Boardwalk Entertainer Application

 
 
 
Ocean City now requires entertainers to obtain a permit to perform on the boardwalk between the Friday of Memorial Day Weekend and Labor Day.
 
Entertainers must print and complete the Boardwalk Entertainer Application and submit it with the $50 permit fee to the Community Services Department on the second floor of City Hall at 861 Asbury Avenue. During the season, applications and fees may be submitted to the Welcome Center at the Ocean City Music Pier (only during boardwalk entertainment hours).
  • After applications are processed, badges will be issued for the season to every entertainer. Badges for minors will have a number but no personal information.
  • Entertainers will apply for dates and locations at City Hall (or at the Music Pier during entertainment hours).
  • Entertainers can request locations at the time they submit applications.
  • If more than one entertainer requests the same location, that location will be assigned on a rotating basis.
  • If more entertainers request to perform during an evening than the city has designated locations, assignments will be decided by lottery.
  • Available times include: 7 to 10 p.m. Sundays, 6 to 10 p.m. Mondays, Wednesdays, Fridays and Saturdays.
  • Slots will not be available on Tuesdays and Thursdays.
 
The ordinance is as follows:
 
18-13.1  Boardwalk entertainer locations designated.
 
All performances between the Friday before Memorial Day and Labor Day shall take place only at designated performance locations more particularly described on the Boardwalk as follows:
  • A. On the ocean side of the Boardwalk, within four feet (4’) of the railing, at designated performance locations opposite the street ends at 7th, 8th, 9th, 10th, 12th, 13th and 14th Streets.
  • B. At designated performance locations on the ocean-fronting beach pavilions located, or to be constructed, on the ocean side of the Boardwalk between 5th Street and 14th Street.
  • C. On the ocean side of the Boardwalk, within four feet (4’) of the railing, at designated performance locations between 5th and 6th Streets.
 
18-13.2 Rules and regulations.
 
  • A. An entertainer must fill out the street entertainers application form and submit it to the Department of Community Services, City Hall, 861 Asbury Avenue, Ocean City, New Jersey 08226 by the date mandated on the application form.Applications for entertainers under the age of 18 years must be signed by both the entertainer and the entertainer’s legal guardian.
  • B. Licenses will be issued by the Department of Community Services, City Hall, 861 Asbury Avenue, Ocean City, New Jersey 08226 and must be picked up from that location.
  • C. Badges displaying licenses must be worn or displayed while performing.
  • D. Licensees may perform only at the locations assigned by the Department of Community Services and are not transferrable.
  • E. Sound produced by an entertainer (or group of entertainers) shall not be audible 30 feet from the Boardwalk railing adjacent to which the entertainer(s) is/are performing.
  • F. An entertainer may not block the Boardwalk, nor may anyone observing an entertainer’s performance.
  • G. An entertainer may not block any entrance to any business or any ingress/egress point to and/or from the Boardwalk, nor may anyone observing an entertainer’s performance.
  • H. The use of any sharp or dangerous weapons, with the exception of sword swallowers, is prohibited.
  • I. Performances should be appropriate for a general audience and profanity is prohibited. Nudity is not permitted.
  • J. The hat or other receptacle for donation collection must remain stationary. No sign requesting contributions shall exceed eight inches by eight inches in size.
  • K. The City of Ocean City reserves the right to revoke a license at its discretion. The City shall notify an entertainer who has been the subject of a complaint in writing.The entertainer shall respond to the written notice of complaint in writing within seven (7) days of receipt by the entertainer of a copy thereof. Failure to do so shall result in loss of license.
  • L. A Boardwalk Entertainer license shall entitle a performer to perform on the Boardwalk on Mondays, Wednesdays, Fridays, and Saturdays; and on Sundays beginning at 7 pm.The right to perform is subject to other permitted uses which may take precedence over a street performer license.Examples of other permitted uses include, but are not limited to, Special Events such as Family Night, Character Night, Mummers Night and parades.
  • M. An entertainer may not receive a license unless all violations from previous years have been satisfied.
  • N. Entertainers are permitted to perform on the public Boardwalk at designated performance locations on designated days between the hours of 6:00 p.m. and 10:00 p.m except for Sundays, when performances may begin no earlier than 7:00 p.m.
  • O. No entertainer(s) shall remain at any said location for more than 4 hours per twenty-four-hour period.
  • P. No entertainer(s) shall store, maintain, hide, etc., any of their property on City of Ocean City property.
  • Q. A performer may not create an undue interference with the passage of the public through a public area including, but not limited to, the Boardwalk.If a performer attracts a crowd sufficient to obstruct the public way, a police officer may disperse the portion of the crowd that is creating the obstruction.The police officer shall not cause the performer to leave the location unless efforts to move the crowd fail to adequately protect the public safety or order.A police officer shall not ask the performer to leave the location unless all other means of restoring the public safety or order have been exhausted.
 
