[Adopted 7-26-1935 (Ch. 35, Art. II, of 1967 compilation)]
Orchestra, radio, phonograph, victrola and piano music, theatrical entertainment
and exhibitions or contests known as "walkathons" may be permitted during
24 hours of each day, provided that a special mercantile license is first
obtained from the Common Council of the City of Somers Point by filing a written
application for the same with the City Clerk, setting forth the name of the
applicant, the place for which the special license is requested and paying
in cash with said application a special license fee of $100.
[Amended 12-27-1979 by Ord. No. 21-1979; 12-11-1980
by Ord. No. 25-1980; 12-18-1981 by Ord.
No. 17-1981; 12-22-1983 by Ord. No. 22-1983]
If the Common Council grants said special license, the fee shall thereupon
be turned over to the City Treasurer for the use of the city, but the licensee
shall be granted said license only upon the following express terms and conditions:
A.
No alcoholic beverage shall be sold or be consumed by
any person, whether contestant, spectator or otherwise.
B.
No spectator shall be permitted to dance upon the licensed
premises from 2:00 a.m. Eastern standard time or daylight saving time, whichever
is in effect in said city, except during the months of July and August and
until September 15, inclusive, during which time the hours such acts are hereby
expressly prohibited shall be between 3:00 a.m. daylight saving time and 7:00
a.m. daylight saving time.
C.
The sale or dispensing of alcoholic beverages in the
City of Somers Point is permitted until 5:00 a.m. on January 1, 1984, only.
Such entertainment as is otherwise permitted by this Municipal Code is permitted
until 4:00 a.m. on January 1, 1984, only.
Any person, corporation, partnership or other association violating
the terms of this Article shall be subject to a fine of not exceeding $1,000
or imprisonment for not exceeding 90 days or community service for a period
not exceeding 90 days, or any combination of the foregoing, in the discretion
of the Municipal Court Judge or other official having authority to hear the
same.
A.
Any person, corporation, partnership or other association
violating the terms of this Article shall, after five days' written notice
of charges served upon the licensee or person in charge of said licensed premises
and a hearing upon said written charges by the Common Council, if found guilty
of said violation by the Common Council, have his, her, their or its special
license immediately thereupon revoked by the Common Council and shall not
be entitled to receive a return of any part of said license fee.
B.
Said license, when issued, shall be good for the term
of one year from the date of issue, provided that said license is not sooner
revoked as herein provided, and provided that this Article is not repealed
prior to the expiration of one year from the issuance of said license, and
in case said Article is repealed before the expiration of one year from the
date of issuance of said license, the licensee, if he has had said license
for at least a period of two months, shall not be entitled to a return of
any part of the license fee. If said Article is repealed before the licensee
has had his license for a period of at least two months, then he shall be
entitled to a return of a pro rata portion of said license for the whole year.
