[HISTORY: Adopted by the Mayor and Council of the Borough of Somerville, 10-20-30 as Ord. No. 277. Section 86-1, Section 86-2D, Section 86-3, Section 86-4, Section 86-6, Section 86-8 and Section 86-9A amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
No person, firm, corporation or club shall construct, maintain or operate a miniature golf course or regular golf course, putting course or driving tee unless the person, firm, corporation or club shall first obtain from the Borough of Somerville a license for that purpose as hereinafter provided; provided, however, that this chapter shall not apply to a miniature golf course or regular golf course, putting course or driving tee which may be constructed by private persons upon their own property for their own individual use and for the use of their families.
Application for such licenses shall be in writing and shall be signed by the applicant, if an individual, or, if a corporation or club, by an officer thereof in its behalf, and shall be filed with the Borough Clerk, accompanied by the license fee hereinafter prescribed. Such application shall set forth the following:
Full name and address of applicant, if an individual; or if a corporation, the name, state of incorporation, location of principal office and the name and address of the registered agent in this state; or if a club, the name of its President or chief officer.
Description and diagram of location of lands involved.
Relation of application to premises involved (as owner, tenant, etc.)
That applicant will abide by the regulations made by the Borough of Somerville relative to construction of miniature golf courses or regular golf courses, putting courses or driving tees and the operation thereof.
No miniature golf course or regular golf course, putting course or driving tee shall be permitted to be located except in accordance with zoning policies.
The business of operating a miniature golf course or regular golf course, putting course or driving tee shall not be conducted during the hours prohibited herein:
All out-of-door miniature golf courses or regular golf courses, putting courses and driving tees shall be closed at 12:00 midnight and shall remain closed until 8:00 a.m. the following day.
All miniature golf courses, putting courses and driving tees which have been or shall be constructed and conducted within a building shall be closed at 1:00 a.m. and shall remain closed until 8:00 a.m. next following.
No person, firm, corporation or club operating or maintaining the business referred to herein shall make, countenance or permit any improper noise or disturbance on the premises occupied, and it shall not impede or obstruct any public sidewalk adjacent thereto or permit the same to be done and shall so arrange the lighting system on said premises that reflections from said lights shall not interfere in any way with the comfort of adjoining residents.
Transfer of the license authorized by this chapter may be granted in the discretion of the Borough Council upon application; and a transfer fee of one hundred dollars ($100) shall be paid for such transfer.
No license shall be issued for a period longer than one (1) year; and each license so issued shall expire at 12:00 midnight on June 30 following the date of issue.
The license fee for said license shall be one hundred dollars ($100) per year or the proper proportion thereof and shall be paid by such person, firm, corporation or club for each such miniature golf course or regular golf course, putting course or driving tee to the Borough Clerk at the time of making said application.
Any person, firm, corporation or club who shall be convicted of the violation of this chapter or any section thereof by the Judge of the Municipal Court having jurisdiction thereof shall forfeit and pay such fine as said Judge may impose, not exceeding five hundred dollars ($500) for each and every offense, and shall be liable in default of such payment to imprisonment in the county jail for a term not exceeding ninety (90) days, or both.
Upon conviction the said license may be declared forfeited and revoked by said Judge.
In addition thereto the Borough Council may revoke any such license at any time, without a hearing, upon refunding to the licensee the unearned portion of the license fee paid for said license.