 18-13.3 License required.
 
No person may perform as an entertainer without first having obtained a license to do so from the Department of Community Services. 
 
18-13.4 Classes and scope of licenses.
 
A. The Department of Community Services shall administer the Boardwalk Entertainer licensing process. In its rules and regulations, the Department of Community Services shall specify:
 
(1) The types of entertainment that may be performed under a license, to include the number of performances per calendar day;
 
(2) The locations or areas for which a license is effective;
 
(3) The maximum number of licenses to be issued for a particular location or area or for a particular day or time of day.
 
B. Required considerations. In specifying limitations, the Department of Community Services shall consider:
 
(1) The volume and types of vehicular and pedestrian traffic in a proposed street entertainment location or area;
 
(2) The impact of street entertainment activities on the health, safety and general welfare of the public.
 
18-13.5 Limitations and conditions.
 
The Department of Community Services may impose reasonable limitations on any license issued under this article as necessary or proper to carry out the purpose and intent of this article.
 
18-13.6  Applications.

 

A. (1) An application for a license must be made in the form the Department of Community Services requires.
 
(2)  Applicant With Criminal History. No license shall be issued to any applicant found to have a criminal history of conviction of an offense involving dishonesty or a crime of the fourth degree or above pursuant to New Jersey law or pursuant to the laws of another state of the United States.
 
B. The application must contain:
 
(1) The name and address of each performer;
 
(2) The age of each performer;
 
(3) The type of entertainment for which the license is sought;
 
(4) A signed statement holding the city harmless.
 
(5) In the case of an application made by an adult for a performer who is a minor, the required information shall be provided for both the adult applicant and each minor performer;
 
(6) Such other information as the Department of Community Services may reasonably require.
 
C. The application must be verified before a notary public or other officer authorized to administer oaths.
 
18-13.7 Annual fee.

 

The annual fee for a license is as follows:
 
(1) Boardwalk: $50 per entertainer.  A group such as a band shall be required to pay one annual fee.
 
 18-13.8 Entertainer identification.
 
A. The Department of Community Services shall issue an identification badge for each license issued.
 
B. The identification badge shall be of laminated plastic or other durable substance and shall bear:
 
(1) The name, picture and address of the licensee; however, badges for licensees under the age of 18 years shall not include the licensee’s picture, and shall bear an assigned file number rather than the licensee’s name and address.
 
(2) The type of entertainment for which the license is issued;
 
(3) The year for which the license is issued;
 
(4) A license issued to an adult for a minor shall include the picture of the adult
 
(5) An identifying number that corresponds with the number of the license.
 
C. Each entertainer must prominently display the badge while entertaining.An adult licensee responsible for a performer under the age of 16 (sixteen) years shall accompany the minor performer(s) at all times and shall display the identification badge for the minor.
 
D. Replacement badges. If a badge is lost, the Department of Community Services shall issue a replacement badge on payment by the licensee of a fee of $15.
 
18-13.9 Prohibited conduct.
 
A street entertainer may not:
 
A. Set any fee or require any donation for his or her performance; or
 
B. Suggest any minimum or maximum donation.
 
18-13.10 Revocation and suspension of license.
 
A. Authorized suspension or revocation. The Department of Community Services may suspend or revoke a license if the licensee violates any provision of:
 
(1) This article;
 
(2) The rules and regulations adopted under this article; or
 
(3) Any other applicable federal, state or City law.
 
B. No more than one entertainer shall perform at an approved location at the same time.
 
C. Mandatory revocation. On a street entertainer's third violation of any provision, the Department of Community Services must revoke the street entertainer's license.
 
D. Application following revocation. If a license is revoked, the former licensee may not apply for a new license until one year from the date of revocation.
 
18-13.11 Administrative Appeals.
 
A. Right of appeal. An aggrieved party may appeal to the Business Administrator or Mayor or assigned designee:
 
(1) The denial, suspension or revocation of a license; or
 
(2) Any other decision or ruling by the Department of Community Services.
 
B. How and when taken. The appeal must be taken, in writing, within 10 days from the date of notice of the denial, suspension, revocation, decision or ruling.
 
C. Hearing and decision. The Business Administrator, Mayor or designee:
 
(1) Shall hold a hearing on the appeal as soon as practicable; and
 
(2) May affirm, modify or reverse the action of the Department of Community Services.
 
18-13.12 Violations and penalties.
 
Any person who violates any provision of this article or of the rules and regulations adopted under it is, upon conviction, is subject to a fine of not more than $2,000 for each offense.
 
 
Section 2.
 
All ordinances or portions thereof inconsistent with this Ordinance are repealed to the extent of such inconsistency.
 
Section 3.
 
If any portion of this Ordinance is declared to be invalid by a Court of competent jurisdiction, it shall not affect the remaining portions of the Ordinance which shall remain in full force and effect.