[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.
C. 
Every theater for the presentation of plays, moving pictures or vaudeville or any combination thereof shall pay an annual license fee of four hundred dollars ($400)[1]
[Amended 6-6-83 by Ord. No. 950]
[1]
Editor's Note: Former Section 77-6, adopted 10-3-32 by Ord. No. 308, as amended, which immediately followed this section and which stated the purpose of this ordinance, was deleted at time of adoption of Code; see Ch. 1, General Provision, Art. I.
[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.