[Ord. 953, 9/17/1963, § 1]
The word "person," as used in this Part, shall mean and include
any natural person, partnership association or corporation. The singular
shall include the plural and the masculine shall include the feminine
and the neuter.
[Ord. 953, 9/17/1963, § 2]
No person shall exhibit, show, conduct or operate, at any place
in the Borough of Phoenixville, or cause or permit to be exhibited,
shown, conducted or operated, in any place within the Borough owned,
leased, managed or controlled by him, any circus or carnival or any
show or entertainment, by whatever name it shall be designated, where
there is to be operated any sort of mechanical amusement ride including,
but not limited to, a merry-go-round, Ferris wheel, airplane ride
or a similar device, unless the same shall have been licensed under
the provisions of this Part.
[Ord. 953, 9/17/1963, § 3]
No license shall be issued under this Part until permission
has first been granted by the Borough Council, and until the license
fee, as prescribed by this Part, has been paid and until any bond
has been paid and/or evidence of public liability insurance has been
submitted as required by this Part.
[Ord. 953, 9/17/1963, § 4]
Before the Borough Council shall grant permission, as provided in § 13-103, the premises where a circus or carnival or amusement ride is proposed to be located shall be inspected by the Police Chief, the Health Officer and the Fire Prevention Officer of the Borough, in order to ascertain whether such premises are suitable for the purpose and free from hazardous or dangerous features. The Council may cause any other investigation or inspection to be made in order to secure the facts needed by it in determining whether or not such permission shall be granted. The Council may deny such permission on account of the existence of any unsanitary, hazardous or dangerous condition, or because the location is deemed by it unsuitable on account of the creation of a traffic hazard, the lack of accommodations for the number of persons and/or vehicles likely to be attracted thereto, or the erection of unnecessary annoyance to the residents of the neighborhood. In every case, the Council, in granting the permission, shall state the type of entertainment authorized and the specific days and hours when such circus, carnival and/or mechanical rides shall be in operation. Such permission may be granted conditionally, dependent upon the taking of stipulated action by the holder of the license in order to meet standards of sanitation and safety.
[Ord. 953, 9/17/1963, § 5; as amended by Ord. 1317,
9/13/1977, § 1]
Every person applying for a license under this Part shall deposit
with the Borough Secretary a bond in the sum of $1,000, conditioned
for the faithful observance of the provisions of this Part, and saving
harmless the Borough of Phoenixville from any and all liabilities
and causes of action which might arise by virtue of the granting of
such licenses in the Borough.
[Ord. 953, 9/17/1963, § 6; as amended by Ord. 1251,
8/10/1976, § 1; and by Ord. 1317, 9/13/1977, § 2]
Every person applying for a license under this Part shall furnish
evidence to the Borough Secretary that a public liability insurance
policy in amounts of not less than $250,000 for one person and $500,000
for any one accident, shall be in force and effect at all times when
such circus, carnival and/or amusement ride is to be in operation
in the Borough under such license. Such policy shall be subject to
the approval of the Borough Solicitor.
[Ord. 953, 9/17/1963, § 7; as amended by A.O.]
No license shall be issued to any applicant until the fee, which
shall be in an amount as established by resolution, from time to time,
by the Borough Council, for every day on which such license is to
be valid, shall have been paid over to the Borough Manager for the
use of the Borough. Whereupon, the license shall be issued to the
applicant by the Borough Manager. Such license shall state the type
of entertainment and/or amusement rides authorized and the specific
days and hours on which the license is valid. No person granted a
license under this Part shall operate or conduct thereunder any type
of entertainment or amusement ride other than that specified in the
license, nor shall be continue to operate any entertainment or amusement
ride except on the days and between the hours for which such license
shall have been granted. Provided: at its discretion, the Borough
Council may waive the payment of the license fee for any circus, carnival
and/or amusement ride, where the proceeds derived from the operation
thereof, or all the proceeds less reasonable expenses, are to be payable
to or used for the benefit of any charitable, religious, educational
or civic organization or purpose, but the holders of such licenses
issued without fee shall be required to conform to all other provisions
of this Part except that requiring payment of a fee, and such licenses
are subject to revocation just as other licenses issued by authority
of this Part.
[Ord. 953, 9/17/1963, § 8]
After any license shall have been granted under this Part, and
before any entertainment or show shall be held or amusement ride operated
thereunder, the Mayor shall cause the proper Borough officials to
inspect the premises and the installations thereon, in order to determine
whether all dangerous, hazardous and unsanitary features have been
eliminated and whether an conditions set forth in the permission of
the Council shall have been met. The holder of such license shall
cause all dangerous, hazardous and unsanitary conditions to be eliminated
and all conditions of the permit to be met before commencing to hold
such show or to operate any amusement ride, and he shall maintain
the premises and installations in proper condition for the duration
of the license.
[Ord. 953, 9/17/1963, § 9]
No holder of a license under this Part shall permit any disorderly
or immoral conduct upon the premises for which such license shall
have been granted. Nor shall any such person permit any gambling,
any sale of any obscene literature or pictures or any indecent, immoral
or lewd act or performance upon such premises.
[Ord. 953, 9/17/1963, § 10]
The Mayor shall have authority to revoke any license granted
under this Part in case of failure to maintain proper standards of
safety or sanitation and in case of the licensee's permitting
any gambling, sale of obscene literature or picture, or any indecent,
immoral or lewd actor performance. In case of revocation of any license
as herein provided, no portion of the license fee shall be refunded
to the holder of the license.
[Ord. 953, 9/17/1963, § 11; as amended by Ord.
1251, 8/10/1976; by Ord. 1607, 11/14/1989, § 3; and by A.O.]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $1,000 plus costs and, in default of said fine
and costs, to a term of imprisonment not to exceed 30 days. Each day
that a violation of this Part continues shall constitute a separate
offense.
