Montclair Municipal Code Art. IV Miscellaneous Provisions

An applicant or permittee shall permit representatives of the Police Department, Health Department, Fire Department, Planning Department, or other City departments or agencies to inspect the premises where any live entertainment or adult live entertainment takes place for the purpose of insuring compliance with the law and this chapter at any time it is occupied or open for business. Such inspections shall be conducted in a reasonable manner.

(Ord. 06-873 § 5 (part))

All persons required by this chapter to obtain any live entertainment permit or adult business performer license must apply for and obtain such a permit or license within 14 days of the effective date of this chapter. Failure to do so and continued performances of live entertainment after such time without a live entertainment permit or performances that display "specified anatomical areas" or "specified sexual activities" in an adult business after such time without an adult business performer license shall constitute a violation of this chapter.

(Ord. 06-873 § 5 (part))

A. Any person or entity violating or failing to comply with any of the requirements of this chapter shall be deemed guilty of a violation pursuant to Chapter 1.12 of this Code.

B. In addition to the penalties provided in Chapter 1.12 of this Code, any licensee violating or causing the violation of any of the provisions of this chapter regulating live entertainment and adult business performer licenses shall be subject to license suspension/revocation pursuant to Sections 4.52.060 and 4.52.120 of this chapter and any and all other remedies (administrative, civil, and equitable) as allowed by law or in equity. All remedies provided herein shall be cumulative and not exclusive.

C. In addition to the remedies set forth in subsections A and B of this section, any violation of these provisions regulating live entertainment licenses and adult business performer licenses is declared to constitute a public nuisance and may be abated or enjoined.

(Ord. 06-889 § 7: Ord. 06-873 § 5 (part))

The provisions of this chapter regulating live entertainment licenses and adult business performer licenses are not intended to be exclusive, and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the licensing provisions as adopted by the City Council of the City of Montclair.

(Ord. 06-873 § 5 (part))

If any section, subsection, paragraph, sentence, clause, or phrase of this chapter and the ordinance to which it is a part, or any part thereof is held for any reason to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, the remaining sections, subsections, paragraphs, sentences, clauses, and phrases shall not be affected thereby. The City Council declares that it would have adopted this chapter and the ordinance to which it is a part regardless of the fact that one or more sections, subsections, paragraphs, sentences, clauses, or phrases may be determined to be unconstitutional, invalid, or ineffective.

(Ord. 06-873 § 5 (part))