[HISTORY: Adopted by the Township Council of the Township of Hampton as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Curfew — See Ch. 125.
Noise — See Ch. 202.
[Adopted 3-23-1982 by Ord. No. 286 (Ch. 13, Part 4, of the 1995 Code of Ordinances); amended in its entirety 11-28-2012 by Ord. No. 753]
No person or persons, partnership, firm or corporation, shall at any time have in its or their possession within the Township of Hampton any coin- or token-operated or electronic devices commonly known as pinball machines, juke boxes, video machines, etc., moveable or portable, or game-type machine without first having procured a license that is hereinafter provided in this article.
Any person, or persons, partnership, firm or corporation desiring to procure a license, under this article, shall make application therefor to the Hampton Township Manager. Said application form as supplied by the Hampton Township Manager shall be completed in its entirety and submitted over the signature of the applicant or applicants.
No license shall be issued unless it complies with all Township codes pertaining to zoning, land use, public safety, and other regulations pertaining to such amusement. The Township Manager is hereby empowered with the administration and enforcement to the provisions of this article. He or she is further empowered and authorized to appoint and delegate police officers or other officials to conduct the necessary inspection of such operation as controlled by this article. Further, the Manager is empowered to prescribe and enforce rules and regulations relating to any matter pertaining to the administration and enforcement of this article.
Nothing in this article shall in any way be construed to authorize, license or permit any gambling device whatsoever or any mechanism that has been judicially determined to be a gambling device or in any way contrary to law, or that may be contrary to any future laws of the Commonwealth of Pennsylvania.
Each and every device or machine referred to in this article shall require a license. The fee for each machine or device shall be the sum of $125. In the event that more than one machine or device shall be placed in one location, under a single ownership (i.e., an individual, partnership, corporation or such other entity as may be designated), then the following schedule of fees shall apply:
A. 
For each machine or device up to five in number, the sum of $125.
B. 
For each additional machine or device exceeding five in number but less than 11 in number, the sum of $115.
C. 
For each additional machine or device exceeding 10 in number, but less than 21 machines, the sum of $100.
D. 
For each additional machine or device exceeding 20 in number, but less than 36 in number, the sum of $85.
E. 
For each additional machine or device exceeding 35 in number but less than 51 in number, the sum of $55.
F. 
For each additional machine or device exceeding 50 in number, the sum of $35.
For the purpose of this article, the annual license fee imposed herein shall become due and payable on or before January 1 of each and every year, and all licenses shall expire on December 31 of each and every year. All applicants for licenses shall be made and the fees due thereon shall be paid on or before the first day of January of each and every year thereafter; provided, however, that if such mechanical devices, machines, or apparatuses are proposed to be installed in the Township of Hampton after the first day of January of any such year, it shall be necessary that a license be secured and an annual fee paid thereon prior to the installation thereof.
The license shall in no case be transferable and is issued only for the year as designated on the license.
In the event that the person or persons, firm or corporation shall sell or give the device to another person or persons, firm or corporation, or if the person or persons, firm or corporation shall become insolvent, the person or persons, firm or corporation acquiring ownership of the devices shall submit a new application for license and pay the same fee as set forth in this article.
Upon the payment of the license fee provided by this article, the Township Manager shall issue the license which shall set forth the license number and year, which license shall be affixed to the respective machine or device so that the same may be clearly observable and readable.
A discount of 2% off of the base license fee as provided in § 98-5 hereof shall be granted for payments postmarked by December 31 for the ensuing year's license fee. License fee payments postmarked between January 1 and 31 for the then-current year's license fee shall be at face value. An additional license fee premium of 2% shall be assessed for each machine on the premises if the license is not obtained prior to January 31 of each year, or prior to or simultaneous with the first date establishing or maintaining the mechanical or electronic device. The late fee of 2% shall compound for every 30 days after January 31.
Any person or persons, partnership, firm or corporation violating any of the provisions of this article shall, upon conviction, be sentenced to pay a fine of not more than $300 and costs of prosecution, shall be liable for imprisonment in the Allegheny County Jail for a period not exceeding 30 days. Each day that a violation is permitted to exist after notification of same shall constitute a separate offense.
