Township of Cedar Grove, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Cedar Grove 12-29-1952, Ch. 7, Art. 5, of the former Revised Ordinances; amended in its entirety 8-27-1979 by Ord. No. 79-104. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Amusement devices — See Ch. 86.
Bingo and raffles — See Ch. 97.
Curfew — See Ch. 122.
Filming — See Ch. 135.
Golf courses and driving ranges — See Ch. 153.
Noise — See Ch. 176.
Public health nuisances — See Ch. 179.
Peace and good order — See Ch. 188.
STATUTORY AUTHORITY
Adoption of police ordinances — See N.J.S.A. 40:69A-29.
As used in this chapter, the following terms shall have the meanings indicated:
CABARET
A place where live musical or nonmusical entertainment is presented in a restaurant or cafe which serves alcoholic beverages and where no patron dancing or performing is permitted.
[Amended 10-1-1979 by Ord. No. 79-111]
DANCE HALL
Premises in which musical entertainment and patron dancing or performing is permitted as the primary activity at any time and where admission is charged. Special private affairs and functions by local charitable and governmental organizations (such as religious institutions, municipal agencies, educational institutions, etc.) conducted on an irregular basis (not more than once per month) shall not subject the premises or the owner of the premises to licensing as a dance hall.
[Amended 10-1-1979 by Ord. No. 79-111]
MISCELLANEOUS AMUSEMENT BUSINESSES
Premises in or upon which all other types of entertainment or amusement businesses not included within the definitions of "cabaret," "nightclub" or "dance hall" are conducted and including, without limitation, the following traveling and other shows; circuses; theatrical performances; motion-picture exhibitions; concerts; skating rinks; bowling alleys; portable amusement rides; and any other types of amusements or entertainment where food and drink are served.
NIGHTCLUB
Where patron dancing or performing is permitted to any type of musical presentation, as an adjunct or secondary to the primary business of the owner being conducted on the premises at any particular time (such as restaurant, cafe, theater production, special private affairs, etc.).
[Amended 10-1-1979 by Ord. No. 79-111]
No persons shall conduct, carry on, exhibit or promote any type of business or activity defined in §88-1 of this chapter in any place, building, structure or premises within the Township without first having obtained the appropriate license(s) therefor as hereinafter provided.
A. 
Applications, in the form provided by the Township, for a license under this chapter shall be filed with the Township Clerk at least 60 days prior to the operation of any business or activity or the conduct of any scheduled event regulated by this chapter.
B. 
The application shall set forth:
(1) 
The name and address of the individual applicant (licensee) or, if the applicant is a partnership, the names and addresses of each of the partners. In the case of a corporate applicant, the names and addresses of the corporate officers and the names and addresses of each stockholder of record holding 10% or more stock interest in said corporation.
(2) 
The kind of enterprise or business, set forth in §88-1 of this chapter, to be conducted and the activity to be carried on for which a license under this chapter is required and sought. If dance hall activities are to be conducted on an exempt or irregular basis, a description of the type of function, the expected patronage, how often the affairs will be conducted and all other details of the excepted activity.
(3) 
The location and description of the place or premises and building or structure wherein or whereon the business or activity regulated by this chapter is sought to be licensed or is to be conducted and carried on.
(4) 
A plan showing the location on the premises of buildings or the nature of the structure or conveyance in or upon which the business will be conducted or carried on and the seating or other patron capacity of any such building or other structure or conveyance and designated areas for parking, including ingress and egress, and what provisions will be made for adequate traffic control and circulation on and off the premises and sanitary facilities. If a building is to be used, it shall comply with all requirements of the Uniform Construction Code, Fire Prevention Code, Health Code and Zoning Ordinance[1] of the Township and all laws of the state applicable thereto.
[1]
Editor's Note: See Ch. 119, Construction Codes, Uniform; Ch. 137, Fire Prevention; Ch. 179, Nuisances, Public Health: and Ch. 268, Zoning.
(5) 
In the case of cabarets, nightclubs and dance halls to be conducted in a place where food and drink are served, the application shall further set forth that a certificate of occupancy has been filed with the Township Clerk, the number of exits and entrances, seating and other patron capacity and the type of music and other entertainment to be provided in the case of dance halls, specifying with particularity the manner of reproduction of the music, the type and description of any and all equipment to be utilized in the musical reproductions and visual effects, the maximum decibel reading on the A scale to be produced outside the building at the nearest residential property line to said building and such other information as may be required by applicable ordinances and regulations of the Township, which may indicate that the granting of such license shall not constitute a hazard to health, morals or the safety of the public.
[Amended 10-1-1979 by Ord. No. 79-111]
(6) 
In the case of bowling alleys, the application shall further set forth the number of bowling alleys for which licenses are required and the name of the person owning said place where said bowling alleys are to be located and the name of the owner of the bowling alley business.
