[Adopted 10-3-32 as Ord. No. 308]
[Amended 8-1-49 by Ord. No. 404; 4-16-51 by Ord. No. 431]
No person, firm, partnership, corporation or association shall
establish, conduct, operate or maintain, either as owner, manager,
agent or employee, within the limits of the Borough of Somerville,
any theater for the exhibition of plays, vaudeville or motion pictures
or a combination thereof, or any place wherein a game or games may
be played or other forms of amusement of any kind engaged in; or show,
exhibit, act, represent or perform, or cause to be shown, exhibited,
acted, represented or performed, at any place within the Borough of
Somerville, for any price, gain, reward, contribution or subscription,
any play of any kind or any concert of music, whether vocal or instrumental,
or both, or any dancing, game or games, trick or tricks, juggling,
sleight of hand, acrobatics, circus, theatricals, moving pictures,
carnivals, traveling shows, fairs, performances or amusements of any
description; or show any beast, bird, menagerie or any curiosity or
curiosities of nature or art, without first obtaining a license therefor
as hereinafter provided.
Any occupant or occupants or other person or persons, corporation,
partnership, firm or association having the possession or care of
any building, place or premises within the Borough of Somerville shall
not suffer or permit any of the amusements prohibited by the foregoing
section to be carried on in or upon his, her, their or its said building,
place or premises for any price, gain, reward, contribution or subscription
unless a license therefor shall have been obtained as hereinafter
provided.
[Amended 8-1-49 by Ord. No. 4041]
No person shall be granted a license hereunder until after a
written application therefor shall have been filed with the Borough
License Clerk, setting forth the nature of the license sought, the
location where such amusement is to be conducted or operated, the
name and address of the person, firm, partnership, association or
corporation claiming to be the owner thereof, the name and address
of the manager, superintendent or other person in charge thereof and
responsible therefor, the length of time during which the same will
be maintained or operated, together with such additional information
as the Borough License Clerk may require to be set forth in said application.
Each application shall be accompanied by the license fee hereinafter
set forth.
[Amended 8-1-49 by Ord. No. 404; 4-16-51 by Ord. No. 431]
A.
Immediately upon receipt by the Borough License Clerk of an application
for a license pursuant to the provisions of this Article, accompanied
by the license fee as herein provided, the Clerk shall refer the same
to the Chief of Police, or, in his absence, to such officer as shall
then be in charge of the Police Department and acting in the place
and stead of the Chief of Police, for the purposes of making an investigation
and report, as hereinafter provided, relative to the applicant and
the amusement proposed to be licensed.
B.
The Chief of Police, or, in his absence, such officer as shall then
be in charge of the Police Department and acting in the place and
stead of the Chief of Police, shall forthwith after the receipt of
such application from the Borough License Clerk proceed to make or
cause to be made such investigation as shall be necessary for the
purpose of enabling him to verify the statements made by the applicant
in the application for a license and, in addition thereto, to ascertain
the reputation of the applicant, of the person, firm, partnership,
association or corporation claiming to be the owner of the amusement
sought to be licensed, and of the manager, superintendent or other
person to be in charge thereof in other communities in which the amusement
sought to be licensed has recently operated or been conducted, and
to obtain such other information relative to the applicant, owner
and manager or superintendent and the amusement sought to be licensed
as will assist the Borough License Clerk in determining whether or
not the granting of the license applied for will be contrary to the
public interests and the general welfare of the community. Promptly
upon the completion of such investigation, a written report thereof
shall be filed with the Borough License Clerk, which report shall
include a recommendation as to whether or not the license applied
for should be granted.
C.
Approval or denial of license.
(1)
Promptly after the receipt and consideration of such investigation
report and recommendation, the Borough License Clerk shall determine
whether or not the license applied for shall be issued. Upon the approval
of the application by the Borough License Clerk, a license shall be
issued, which shall expire on the date therein fixed, and which license
shall be valid only for the period of time set forth in the application
and for which the fee shall have been paid and only for the place
or location designated in the application. The license shall be mailed
to the licensee by registered mail directed to the address stated
in the application.
(2)
If the Borough License Clerk shall determine that the license applied
for should not be issued, the applicant shall be immediately notified
of such determination by registered mail directed to the address given
in the application, and, in such event, there shall be deducted from
the license fee deposited with the Borough License Clerk as herein
provided the sum of ten dollars ($10) to defray the cost of the investigation
and report herein directed to be made. The balance of the license
fee deposited shall be returned to the applicant with the notice of
refusal of the license applied for.
D.
No license issued pursuant to the provisions of this Article shall
be transferable to any other person, firm, partnership, corporation
or association.
E.
No licensee shall cause, allow, permit or suffer any game of chance
of any character whatsoever to be operated, maintained, played or
otherwise engaged in connection with or incident to the maintenance,
conduct and operation of any amusement of whatsoever nature or character
licensed pursuant to the provisions of this Article.[1]
[1]
Editor's Note: Former Subsection (f) of Section 77-4, adopted 10-3-32 by Ord. No. 308, as amended 8-1-49 by Ord. No. 404 and 4-16-51 by Ord. No. 431, which immediately followed this subsection and which prohibited immoral and indecent shows and exhibitions, was deleted at time of adoption of Code; see Ch. 1, General Provision, Art.I.