[Adopted 11-15-2006 by Ord. No. 682]
A. 
As used in this article, the following terms shall have the meanings indicated:
OUTDOOR AMUSEMENT
Includes any outdoor theatrical, musical or dramatic performance, festival, carnival or other outdoor exhibition, show, performance, sporting event, fireworks display, other entertainment or amusement of any similar nature presented to an audience or open to the public, or the provision of facilities or services related to such activities within or outside the Township borders, whether or not an admission fee is charged. As used in this article, the term "outdoor amusement" shall not include any church or school affair, by the Township of Hampton, nor any performance or exhibition conducted solely for benevolent or charitable purposes. For the purposes of this article, organizations which are registered with the Commonwealth of Pennsylvania under the provisions of the Charitable Solicitations Act, the Act of December 19, 1990, P.L. 1200, Section 1 et seq.,[1] shall qualify as "benevolent or charitable purpose" organizations, provided such organizations are formed for charitable or benevolent purposes.
PERSON
Any natural person, partnership, association, firm or corporation.
[1]
Editor's Note: See 10 P.S. § 162.1 et seq.
B. 
In this article, the singular shall include the plural and the masculine shall include the feminine and the neuter.
A. 
No person either as principal or agent shall conduct or hold, nor shall permit the conduct or holding on premises owned or under the control of such person, any "outdoor amusement" in the Township of Hampton unless the same shall have been licensed according to the provisions of this article. An application for the license required by this article must be filed with the Township Manager at least 60 days before the date on which the outdoor amusement is proposed to be held. Such application shall be in writing and shall include:
(1) 
The name and business address of the person who proposed to conduct the outdoor amusement;
(2) 
The type of outdoor amusement proposed;
(3) 
The date or dates on which the proposed outdoor amusement is to be conducted;
(4) 
The hours during which the proposed outdoor amusement is to be conducted on each date submitted as required by Subparagraph A(3) supra;
(5) 
The site on which the proposed outdoor amusement is to be conducted and the name of the owner or owners thereof;
(6) 
The number of people per performance per day which the applicant estimates will attend the proposed outdoor amusement; and
(7) 
The number and location of parking spaces required for the event.
B. 
A separate application must be filed for each site and acknowledged and contain a statement that the facts set forth therein are true and correct under the penalties of perjury. The Township Manager shall provide official application forms, which must be used by the applicant.
No license shall be issued under this article until:
A. 
The application required by this article has been approved by the Council of the Township of Hampton, which application shall be acted upon no later than 45 days from the date of the submission of the same; however, should the next regular Council meeting occur more than 30 days following the filing of the application, the forty-five-day period shall be measured from the 30th day following the day the application has been filed;
B. 
A certified copy of all state and county permits are filed with the Township Manager in any instance in which such state and county permits are required to conduct the proposed outdoor amusement;
C. 
The Township Manager, or the Township's agents, have inspected the premises where the proposed outdoor amusement is to be held to ascertain whether such premises are suitable for the purpose and free from unsanitary, dangerous or hazardous features;
D. 
The cash bond required by this article has been paid;
E. 
The evidence of public liability insurance required by this article has been filed with the Township Manager; and
F. 
The license fee required by this article has been paid. The Township Council may cause any other investigation or inspection to be made to secure the facts needed by it to determine if the application should be approved and the license granted. It may reject the application and refuse to grant the license if any unsanitary, hazardous or dangerous conditions exist, or if the location is deemed by it unsuitable because the conduct of the proposed outdoor amusement thereon would create a traffic hazard, or because of the lack of accommodations for the number of persons and/or vehicles likely to be attracted thereto, or if the proposed outdoor amusement is likely to create unnecessary annoyance to the residents or inhabitants of the locality; in every case, the Township Council, approving the application and issuing a license, shall state in the license the type of outdoor amusement authorized and the time of expiration of the license issued.
