[Adopted by the Board of Commissioners of
the Town of Montclair 4-15-1980 by Ord. No. 80-12 as Art. III of Ch. 72
of the 1979 Code]
As used in this article, the following terms
shall have the meanings indicated:
Includes, severally as well as collectively, the following:
Circuses, concerts, exhibitions, merry-go-rounds,
motion-picture exhibitions, plays, skating rinks, street amusements
or street exhibitions, theatrical performances and traveling and other
shows.
The places or premises in which the different kinds of amusement businesses enumerated in Subsection A hereof are conducted.
Cabaret entertainments and entertainments in
any places where food and drink are served.
Bowling alleys.
Pool and billiard rooms.
Dance halls.
Places wherein miniature car racing or slot
car racing is carried on, slot track centers and model CSR raceways.
The purpose of this article is to license and regulate the amusement businesses as defined in § 78-1.
It shall not be lawful for any person to conduct, carry on, operate, exhibit or promote any amusement business defined in § 78-1 without first having obtained a license so to do.
No license shall be issued under this article
for any amusement business unless the applicant files with the Municipal
Clerk a written application setting forth the following:
A.
In the case of circuses, concerts, exhibitions, merry-go-rounds,
motion-picture exhibitions, plays, skating rinks, street amusements
or street exhibitions, theatrical performances, traveling and other
shows, miniature car racing, slot car racing, slot track centers and
model CSR raceways:
(1)
The name and address of the applicant.
(2)
The nature of the business to be conducted and carried
on.
(3)
The places, premises or locations at which the business
is to be conducted and carried on.
(4)
A description of the building, if any, or of the nature
of the structure or conveyance in or upon which the business will
be conducted or carried on.
(5)
If a building is to be used, a detailed sketch of
the premises and a statement that the building complies with all requirements
of the Building Code, Health Code, Zoning Ordinance and all other
ordinances and laws applicable thereto.[1]
(6)
If the said business is to be conducted in a conveyance
or vehicle of any sort, a showing that it is in a good mechanical
and safe working condition, and in addition thereto, satisfactory
evidence that the applicant carries public liability insurance covering
injuries or damage to any person arising out of or causally related
to the operation of the business or the entertainment features of
the business, of not less than $25,000.
(7)
An agreement to abide by all the requirements of this
article and of any amendments thereof and supplements thereto.
B.
In the case of cabaret entertainments and entertainments
in any place where food and drink are served, the application shall
set forth that a certificate of occupancy has been filed with the
Municipal Clerk indicating the number of exits and entrances, the
seating capacity, the precautions against fire, the building stresses
and such other conditions or requirements as may be prescribed by
the Township Council in order that it may be determined whether the
granting of a license will constitute a hazard to the health, morals
and safety of the public.
C.
In the case of pool and billiard rooms and bowling
alleys:
(1)
The number of pool or billiard tables or bowling alleys
for which a license is requested.
(2)
The address of the place wherein said pool or billiard
tables are to be kept or the bowling alleys are to be located.
(3)
The name of the person owning or operating said pool
or billiard tables or bowling alleys.
(4)
An agreement to close the room or store in which pool
and billiard tables are operated during the following hours: from
1:00 a.m. each night until 7:00 a.m. the following morning, except
on Sunday, when said rooms shall remain closed until 1:00 p.m. the
same day.
(5)
An agreement to close the rooms in which bowling alleys
are operated during the following hours: from 1:30 a.m. each night
until 7:00 a.m. the following morning, except on Sunday, when said
rooms shall remain closed until 9: 00 a.m. the same day.
D.
In the case of dance halls:
(1)
The location at which the dance hall is to be operated.
(2)
The names and addresses of the owners of the premises.
(3)
The names and addresses of the operators of the dance
hall, and where the operator is a corporation, the names and addresses
of all officers, directors and stockholders of said corporation.
(4)
A sketch of the premises showing the portion or portions
of the premises that will be used as a dance hall and all entrances
thereto and exits therefrom.
(5)
The maximum number of persons proposed to be admitted.
(6)
An agreement to close and to refrain from operating
the dance hall between the hours of 1:00 a.m. and 8:00 p.m. on weekdays,
and to close and refrain from operating the dance hall all day Sunday
(between the hours of 12:01 a.m. and 12:00 midnight on Sunday).
E.
In the case of miniature car racing, slot car racing,
slot track centers and model CSR raceways, the application shall also
contain an agreement that the premises shall be closed and not be
operated between the hours of 1:00 a.m. and 7:00 a.m. on weekdays
and between 12:01 a.m. Sunday and 7:00 a.m. the succeeding Monday.
Every license issued pursuant to this article
for a motion-picture theater or exhibition shall be subject to the
following additional terms and conditions, and every applicant for
such license in accepting the license agrees to abide by and comply
with the said terms and conditions:
A.
The building in which the exhibition is conducted
shall in all respects comply with the requirements of laws of the
state and of all ordinances of the Township respecting such building.
B.
No person under the age of 14 years shall be admitted
or allowed or permitted to enter the premises for the purpose of viewing
a motion-picture exhibition unless accompanied by his or her parent
or legal guardian or person standing in loco parentis.
