[Adopted by Ord. No. 108 (§ 4-4 of the 1987 Code)]
No amusement park shall be conducted or operated
within the Borough unless a license to conduct or operate such amusement
park be first had and obtained in the manner hereinafter mentioned.
[Amended 2-7-1989 by Ord. No. 1178]
Any application for such license shall be made
in writing to the Council of the Borough and filed with the Borough
Clerk at least three days prior to any action thereon by the Council.
The application shall be signed by the applicant and shall contain
the name and post office address of the applicant, the location of
the amusement park for which the license is asked, a description of
the amusement devices therein or intended to be conducted or operated
therein during the period for which the license is asked and shall
contain a consent on the part of the applicant that such license may
be revoked if the amusement park be not conducted and operated in
a safe, orderly and lawful manner or if it not be conducted and operated
in compliance with an ordinance or ordinances of the Borough now or
hereafter adopted or if the licensee, his agents, servants or sub-lessees
shall violate any law in the conducting or operating of such amusement
park or if the licensee shall conduct or operate therein any amusement
device not specified in this application without first obtaining the
consent of the Council. Applicant shall furnish proof of general liability
insurance in the amount of $1,000,000 and shall provide bond or other
surety rates to the Clerk for the cleanup and restoration of the property.
At the next regular meeting of the Council after
the application has been on file with the Borough Clerk for three
days, the Council shall consider the application but may continue
the consideration thereof to any subsequent meeting and may refuse
to grant such license if, in their discretion, it appears that the
applicant is not a financially responsible or otherwise appropriate
person to be issued such license or if it appears that the amusements
installed or to be installed in the amusement park or any of them
are prohibited by law or by any ordinance of the Borough or if it
appears that any of the amusements are dangerous to life or limb.
Such license shall be granted only on the vote of a majority of the
whole Council cast in favor thereof. If such license be granted by
the Council, it shall be the duty of the Borough Clerk to issue a
license to operate or conduct an amusement park to the applicant upon
the applicant paying a fee thereof of $100.
The license shall bear the date when such license
was granted by the Borough Council and shall remain in force for one
year thereafter unless revoked as herein provided for but shall not
be assigned by the licensee without the consent of the Borough Council
upon written application made therefor signed by the licensee and
the person seeking the assignment which application shall contain
all the provisions required in the case of an original application.
The license may be revoked at the discretion
of the Borough Council if the licensee, his agents, servants or sub-lessees
operate the amusement park in an unsafe, disorderly or unlawful manner
or in violation of any ordinance or ordinances of the Borough now
or hereafter adopted or if the licensee, his agents, servants or sub-lessees
shall violate any law in the operation thereof or if the licensee,
shall conduct or operate any amusement device therein not specified
in his application without first obtaining the consent of the Council.
No license shall be revoked hereunder unless
written complaint shall be first made to Council by its Police Committee
specifying in detail the reasons why such license should be revoked
which complaint shall be filed with the Borough Clerk and be by him
presented to the Borough Council at its next regular meeting, at which
time the Borough Council shall continue consideration thereof until
the next regular meeting following and shall serve upon the licensee
a copy of the complaint personally or by leaving same at the address
mentioned in the application in case personal service cannot be made.
The service of the complaint shall be made at least five days prior
to such meeting and shall contain a notice of the time and place where
and when the Council will meet to consider the complaint at which
time and place Council shall proceed to hear evidence to substantiate
the charges in the complaint and shall hear any evidence produced
by the licensee who may be represented by counsel if he so desires.
After hearing the evidence, Council may revoke the license if in their
discretion it appears that the charges in the complaint are proved
and show a reason for such revocation as hereinbefore specified. A
majority vote of the whole Council shall be necessary to revoke such
licenses.
Each person conducting or operating an amusement park without a license first had and obtained as herein provided, and each person aiding or assisting in the conduct or operation of any amusement park for which a license has not been obtained as herein provided, shall upon conviction thereof be subject to a penalty as set forth in Chapter 1, General Provisions, Article III, General Penalty.
As used in this article, the following terms
shall have the meaning indicated:
Any place wherein is conducted or operated any vaudeville,
dancing, band or orchestra concerts, motion pictures or similar form
of entertainment, any merry-go-round, Ferris wheel, scenic railway
or other amusement device wherein one is propelled or carried, shooting
gallery, bowling alley, ring toss or other game of skill or wherein
is conducted or operated any other amusement device whatsoever whether
the park is enclosed by a fence or not and whether the entertainments
or amusements are in the open or partly or wholly enclosed in tents,
pavilions, buildings or structures with the exception, however, that
nothing herein contained shall apply where such entertainments or
amusements are conducted or operated entirely within a building of
a permanent and substantial character covered with a roof and enclosed
with substantial side walls and provided further that nothing herein
contained shall apply to any place conducted solely for exhibiting
games between opposing teams, such as baseball, football, cricket,
lacrosse and the like.
