[HISTORY: Adopted by the Mayor and Board of Aldermen of the Town of Boonton 12-17-1990 as Sec. 5-11 of the 1990 Code. Amendments noted where applicable.]
The purpose of this chapter is to make it unlawful for the holder of any license for the sale of alcoholic beverages to permit dancing, exhibitions, or entertainment, which shall hereinafter collectively be referred to as "entertainment," in or on the licensed premises except as hereinafter provided.
An application to permit the aforesaid activities shall be made to the Mayor and Board of Aldermen and shall be accompanied by an application fee as provided in Chapter 130, Fees, Article III, Fee Schedule. Such application shall contain the following information:
[Amended 9-6-2011 by Ord. No. 15-2011; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A copy of the most recent application submitted for the purpose of obtaining a liquor license for the premises.
A detailed description of the anticipated type of dancing, entertainment and exhibitions.
A site plan of the licensed premises indicating the following: the area to be utilized for the aforesaid activity; all means of ingress and egress to the building; any parking facilities available on premises; a general description of the neighborhood surrounding the licensed premises showing the location of all buildings on adjoining premises.
The application shall be certified that the proposed use meets all the requirements of this chapter and all other ordinances of the Town and the laws of the state. The application shall be sworn to and certified before an officer authorized to take oaths.
Copies of the application shall be forwarded to the Building Inspector, Health Officer, Chief of Police and Fire Officials for proper investigation of premises in order to determine compliance of the application with this chapter and all laws and regulations of the state and the Town. The conclusions of these investigations shall be made in writing and copies shall be forwarded to the Mayor and Board of Aldermen within 30 days of the receipt of the application by the Town Clerk.
Within 30 days of the receipt by the Mayor and Board of Aldermen of the investigations by the aforementioned officials, a public hearing shall be conducted by the Mayor and Board of Aldermen to determine whether the applicant and the applicant's premises meets the requirements of this chapter and any and all laws and regulations of the state and the Town. The Mayor and Board of Aldermen shall also consider community sentiment concerning public disturbances caused by entertainment-related activities both within and without the subject premises. Notice of the public hearing shall be advertised in the official newspaper of the Town by the applicant at least 10 days prior thereto. The applicant shall notify by certified mail, return receipt requested, all residents and property owners within 200 feet of the subject premises, of the hearing and shall state in the notice the purpose of the public hearing. If the investigation of the aforementioned officials is favorable to granting the applicant's entertainment permit, it shall be at the discretion of the Mayor and Board of Aldermen to waive the public hearing and issue the entertainment permit.
All entertainment permits shall be issued to be valid for one year from the date of issuance.
Upon the expiration of an entertainment permit issued hereunder, the holder of such permit shall reapply to the Mayor and Board of Aldermen as is provided in § 124-2.
Every person licensed in accordance with the provisions of this chapter shall immediately post such license and keep the same posted while in force in a conspicuous place on the premises mentioned in the application for such license.
An entertainment permit may be suspended or revoked by the Mayor and Board of Aldermen for any violation of this chapter, upon the recommendation of either the fire officials, Health Officer, Chief of Police, or the Code Enforcement Official, or for any grounds the Mayor and Board of Aldermen would have considered during the initial application of the permit holder.
Suspension or revocation without a hearing shall only be instituted in the event of an extreme situation endangering the health or safety of the public, in which case a hearing after proper notice shall be held within 15 days of such suspension or revocation.
Notice of the Mayor and Board of Aldermen'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 Mayor and Board of Aldermen within 60 days. 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.
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 Town Chief of Police and such approval shall not be unreasonably withheld.
[Amended by Ord. No. 6-95]
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, character and duration as to disturb the peace, tranquility and good order of the people of the Town.
It shall be unlawful for any person licensed under the provisions of this chapter to permit any disorderly, noisy, riotous, or tumultuous conduct about the licensed premises.
[Amended 3-17-2003 by Ord. No. 7-2003]
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 cabaret licensed under the provisions of this chapter.
Lewd entertainment prohibited. No licensee shall engage in or shall allow, permit or suffer any person employed to perform dancing or other entertainment in or upon the licensed premises or to carry on any part of such dancing or other entertainment in a lewd, licentious or lascivious manner.
Topless or bottomless dancing prohibited. No licensee shall engage in or shall allow, permit or suffer any person to appear on the premises of any establishment licensed for entertainment in any act, scene, sketch or other form of entertainment, including dancing, for the benefit of patrons, with either or both breasts or the lower part of the torso uncovered or so thinly covered or draped so as to appear uncovered, such as in the manner of topless or bottomless dancing.
Indecent exposure by employees. No licensee shall employ, allow, permit or suffer any waitress, waiter, bartender, barmaid or any other person employed by the licensee for a purpose other than providing entertainment, if such person comes in contact with or is likely to come in contact with the patrons of said licensed establishment, to appear in the presence of such patrons with either or both breasts or the lower part of the torso uncovered or so thinly covered or draped so as to appear uncovered.
Age restrictions. No licensee shall engage, employ, allow, permit or use entertainers under the age of 18 years.
Indecent performances prohibited. No licensee shall employ, allow, permit or suffer in and upon the licensed premises any person to perform for hire or for the entertainment of patrons any dances, ballet, acrobatics or public performances of any kind which:
The provisions of this chapter shall not apply to the activities conducted in a building or buildings owned by any church, public school, firehouse or clubhouse which is not conducted for gain or profit.
[Amended by Ord. No. 6-95]
Any person who shall violate any of the provisions of this chapter shall, upon conviction, be liable to the penalty stated in Chapter 1, General Provisions, Article III, General Penalty. Each violation of any provision of this chapter and each day the same is violated shall be deemed and taken to be a separate and distinct offense. In addition, any person who violates this chapter shall be subject to the suspension or revocation of his entertainment permit in accordance with the provisions of § 124-8 hereinabove.