Notice of Public Hearing - Ordinance 14 of 2026

City of Somers Point

Notice of Public Hearing

Ordinance No. 14 of 2026

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 75, “ALCOHOLIC BEVERAGES,” ARTICLE V, “NOISE,” SECTION 78, “TIME LIMITS,” TO ALLOW OUTDOOR MUSIC AT LIQUOR LICENSED PREMISES UNTIL 1:00 A.M. UNDER CERTAIN CIRCUMSTANCES

WHEREAS the City of Somers Point (“City”) was named as a defendant in a lawsuit entitled “GMH Restaurant Holdings, LLC, GMH Restaurant Enterprises, LLC, and Gary M. Holloway v. The City of Somers Point (Docket Number ATL-C-37-25),” arising from the Police Department of Somers Point’s enforcement of an 11:00 p.m. deadline for outdoor music at the plaintiff’s retail liquor licensed premises; and

WHEREAS during the course of this litigation there have been discussions relative to the City extending the hours of outdoor music being played at the plaintiff’s licensed premises; and

WHEREAS Chapter 188, Sections 188-4 & -5 of the City Code currently prohibit as unnecessary noise, all loud noise resulting from musical instruments, bands mechanical musical devices and/or any sound reproduction device, and live entertainment or patrons, from either the inside or outside of any commercial establishment which noise is plainly audible at a distance of 100 feet from the place where it emanates between the hours of 11:00 p.m. and 12:00 noon of the following day; and

WHEREAS the Somers Point City Council has determined that it may be beneficial for the City to allow outdoor music to be played outdoors past 11:00 p.m. on a temporary basis where a business establishment is more than 100 feet from any residential property.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Somers Point, County of Atlantic, State of New Jersey, as follows:

SECTION 1.

Chapter 78, “Alcoholic Beverages,” Article V, “Noise,”, Section 78-18, entitled “Time Limits,” Paragraph (A)(2), is hereby amended to read as follows:

“Except as may be further set forth herein, no establishment possessing a retail consumption license for alcoholic beverages in the City of Somers Point, New Jersey shall allow or permit the playing of any musical instrument, device or sound recording on any outside deck or other exterior space of the premises between the hours of 11:00 p.m. and 12:00 noon. However, for any establishment possessing a retail consumption license for alcoholic beverages in the City of Somers Point which property line is more than 100 feet away from the property line of any residential property, the time for concluding such outdoor music is hereby extended to 1:00 a.m. Unless extended by resolution for a limited one-year period by December 31, 2026, this 1:00 a.m. exception shall cease to have effect beyond 11:59 on December 31, 2026. Under no circumstances shall this exception be in effect after December 31, 2027.”

SECTION 2.

Chapter 78, “Alcoholic Beverages,” Article V, “Noise,”, Section 78-18, entitled “Time Limits,” Paragraph (B)(2), is hereby amended to read as follows:

“Except as may be further set forth herein, no person and/or persons shall play or permit to be played any musical instrument, device or sound recording between the hours of 11:00 p.m. and 12:00 noon on any outside deck or other exterior space of the premises of any establishment possessing a retail consumption license for alcoholic beverages in the City of Somers Point, New Jersey. However, for any establishment possessing a retail consumption license for alcoholic beverages in the City of Somers Point which property line is more than 100 feet away from the property line of any residential property, the time for concluding such outdoor music is hereby extended to 1:00 a.m. Unless extended by resolution for a limited one-year period by December 31, 2026, this 1:00 a.m. exception shall cease to have effect beyond 11:59 on December 31, 2026.Under no circumstances shall this exception be in effect after December 31, 2027.”

SECTION 3. SEVERABILITY.

If any section, clause or provision of these amendments to this Ordinance shall be adjudged invalid, such adjudication shall apply only to the s section, clause or provision declared invalid and the remainder of this Ordinance shall remain in full force and effect and shall be enforceable.

SECTION 4. EFFECTIVE DATE.

This Ordinance shall take effect upon final adoption and publication as required by law.

Notice is hereby given that the foregoing ordinance was introduced and passed first reading at a regular City Council meeting of 5/28/2026 and said ordinance will be further considered for final passage and adoption after a public hearing to be held on 6/252026 at 7:00 p.m. in City Council Chambers, 1 West New Jersey Avenue, Somers Point, NJ 08244. Free copies may be obtained at the City Clerk’s Office, 1 West New Jersey Avenue, Somers Point, NJ, Mon.-Fri, 9am-5pm.

Shelby Heath, RMC

City Clerk

Posted 5/29/2026