licensed under this chapter shall
not operate said facility between the hours of 12:00 a.m. and 10:00
a.m., without specific written approval from the Mayor and City Council
of the City of Perth Amboy.
Any person, persons, association, corporation or other business
entity violating this chapter or conducting any premises as a social
or athletic club, as herein defined, without a license, or after the
license shall have been suspended or revoked, shall be subject to
one or more of the following: forfeit and pay a fine of not more than
one thousand dollars ($1,000) for each and every offense; be subject
to a term of imprisonment not exceeding ninety (90) days or be subject
to a period of community service not exceeding ninety (90) days.
Nothing in this chapter shall apply to or require the obtaining
of a license under this chapter by an entity or organization that
holds a valid alcoholic beverage license issued by the State of New
Jersey; or to:
A.Â
Any person desiring a license under this chapter shall file with
the City Clerk an original application under oath, in writing, on
a form furnished by the City Clerk.
B.Â
The application shall set forth the following information:
(1)Â
The club or organization name, street address, lot and block of the
premises proposed to be licensed;
(2)Â
A copy of a valid certificate of occupancy for the premises;
(3)Â
The applicant's name, business name and business address.
(4)Â
Whether the applicant is an individual, partnership, corporation
or another entity and, if another entity, a full explanation and description
thereof.
(5)Â
If the applicant is an individual, the applicant's residence
address.
(6)Â
If the applicant is a partnership, the full name and residence address
of each partner.
(7)Â
If the applicant is a corporation or other entity:
(a)Â
In the case of a corporation, the full names and residence address,
of each major officer and each stockholder, the name and address of
the registered agent and the address of the principal office upon
whom and where service of process is authorized to be made (the term
"stockholder" as used herein means and includes any person having
an interest, either legal or equitable, in ten percent (10%) or more
of the stock issued and outstanding of the applicant corporation);
(b)Â
In the case of another entity, the full name and residence address
of each person owning or having any interest, legal or equitable aggregating
in value ten percent (10%) or more the total capital of said entity,
the name and address of the registered agent, if any, and the address
of the principal office, if any, upon whom and where service of process
is authorized to be made.
C.Â
By accepting a license the licensee and its members consent to inspection
of the premises by agents of the City of Perth Amboy authorized to
enforce the provisions of this chapter. Every licensee and member
of the club shall facilitate any investigation or inspection of the
licensed premises conducted by authorized agents of the City of Perth
Amboy. Failure to cooperate with city officials shall be considered
hindering an investigation and shall constitute a violation of this
chapter.
An application for renewal of a license shall be submitted to
the City Clerk not later than October 1 prior to the January 1 renewal
date.
Nothing in this chapter shall be interpreted or applied to waive,
supersede or rescind any existing law, ordinance or regulation.