(7) 
In the case of cabarets, nightclubs and dance halls, the application shall include a site plan of the building and all contiguous land areas to be provided by the owner for parking, specifically indicating the size of each parking place and the number so provided. In case of dance halls, the applicant shall provide on-premises parking for the full desired capacity of the dance hall during the conduct of said business or activity. Parking spaces accommodating automobiles equal to 33 1/3% of the maximum number of patrons to be admitted shall be deemed compliance. Patron capacities shall not, however, exceed capacities prescribed by the certificate of occupancy or other provisions of the Township Code. Failure to restrict patron capacity to the parking spaces available in its request for a dance hall license or failure to comply with the restriction on patron capacity in the premises during any dance hall activity shall be grounds for refusing to issue, suspension or revocation of the dance hall license and a violation of this chapter.
[Amended 10-1-1979 by Ord. No. 79-111]
(8) 
The consent or agreement of the applicant to abide by all the provisions, terms and conditions of this chapter and of any amendments and supplements thereto.
The Township Clerk shall issue a license requested under this chapter only after the license fee prescribed in §88-5 has been paid and the application for a specific license shall have been approved by the Chief of Police and Fire Inspection Bureau. In the case of the cabaret, nightclub and dance hall licenses, the Clerk shall not issue such license until the Township Council has approved the same after receiving reports from the Chief of Police, Fire Inspection Bureau and such other municipal official who may have jurisdiction over any element of the application. License approvals may be withheld for the following reasons:
A. 
The premises where the business or activity regulated by this chapter is to be conducted is unsafe or the manner in which the said business is to be conducted renders the premises unsafe for such business or activity.
B. 
The individual applicant or any partner of a partnership applicant or any stockholder of a corporate applicant holding 10% or more stock interest in said corporation, manager or operator has been convicted of a crime or is otherwise not of good moral character.
C. 
The applicant has violated any prior license requirement under this chapter or any predecessor ordinance regulating similar activities.
D. 
The proposed business or activity shall require additional or unusual policing or regulation by Township personnel beyond that normally provided by the Township.
E. 
The business or activity proposed by the application is in any way unlawful, is inherently detrimental to the health, morals and safety of the public or produces an unfavorable or adverse effect upon the proper operation of the community for the public good that cannot reasonably be controlled by police and safety regulation.
[Amended 10-1-1979 by Ord. No. 79-111]
F. 
The application for a license fails to comply with any other requirement of this chapter or other ordinance provisions of the Township or state law.
G. 
There is a falsification in the application for license.
A. 
The fees for licenses under this chapter shall be as follows:
(1) 
Circuses: $150 per diem.
(2) 
Traveling and other shows: $100 per diem.
(3) 
Plays, exhibitions and concerts: $5 per diem.
(4) 
Theatrical performances, motion-picture exhibitions and skating rinks: $250 per annum.
(5) 
Cabarets and entertainments in any place where food and drink are served, the premises of which are not already licensed for theatrical performances, nightclubs or as dance halls: $100 per annum.
(6) 
Nightclubs which are not already licensed for theatrical performances or as dance halls: $250 per annum.
(7) 
Dance halls: $250 for each six-month license period. A new application shall be required for each license.
[Amended 12-7-1981 by Ord. No. 81-167]
(8) 
Portable amusements rides, including but not limited to merry-go-rounds, miniature Ferris wheels and whips mounted on trucks: $10 per vehicle per annum.
(9) 
Bowling alleys, for each alley: $10 per annum.
(10) 
All other enterprises of amusement or entertainment not specifically covered by the above: $100 per annum.
B. 
The Township Council may, in its discretion on application, authorize the Township Clerk to waive the license fee herein indicated for any activity governed by this chapter, provided that the applicant-licensee has complied with all other provisions for the issuance of said license and the whole net profits of the activity are to be devoted to a local organization exclusively engaged in charitable or benevolent activities.
A. 
Licenses requiring the payment of an annual fee shall be issued for a term of one year, commencing January 1 and terminating on December 31 of the year of issuance.
B. 
Licenses requiring the payment of a per diem fee shall be issued for the time therein expressed.
C. 
Dance hall licenses shall be limited, when issued, to a term of six months.
Licenses issued under this chapter shall not be transferable from person to person or place to place.
All licenses issued under this chapter shall be posted and displayed in a conspicuous place, viewable by the public, upon the licensed premises where the business or activity regulated by this chapter is conducted.
A. 
No bowling alley shall be used or operated during the following hours:
(1) 
On Sundays between the hours of 2:30 a.m. and 1:00 p.m.
(2) 
On weekdays and Saturdays between the hours of 2:30 a.m. and 7:00 a.m.
B. 
No dance hall shall be used or operated on Sunday between the hours of 2:30 a.m. and 12:00 p.m.
A. 