C.
The schedule of fees for admission shall be uniform.
D.
The licensee shall be responsible for any disorder.
E.
Any police officer, fire fighter or member of the
Township Council may enter the licensed place or premises at any time
for the purpose of inspection and to enforce obedience to the laws
of the state and the ordinances of the Township.
F.
The Building Inspector shall have access to the licensed
place or premises at all times.
G.
Any motion picture that is lewd, obscene or indecent
shall not be exhibited.
Licenses shall be issued by the Municipal Clerk
upon the conditions prescribed in this article.
A.
No license shall be issued by the Municipal Clerk without the approval of the Chief of Police and the Township Manager and unless the license fee prescribed in § 78-38 shall have been paid.
[Amended 5-23-2000 by Ord. No. 00-19]
B.
Licensees; location of premises.
(1)
No license for a pool and billiard room or for a bowling
alley shall be issued to a natural person who is under legal age or
who has been convicted of a crime or crimes, and no license for a
pool and billiard room or for a bowling alley shall be issued to a
corporation where any stockholder, officer or member of the board
of directors is under 21 or has been convicted of a crime.
(2)
No application for a pool and billiard room or for a bowling alley shall be approved where the premises at which it is proposed to carry on said amusement business is situated in any residential zone or in any neighborhood business district. For the purposes of this section, a "neighborhood business district" is defined as any area within the Township of Montclair not exceeding 12 acres of contiguous business office and professional office zone, commercial zone and manufacturing zone as defined and delineated by the terms and provisions of Chapter 347, Zoning, of the Code of the Township of Montclair.
Every license issued pursuant to this article
shall remain in force and be valid only for the period of time therein
expressed.
Each license shall apply only to the person
to whom granted. No license shall be transferable or assignable.
The person to whom a license is granted shall
exhibit such license in a public place within the premises where the
licensed business is conducted.
[Amended 12-21-1982 by Ord. No. 82-50; 3-31-1987 by Ord. No.
87-10; 5-23-2000 by Ord. No. 00-19]
Fees for licenses issued under this article,
which shall be paid upon the filing of the license application, shall
be as follows:
|
Type of License
|
Fee
| |
|---|---|---|
|
Bowling alleys, per year for each bowling alley
|
$25
| |
|
Cabaret entertainments, per year
|
$300
| |
|
Circuses, per day
|
$150
| |
|
Concerts, per day
|
$5
| |
|
Dance halls, per year
|
$300
| |
|
Entertainments in any place where food and drink
are served, per year
|
$300
| |
|
Exhibitions, per day
|
$5
| |
|
Merry-go-rounds, per year
|
$50
| |
|
Miniature car racing, slot car racing, slot
track centers and model CSR raceways
| ||
|
For each track assembly containing 4 or fewer
slot tracks, per year
|
$25
| |
|
For each track assembly containing more than
4 slot tracks, per year
|
$35
| |
|
Motion-picture theaters or exhibitions
[Amended 7-7-2009 by Ord. No. O-032-09] | ||
|
For each theater or exhibition, per year
|
$500
| |
|
For each additional theater or exhibition at
the same address or within the same building, per year
|
$350
| |
|
Plays, per day
|
$5
| |
|
Pool and billiard rooms, per year, for each
pool or billiard table
|
$10
| |
|
Skating rinks, per year
|
$250
| |
|
Street amusements or street exhibitions, per
year
|
$50
| |
|
Theatrical performances, per year
|
$250
| |
|
Traveling and other shows, per day
|
$100
| |
A.
In the case of bowling alleys and pool and billiard
rooms conducted for nonprofit purposes, and in the case of concerts,
exhibitions and plays conducted for charitable or local nonprofit
purposes, no fee shall be charged for a license.
B.
The Township Manager may, in his or her discretion, upon application, authorize the Municipal Clerk to issue a license for any amusement business subject to this article without the payment of the license fee prescribed in § 78-11 if the whole net proceeds of the activity are to be devoted to a local organization exclusively engaged in charitable or benevolent activities.
Licenses for the exhibition of motion pictures
shall include the right to conduct motion-picture exhibitions on the
licensed premises on Sunday after 1:00 p.m.
During the hours in which motion pictures or
theatrical performances are being conducted, no smoking shall be permitted
in the orchestra, loge or balcony of the theater building or premises.
Any license issued under this article may be
revoked by the Township Manager for violation of the terms of the
license, violation of any ordinance of the Township or of any state
or federal statute, or for making false statements in the application
for a license. The licensee shall be granted a hearing by the Township
Manager upon request of the licensee.
[Amended 5-23-2000 by Ord. No. 00-19; 4-10-2007 by Ord. No.
07-17]
Any person who violates any provision of this
article shall, upon conviction thereof, be punished by a fine not
exceeding $2,000, imprisonment in the county/municipal jail for a
term not exceeding 90 days, or a period of community service not exceeding
90 days, or any combination thereof as determined by the Municipal
Court Judge. Each day on which a violation of an ordinance exists
shall be considered a separate and distinct violation and shall be
subject to imposition of a separate penalty for each day of the violation
as the Municipal Court Judge may determine.