F.
No licensee shall cause, allow, permit or suffer the violation of
any local ordinance or regulation or of any state or federal law in
connection with or incident to the maintenance, conduct and operation
of any amusement of whatsoever nature or character licensed pursuant
to the provisions of this Article.
G.
Every license issued pursuant to the provisions of this Article shall
be subject to suspension and revocation thereof, as hereinafter provided,
by the Chief of Police, or, in his absence, by such officer as shall
then be in charge of the Police Department and acting in the place
and stead of the Chief of Police. The Chief of Police, or, in his
absence, such officer as shall then be in charge of the Police Department
and acting in the place and stead of the Chief of Police, is hereby
authorized, upon the receipt by him of a signed and sworn complaint
setting forth that a licensee has violated or permitted, allowed or
suffered the violation of any provision of this Article, whether such
a complaint shall be made by a police officer or by any other individual,
to forthwith suspend the license then held by the licensee complained
of and to cause the immediate suspension and cessation of all further
operations by the licensee pursuant to such license until such time
as the Chief of Police, or, in his absence, such officer as shall
then be in charge of the Police Department and acting in the place
and stead of the Chief of Police, shall have conducted a hearing on
said complaint and determined either that the complaint is not well
founded or that there is not sufficient proof to warrant him in determining
that the licensee has violated any provision of this Article. No hearing
shall be held by the Chief of Police, or, in his absence, by such
officer as shall then be in charge of the Police Department and acting
in the place and stead of the Chief of Police, on any such complaint
until he shall have served upon the licensee, either personally or
by leaving the same with the person then having in charge the management
and operation of the licensed amusement, at least forty-eight (48)
hours' written notice of the time and place when and where the
hearing on the said complaint will be held. In the event that the
Chief of Police, or, in his absence, such officer as shall then be
in charge of the Police Department and acting in the place and stead
of the Chief of Police, after a full hearing of the witnesses both
against and for the licensee, as well as their counsel, if any, shall
determine that the proofs are such as to convince him that the licensee
has violated one (1) or more of the provisions of this Article, he
shall immediately revoke the license. No licensee whose license shall
be either suspended or revoked shall be entitled to any refund of
any portion of the license fee.
H.
Any licensee who shall be aggrieved by the determination of the Chief
of Police, or, in his absence, by the determination of such officer
as shall then be in charge of the Police Department and acting in
the place and stead of the Chief of Police, in revoking his license,
shall have a right of appeal from such revocation to the Council of
the Borough of Somerville. Such appeal shall be heard by the Council
at either a regular or special meeting at such time and place as the
Council shall determine, on not less than forty-eight (48) hours'
written notice thereof given by the appellant to the Chief of Police
by leaving a true copy of such notice at the police headquarters with
the officer then in charge thereof. The decision of the Council on
such appeal shall be final.
I.
All licenses issued pursuant to this Article shall be accepted by
the licensees subject to all of the provisions hereof.
[Amended 8-1-49 by Ord. No. 404; 4-16-51 by Ord. No. 431; 1-20-58
by Ord. No. 517]
The following is a schedule of the license fees to be paid pursuant
to the provisions of this Article:
A.
A. Every circus, traveling show, carnival, fair, performance or exhibition of any kind within the provisions of this Article, except those mentioned and referred to in Subsection B and Subsection C of this section and in § 48-28 of this Article, shall pay a license fee of one hundred dollars ($100) for each day on which the same is to be open for operation or for exhibition to the public.
[Amended 6-6-83 by Ord. No. 950]
B.
Every concert hall, dance hall or place where a game or games or other form of amusement may be engaged in, except those mentioned and referred to in Subsection A and Subsection C of this section and in § 48-28 of this Article, shall pay an annual license fee of fifty dollars ($50). Whenever any such concert hall, dance hall or place where any game or games or other form of amusement may be engaged in shall be operated for less than one (1) year, a license fee of ten dollars ($10) shall be paid, which shall entitle the licensee to operate the place licensed for a period of not more than thirty (30) days.
[Amended 5-15-78 by Ord. No. 839A]
Any person, firm, partnership, association or corporation who
shall violate the provisions of this Article or take part in or assist
in any violation hereof, or who maintains or controls any building
in which or premises on which such violation shall exist or be conducted,
shall, upon conviction thereof, be subject to a penalty of imprisonment
in the county jail for a term not exceeding ninety (90) days or a
fine which shall not exceed five hundred dollars ($500), or both.
Each day on which said violation shall continue shall be considered
a separate offense.
[Amended 8-1-49 by Ord. No. 404; 4-16-51 by Ord. No. 431]
Every concert, play, entertainment, lecture, lecture course,
dance, baseball, basketball, football and other game or contest and
other form of entertainment or amusement within the provisions of
this Article, except a circus, show, carnival, fair or similar performance,
exhibition or activity, which shall be offered, conducted, presented,
produced and performed by the members of civic bodies, public schools
or subdivisions or organizations thereof, fire companies, fraternal,
charitable or religious organizations, or by others on their behalf,
where the entire net proceeds from which shall be wholly devoted to
and used for charitable or philanthropic purposes, shall be and is
hereby exempted from the payment of any license fee required to be
paid under the provisions of this Article, but, nevertheless, an application
shall be made and a license obtained therefor as herein required.