The provisions of this section shall apply to any license issued pursuant to this chapter to exhibit motion pictures and shall be subject to the terms and conditions hereinafter set forth in this section, and every applicant for such license in accepting the license agrees to abide by and comply with the said terms and conditions.
B. 
The licensee shall be responsible for any disorder.
C. 
During the hours in which motion pictures or theatrical performances are being conducted, no smoking shall be permitted in the auditorium or any portion of the theater building except in the lobby and rest rooms. Conspicuous "no smoking" signs must be prominently displayed in the lobby and on each door leading to the auditorium, and a "no smoking" notice must be flashed on the screen for a minimum of 15 seconds at least once before each performance.
D. 
Any police officer, fireman or the Building Inspector may enter such place at any time to inspect the same and enforce any applicable law or ordinance.
E. 
Any motion picture to be exhibited shall comply with the ratings or schedules adopted by the motion-picture industry as to type of picture, recommended viewing public and setting forth age groups for viewing such pictures.
F. 
Where the age of the person applying for admission is not visibly apparent as being above any restricted age, such person shall supply proof of age and certify in writing as to his age, which certification shall be dated and retained by the licensee for a period of 30 days and during that time shall be subject to inspection by the Police Department of the Township.
G. 
No motion picture shall be exhibited unless it is clearly indicated in the advertisement thereof the type of picture to be shown as established by the ratings or schedules of the motion-picture industry and for the age group for which it is recommended.
H. 
No motion picture shall be exhibited without posting prominently in front of the theater the classification of the type of film to be exhibited as established by the ratings and schedules of the motion-picture industry and for the age group for which it is recommended.
I. 
No preview of any film shall be shown or any scene or scenes from such a film which is restricted to mature audiences on the same program with a film recommended to a family audience as classified by the ratings and schedules of the motion-picture industry.
J. 
It shall be unlawful for any person:
(1) 
To give his age falsely as 18 years of age or over for the purpose of gaining admittance to an exhibition of a film restricted to a young person of such age as classified by the ratings and schedules of the motion-picture industry.
(2) 
To enter or remain in the viewing room of any theater where a film is being exhibited which is restricted to a young person of such age.
(3) 
No person shall stand in any aisle or passageway or place any obstruction or thing in any such aisle or passageway of any motion-picture theater licensed thereunder.
(4) 
To sell, procure for or give any person a ticket to an exhibition of a film restricted to such person.
(5) 
To make any false statements for the purpose of enabling any young person to gain admittance to an exhibition of a film when such film is restricted to a young person of such age.
K. 
Nothing in this section shall be construed to regulate public exhibitions preempted by the Annotated Statutes of the State of New Jersey, as amended.
L. 
Any person who violates any provision of this section and is subject to prosecution in the Municipal Court shall, upon conviction thereof, be subject to the penalty provided in §88-12 of this chapter. Any other person who shall violate any provisions of this section and is not subject to prosecution in the Municipal Court shall be punished in such other courts of this state as shall have jurisdiction in accordance with the law.
[1]
Editor's Note: See Ch. 135, Filming.
A. 
Any license issued under this chapter may be suspended or revoked by the Township Council of Cedar Grove by reason of the violation of the terms of the license, failure to comply with the representation of operations contained in the license application, falsification of the license application, violation of any other ordinance of the Township or statute of the State of New Jersey or upon any other grounds for which a license may be denied. Where a license revocation or suspension is proposed to the Township Council by any person, the Council shall require a detailed statement of the reasons for such revocation or suspension and shall direct the Chief of Police and the Fire Prevention Bureau, or such other official of the Township who may have authority with respect to the area of responsibility involved in the revocation and suspension, to provide a detailed report to the Township Council within 10 days thereof. Any licensee charged with a violation which may subject his license to revocation or suspension shall have the right to request a hearing to be held within 10 days thereafter to determine whether his license shall be revoked or suspended. A decision of the Township Council shall be rendered within 20 days of the time such hearing is requested or, if no hearing is requested, within 10 days of the receipt of reports from the Chief of Police, Fire Inspection Bureau or other administrative agent.
B. 
In addition, a license issued pursuant to this chapter may be revoked or suspended when any licensee, who is the owner of the property upon which the licensed business is conducted, has failed to pay the taxes due on the property for at least three consecutive quarters.
[Added 5-6-1991 by Ord. No. 91-383]
[Amended 7-30-1984 by Ord. No. 84-222; 10-23-2006 by Ord. No. 06-656]
A. 
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $2,000 or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
B. 
In addition to any other penalty, the license may be suspended or revoked.
Except as may be permitted in and by any other ordinance of the Township, no person shall conduct, operate or maintain for commercial purposes any premises, building or structure or part thereof for use as a pool or billiard hall.
[Added 3-6-2006 by Ord. No. 06-639]
The provisions of this chapter shall not apply to the use of karaoke within establishments that may otherwise subject to this chapter in the Township, and no license under § 88-2 hereof shall be required.