[HISTORY: Adopted by the City Council of
the City of East Orange 9-14-1981 by Ord. No. 20-1981.[1] Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Applies to exhibitions or performances in which the persons
gaining admission do not participate.
Any business establishment or room, place or space thereof
where the primary use of the premises is dancing and where recorded,
taped or live music is supplied by the management expressly for such
purposes, excluding dancing schools, any restaurant, tavern or similar
establishment in which dancing may be merely incidental to other operations
in which the public is invited and admission may be had either with
or without payment of a fee or charge or the purchase, possession
or presentation of a ticket, token, membership card or other thing.
The Tax Collector.[1]
The discotheque/dance hall, together with the entire premises
on which such is located and, except where inconsistent with the context,
parking facilities used in connection therewith and the sidewalks
abutting any of the foregoing.
An individual, partnership, corporation, joint venture, club,
association, society or any other organized group of individuals,
including the officers, directors, stockholders and trustees of a
club, corporation, association or society.
A.
The premises to be licensed shall comply with all
applicable requirements of the laws, rules and regulations of the
City of East Orange, the State of New Jersey and the federal government,
including but not limited to:
(1)
Zoning ordinances, as evidenced by a permit issued
by the City Construction Official.
(2)
Health, safety, building and fire prevention regulations. The Health Department shall satisfy itself as to compliance with state and local sanitary and health laws; the Building Inspector, as to the safety of the structure to be licensed; and the Fire Chief, as to the fire hazards. A certificate of conformity produced by each official shall be required prior to the issuance of any license as provided in § 128-2D of this chapter.
[Amended 7-19-1982 by Ord. No. 38-1982]
(3)
The Police Department shall produce a written report
of the applicant's record of convictions of crime, if any, and of
any other and further information or records regarding general compliance
of the applicant with the laws and ordinances of the City of East
Orange.
B.
All applications for dance hall/discotheque licenses
shall include the following information:
(1)
The name of the applicant.
(2)
The location of the premises to be licensed.
(3)
The trade name of the applicant, if any.
(4)
Whether the applicant is an individual, partnership,
corporation or other legal entity.
(5)
The name, home address and business address, if any,
and home business telephone numbers of the applicant, and if the applicant
is a corporation or other legal entity, the same information plus
title shall be supplied for each director, officer and agent of the
corporation or principals of the entity.
(6)
The name and address of the registered agent and date
of incorporation, if the applicant is a corporation.
(7)
The name, home address and business address, if any,
and home and business telephone numbers of the owners of the premises,
if such owner is a person other than the applicant.
(8)
The name, home address and home telephone number of
the manager or other agent of the applicant, if any, who shall be
in charge of the licensed premises.
(9)
Past violations.
(a)
Whether or not any person named in the application
has ever been convicted of:
(b)
If the answer to either Subsection B(9)(a)[1], [2] or [3] is "yes," the applicant shall state the date and nature of each conviction.
(10)
The maximum occupancy, stated in number of persons,
of the premises for which the license is sought.
(11)
The number of exits.
(12)
A description of the off-street parking facilities,
including but not limited to location and capacity, stated in number
of parking spaces.
(13)
The hours of operation.
(14)
The minimum number of employees that will be on duty
at any time in solely a security or policing capacity.
(15)
The amount, if any, charged for admission and the
manner in which that charge is to be made, whether by fee, ticket,
token or other device.
(16)
The items of commerce that will be available for purchase
on the licensed premises.
(17)
A copy of the floor plan with descriptive information
for the use of each area.
(18)
Whether or not the sale of alcoholic beverages is
intended and the date of appropriate licensing.
(19)
The application shall be signed by each individual
applicant; by each partner, if a partnership; or by the president
or other authorized officer of any corporation or legal entity.
C.
Fees.[2]
(1)
Application. Any person applying for a license under
this chapter shall pay a nonrefundable fee of $100 to the licensing
officer. If the license is denied, the fee is forfeited.
(2)
License. Upon approval by the licensing officer, the application fee is credited to the payment of an annual license fee. Any person granted a disco/dance hall license shall pay the annual fee set forth in Chapter 170, Licenses and Fees. A license issued under this chapter shall expire the first day of June of the year following issuance.
D.
License issuance.
(1)
The issuing officer is hereby authorized to grant
the licenses herein provided for to persons of good moral character
of demonstrated capacity to operate such an establishment, thereby
ensuring that the proposed dance hall/discotheque will not present
a traffic hazard, will not interfere with the enjoyment of property
in the area by the owner or owners thereof, and assuring compliance
with all the provisions of this chapter.
