[HISTORY: Adopted by the Borough Council
of the Borough of Catasauqua as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-7-1940 by Ord. No. 322 (Ch. XI,
Part 1A, of the 1962 Code)]
No person, firm or corporation shall be permitted
to open, conduct or operate any show, exhibition or amusement of the
classes hereinafter enumerated for profit within the limits of the
Borough of Catasauqua, Pennsylvania, without first obtaining a license
therefor from the Mayor of said Borough in the following form:
$
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Catasauqua, Pa. . . . . . . . .
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has paid to me for the use
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of the Borough of Catasauqua
to conduct a
within said Borough for a period of
and no longer.
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[Amended 4-1-2013 by Ord. No. 1288]
Any person, firm or corporation who shall open,
conduct or operate any show, exhibition or amusement of the classes
hereinafter enumerated within the limits of said Borough without having
previously obtained a license as aforesaid, or who on demand shall
refuse to show his or their license to said Mayor, or any police officer
of said Borough, shall be deemed an offender, or offenders, against
this article and on conviction of such offense before said Mayor,
or any District Justice of said Borough, shall pay the sum of $20
in addition to the sum hereafter required as and for the license fee,
to be recovered for the use of and paid to the said Borough, with
costs, as similar fines and penalties are now collected and paid,
and in default of the immediate payment of said sum of $20 with costs,
the person or persons so in default shall be by said Mayor or District
Justice committed to the Lehigh County Jail for a period of not exceeding
30 days. Any person found guilty of violating an ordinance shall be
assessed court costs and reasonable attorneys’ fees incurred
by the Borough in the enforcement proceedings.
It shall be the duty of the Chief of Police,
or any other police officer of said Borough, to demand the license
required by this article of any person, firm or corporation who may
open, conduct or operate any show, exhibition or amusement of the
classes hereinafter enumerated and inform him, or them, of the requirements
hereof, and in case the person, firm or corporation so opening, conducting
or operating any show, exhibition or amusement, as aforesaid, refuse
to show his or their license, or persist in opening, conducting and
operating, any show, exhibition or amusement, as aforesaid without
having previously obtained a license therefor, it shall be the duty
of said Chief of Police, or any other police officer, to give information
thereof to said Mayor.
[Amended 11-7-2005 by Ord. No. 1190]
The sums or rates as set from time to time by
resolution of Borough Council shall be paid in advance for every license for the following
amusements:
A. For every performance of a circus or other equestrian
performance.
B. For every menagerie or exhibit of animals.
C. For moving-picture shows.
D. For every theatrical performance or other public exhibition,
except for moving-picture shows as aforesaid, provided that no license
shall be required for musical concerts or for lectures or exhibitions
on literary or scientific subjects.
E. For street carnivals or exhibitions in the nature
thereof, provided that no license shall be required for carnivals
for local purposes conducted with local talent.
F. For any exhibition at which, or in connection with
which, medicines or other goods, wares and merchandise are sold, or
advertised for sale.
[Amended 5-7-1962 by Ord. No. 463; 11-7-2005 by Ord. No. 1190]
All persons, firms and corporations conducting,
operating or managing any amusement of the classes hereinafter enumerated
shall pay an annual license fee as set from time to time by resolution
of Borough Council:
B. Billiard and pool tables, and other gaming tables
not prohibited by law.
[Amended 5-7-1962 by Ord. No. 463]
The annual license fees prescribed in §
100-5 hereof may be prorated for periods of less than one year, but in no event shall a permit or license be issued for less than 1/4 of the annual license fee.
[Amended 11-7-2005 by Ord. No. 1190]
A. All dance halls maintained and conducted in connection
with regularly established instruction in dancing and exclusively
used in such connection shall pay an annual license fee as set from
time to time by resolution of Borough Council.
B. All other dance halls and ballrooms shall pay an annual
license fee as set from time to time by resolution of Borough Council.
C. A license shall be required to hold a public dance
or public ball by any person, persons, society, club or clubs; the
fee for such license, which shall be paid at the time of the issuing
thereof, shall be as set from time to time by resolution of Borough
Council, provided, however, that no such license shall be required
for public dances conducted for charity and not for a profit.
[Adopted 1-9-1990 by Ord. No. 952 (Ch.
XI, Part 1D, of the 1962 Code)]
The subject matter of this article is regulation,
licensing and fines for the operation of machines operated as games
of skill for amusement by patrons who pay money to use said machines
in the Borough of Catasauqua. These coin-operated machines include,
but are not limited to, pinball machines, music devices such as juke
boxes, electronically operated shuffleboard, bowling, video games,
electronically operated tennis, billiards and other games of amusement.
A. It is the purpose of this article that after the effective
date of this article, it shall be unlawful for any person, persons,
corporations, companies or firms to have, keep, lease or maintain
for purposes of operation any aforementioned coin-operated amusement
machines without first having obtained the proper license from the
Borough Secretary.
B. This license shall be posted at all times by affixing
same in a conspicuous place so as to be easily seen and read by all
parties who visit the premises wherein the machines are operated.
The applications for the aforementioned license
shall be filed in writing with the Borough Secretary on a form to
be provided by the Borough and shall specify:
A. Name and address of the applicant, and if a firm,
corporation or association, the principal officers thereof and their
addresses;
B. Name and address of the owner of the machines or the
business who leases or distributes for the purpose of operation by
another if it be different from the applicant;
C. Address of the premises where the licensed devices
are to be operated, together with the general nature of the business
carried on at such place;
D. The number of devices to be licensed along with the
general description of the devices to be licensed; and
E. Fee that is paid and the effective date of the application,
which shall be from whatever date the applicant starts the business
of that year until December 31 of that year.
A. No license shall be issued under this article for
any coin-operated amusement device until the annual fee shall have
been paid to the Borough Secretary. This annual license fee for each
machine shall be as established from time to time by resolution of
Borough Council. For the purposes of yearly renewal, the fee shall be paid
on or before January 31 of each year.
B. However, should any device or machine be installed
after July 1 of any year and application is made after that date,
then the license fee of that machine(s) shall be 1/2 or 50% of the
annual license fee provided for in this section.
C. This license shall not be transferable from one applicant
to another. A new owner, proprietor, or operator shall be required
to secure a new license and pay the fees thereof. However, he shall
not be required to secure a new or different license when one machine
is replaced by another as long as the total number of machines remains
the same.
It shall be prohibited to offer any prize or
any other award to any person playing a coin-operated amusement device;
furthermore, it shall be prohibited to permit any said machine to
be used for any gambling purpose.
The Borough Manager or his designee shall make
periodic inspections of all premises where machines of amusement and
games of skill for amusement are operated for the purpose of enforcing
this article.
[Amended 4-1-2013 by Ord. No. 1288]
Any person, firm or corporation who violates
any provision of this article shall, upon conviction thereof, be sentenced
to pay a fine of not more than $1,000 and/or to undergo imprisonment
for a term not to exceed 90 days. Each day that a violation continues
shall constitute a separate offense. Any person found guilty of violating
an ordinance shall be assessed court costs and reasonable attorneys’
fees incurred by the Borough in the enforcement proceedings.