Every person applying for a license for an outdoor amusement under this article shall deposit with the Township Manager a cash bond, the amount of which shall be recommended by the Township Engineer based upon the condition of roads, grounds upon which the event is to be held, bridges and other public or private property situate in the Township, the proposed attendance at the event, the nature of the event, the products involved, the sale of food and use of disposable containers, and any other circumstances attendant to the event which are relevant to the same, including an estimate by the Manager of the number of hours that may be required for emergency medical services, public safety, fire call and/or public works employees. The estimate shall be based upon the then-applicable hourly compensation rates and other costs associated with the provision of emergency medical services, public safety, fire and public works employees. The Council shall review the recommendation of the Township Engineer and the Township Manager and designate the final amount of the cash bond required hereunder. Nothing contained herein, however, shall be construed so as to require such a cash bond in the event that the conditions and circumstances are such that no bond may be required. Such cash bond shall be released and returned upon certification by the Township Manager that all conditions of this article have been complied with and that the aforesaid property and roads have been placed in a neat condition and all debris removed. Said cash bond shall be further conditioned that the applicant will pay the necessary license fee based on actual attendance to the Township Manager.
Every applicant for a license under this article shall furnish satisfactory evidence to the Township Manager that a public liability insurance policy in amounts of not less than $300,000 for one person and $500,000 for any one accident, will be in force and effect during the period which such outdoor amusement is to be conducted in the Township. Such policy shall be subject to the approval of the Township Solicitor.
Before a license shall issue to any person whose application under this article has been approved by the Township Council, that person shall pay to the Township Manager a fee according in such sum as set by resolution of Township Council, which shall be based upon the current administrative expenses involved in the issuance of such a license. The Township Council may from time to time change the amount of the fee by resolution. Provided, however, that no fee shall be required for any exempted event presented solely for benevolent or charitable purposes by a church, school, the Township of Hampton, or by any other qualified organization as defined in § 98-11 of this article.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
When all of the requirements of this article have been met and the application has been approved by the Township Council, the Township Manager shall issue a license hereunder to conduct the outdoor amusement. The license shall in every case state:
(1) 
The name and business address of the person authorized to conduct the outdoor amusement;
(2) 
The type of outdoor amusement authorized;
(3) 
The date or dates on which the proposed outdoor amusement is to be conducted;
(4) 
The hours during which the outdoor amusement is to be conduced or each date or date authorized by Subsection A(3) supra; and
(5) 
The site on which the outdoor amusement is to be conducted.
B. 
A separate license must be issued for every site and a separate fee paid for each. A license shall not be assignable.
After any license has been issued under this article, the Township Council, or its agents, shall inspect the site designated therein before any program, show, or entertainment is begun to insure that no dangerous, hazardous and unsanitary conditions exist. The licensee shall correct any such dangerous, hazardous and unsanitary condition, which may exist before any program, show or entertainment is begun. If not, his license shall forthwith be revoked, and no part of the license fee shall be refunded.
No licensee under this article shall make or permit to be made any unnecessary or unreasonable noise by loudspeaker, amplifying device or any other means which would disturb the residents in the vicinity of the premises wherein such licensed outdoor is held. Unless otherwise authorized, all activities shall cease by 11:00 p.m.
At no time shall any directional signs to the site named in the application for license hereunder be posted along any roads in the Township except those approved by the Township Council.
No person granted a license under this article shall permit upon the site named therein:
A. 
Any disorderly or immoral conduct;
B. 
Any gambling;
C. 
Any sale of obscene literature, pictures, films or other objects;
D. 
Any indecent, immoral or lewd act or performance; or
E. 
Any possession, sale or use of intoxicants and/or drugs of any kind.
The Township Council shall forthwith revoke any license granted under this article if at any time dangerous, hazardous and unsanitary conditions develop on the site designated in the license or if the licensee violates in any way any provision of this article, and no part of the license fee shall be refunded.
Any person who shall violate any of the provisions of this article, shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 and the costs of prosecution for each violation thereof, and in default of payment of such fine and costs, to undergo imprisonment for not more than 30 days. Each day that a violation of this article continues shall constitute a separate offense.