(2)
The license shall not be issued until the fee, as
provided herein, is paid.
(3)
No applicant may operate a dance hall/discotheque
until the license procedure is finalized.
The original application shall be kept on file
at all times in the office of the licensing officer.
A.
Any license issued hereunder may be revoked or suspended
after written notice and full hearing of charges by the issuing officer
for the causes hereinafter specified. Such license when so suspended
or revoked shall not be eligible for reissuance until at least six
months following the date of such suspension or revocation. The following
shall constitute sufficient cause for the suspension or revocation
of a license issued hereunder:
(1)
Lewd, disorderly or immoral conduct allowed, permitted
or suffered by the licensee in or upon the licensed premises.
(2)
Conduct allowed, permitted or suffered by the licensee
in or upon the licensed premises which constitutes a nuisance.
(3)
Conviction of the licensee for violation of the provisions
of this chapter, provisions of Title 2C and Title 33 of the New Jersey
Statutes, and such other laws of the City of East Orange and the State
of New Jersey which bear upon the preservation of the public health,
safety or general welfare of the residents of the City of East Orange
and persons patronizing such establishments.
B.
It shall be unlawful to use or occupy any portion
of premises licensed hereunder during the period of any suspension
or revocation of license as provided herein above.
Any licensee or applicant aggrieved by the suspension, revocation or refusal of a license shall have the right, within 10 days after the receipt of written notice of the decision, to appeal such order or decision to the Mayor in accordance with the provisions of § 170-32 of the Code of the City of East Orange.
No person shall operate a dance hall/discotheque
until the premises shall first have been duly licensed for such purpose;
provided, however, that no license shall be required for dances or
discotheques held in public or private schools when held under the
supervision of the Board of Education of the City or any nonprofit
organization or public charity approved first in writing by the licensing
officer.
No license shall be renewed until approved by the licensing officer upon completion and review of updated investigative reports such as those required for an original application in accordance with § 128-2A, review and investigation of previous years' operations and payment of the annual licensing fee in accordance with § 128-2C.
No license issued by the City shall be transferable as to persons or locations unless otherwise expressly permitted by the provisions governing such licenses. (See § 170-22.)
Any persons operating a dance hall/discotheque must comply with all provisions of this chapter and the provisions regarding general standards of conduct for licenses as set forth in § 170-5 of the Code of the City of East Orange.
Every person licensed under this chapter shall
observe the following restrictions:
A.
Hours of operation. The licensee shall not permit,
suffer or allow the licensed premises to remain open for business
or use by patrons between the hours of 2:00 a.m. and 5:00 a.m.
B.
Persons excluded. The licensee shall not permit, suffer
or allow any person who is less than the minimum drinking age, as
defined by the laws of the State of New Jersey, or any intoxicated
or disorderly person to be admitted to the licensed premises or to
remain therein.
C.
Good order. The licensee shall maintain good order
throughout the entire licensed premises, including any off-street
parking facilities, and shall not permit loitering in or about the
entrances, exits, sidewalks or other portion of the licensed premises.
D.
Employees and attendants. At all times during business
hours, the licensee shall provide an adequate number of qualified
security officers continuously on duty, who shall patrol the licensed
premises and its entrances, exits, sidewalks and other portions of
the licensed premises to maintain order, to prevent disorderly or
immoral conduct, to assure that the licensed premises and its entrances
and exits are kept free from congestion and loitering and that the
provisions of this chapter and all other applicable ordinances, regulations
and laws are complied with.
E.
Parking. It shall be the responsibility of the licensee
to provide sufficient off-street parking for patrons and employees
in the following fashion: a minimum of one off-street parking space
for every two persons of rated capacity, plus one off-street parking
space for each employee.
Any person who violates any provisions of this
chapter shall, upon conviction thereof, be punished by a fine not
less than $100 nor exceeding $2,000, imprisonment for a term not exceeding
90 days and/or 90 days of community service. A separate offense shall
be deemed committed on each day during or on which a violation occurs
or continues.
The City Council may, by resolution, waive the
application of any provision of this chapter to a particular licensee
upon the written recommendation of the Director of Property Maintenance.
Said recommendation shall be premised upon a showing that the literal
application of the provision in question is not necessary to protect
the public health and safety and otherwise results in an unreasonable
hardship to the applicant.[1]
