The City Council has determined that:
A.
Nightclubs, while a legitimate form of entertainment and important
to the economy of the City, pose certain dangers that must be guarded
against.
B.
Nightclubs with alcoholic beverage licenses are to a large degree
controlled by the Board of License Commissioners, by the licensing
procedure and by regulations and limitations placed on their licenses.
C.
Nightclubs not holding alcoholic beverage licenses are not controlled
by the Board of License Commissioners and therefore can be fraught
with uncontrolled public health and safety hazards including, without
limitation, overcrowding, public drunkenness, motor vehicle dangers
from late night activities as well as uncontrolled use of alcoholic
beverages and controlled dangerous substances, exhaustion, lewd and
lascivious behavior, abuse and harassment, and other health and safety
dangers over which the City government has little control absent the
authority of the Board of License Commissioners.
D.
It is in the best interest of the people of Pocomoke City and the
sojourners therein that dry nightclubs as herein defined be licensed
and regulated.
For the purposes of this chapter, certain terms shall have the
meanings ascribed to them in this section, unless the context clearly
indicates otherwise:
An individual who is 21 years of age or older.
Any dry nightclub whose patrons or admittees are 21 years
of age or older.
The finding of guilt for a violation of a municipal or county
ordinance or state or federal law, adjudication withheld on such a
finding of guilt, an adjudication of guilt on any plea of guilty or
nolo contendere or the forfeiture of a bond or bail when charged with
a violation of a municipal or county ordinance or state or federal
law.
An establishment in which the primary use is as a gathering
place for people regardless of age limitations for purposes of entertainment,
dancing, social discourse and/or other social activities in the nature
of those generally associated with social clubs, nightclubs, dance
halls and after hours clubs as American culture has defined by historical
experience but not including theaters, schools, bona fide service
clubs, churches, or establishments holding alcoholic beverage licenses.
The City Manager or his designee shall make the determination of what
constitutes a dry nightclub.
The regulations set forth in this chapter.
Live dancing, a band, disc jockey or recorded music or any
other activity designed to entertain customers.
With actual knowledge of a specific fact or facts, or with
reasonable inquiry a reasonable person should have known a specific
fact or facts.
A license to operate a dry nightclub.
A person in whose name a license to operate a dry nightclub
has been issued, as well as the individual listed as an applicant
on the application for a dry nightclub license.
An individual who is under the age of 21.
Any dry nightclub whose patrons or admittees are under 21
years of age.
An individual, corporation, partnership or other entity which
may legally own/operate a dry nightclub.
A parcel of land, together with all buildings, structures
and uses thereon.
