[HISTORY: Adopted by the Township Council
of the Township of Parsippany-Troy Hills by Ord. No. 94:8. Amendments
noted where applicable.]
It shall be unlawful for any public dance hall,
public assembly hall, nightclub, cabaret, theater, movie house, social
club, restaurant and/or any person, partnership or corporation occupying
any building, buildings or parts of buildings 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 Township 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.
[Amended by Ord. No. 94:38]
A.
Any person desiring a license under this chapter shall
file with the Township Clerk an original application under oath, in
writing, on a form furnished by the Township Clerk.
B.
The application shall set forth the following information:
(1)
The applicant's name, business name and business address.
(2)
Whether the applicant is an individual, a partnership,
a corporation or another entity and, if another entity, a full explanation
and description thereof.
(3)
If the applicant is an individual, the applicant's
residence address and date and place of birth.
(4)
If the applicant is a partnership, the full names,
residence addresses, dates and places of birth of each partner.
(5)
If the applicant is a corporation or other entity:
(a)
In the case of a corporation, the full names,
residence addresses, dates and places of birth of each major officer
and each stockholder, the name and address of the registered agent
and the address of the registered agent and the address of the principal
office. The term "stockholder," as used herein, means and includes
any person owning or having an interest, either legal or equitable,
in 10% or more of the stock issued and outstanding of the applicant
corporation.
(b)
In the case of another entity, the full names,
residence addresses, dates and places of birth of each person owning
or having an interest, either legal or equitable, aggregating in value
10% or more of the total capital of said entity, the name and address
of the registered agent, if any, and the address of the principal
office.
(6)
Whether the applicant or any partners, officers or stockholders listed pursuant to Subsection B(3),(4) or (5) have ever been arrested or convicted of a crime and, if so, the name of the person arrested or convicted, the date of arrest, the crime or charge involved and the disposition thereof.
(7)
The number of plenary retail consumption licenses
held by the applicant, if any.
(8)
A specific description of the nature and type of entertainment
to be provided on the licensed premises.
C.
Upon receipt of such application, the Township 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
Township Clerk shall submit the same to the Township Council for its
consent and approval.
E.
The Township Council shall consent to and approve
the issuance of such permit, unless it reasonably finds that 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 Township of Parsippany-Troy
Hills and its inhabitants.
F.
The Township 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 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 Township 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 Township Council
of the issuance of a license, the Township 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 of the Township, the Board of Education
or any agency or organization thereof or any charitable organization
hosting an event is exempt from the licensing requirement herein imposed.
Any permit issued under this chapter may be revoked by the Township Council if the Township Council shall determine that there are reasonable grounds upon which to revoke any such permit, such grounds being the same grounds upon which the Township Council may refuse to consent to and approve the issuance of such license as set forth in § 145-2 above. It shall cause a notice to be served, in writing, upon the licensee or other person in charge of the premises for which such license has been issued, citing the licensee to appear before the Township Council at the time and place designated in the notice to show cause why such license should not be revoked. Notice may be served upon the licensee by personal service or by registered or certified mail addressed to the licensee's last known address. The hearing shall be not less than 10 days from the date of service of the notice. The licensee shall be afforded a hearing before the Township Council prior to the final revocation of the license.
A.
The fee for the entertainment license shall be $1,000
per year or any part thereof. The fee shall accompany the application
for the license.
[Amended 5-24-2016 by Ord. No. 2016:09]
