[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:
AMUSEMENT PARK
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.