It shall be unlawful for a person or association of persons to operate
a place of amusement or an amusement arcade without first obtaining a license
therefor. However, any business or commercial establishment may have up to
three mechanical, electrical or other amusement machines for operation, together
with jukeboxes, similar music machines and food or beverage vending machines
without the necessity of a license.
As used in this chapter, the following terms shall have the meanings
indicated:
AMUSEMENT ARCADE
Any business or commercial establishment in which more than three
mechanical, electrical or other amusement machines for operation are located,
exclusive of jukeboxes and similar music machines.
AMUSEMENT MACHINE
Includes mechanical, electrical, video and other coin-operated machines
played by one or more individuals for amusement or entertainment purposes,
other than jukeboxes or similar music machines.
PLACE OF AMUSEMENT
A business, the principal activity of which is to entertain customers
such as, but not limited to, an arcade, circus, carnival, public exhibition
and theatrical show (other than a motion-picture theater).
[Amended 12-5-2006 by Ord. No. 1272]
A. The license fee for a place of amusement shall be as
established from time to time by resolution of Borough Council.
B. The license fee for an amusement arcade shall be as established
from time to time by resolution of Borough Council.
There is hereby created a board to be known as the "Amusement Licensing
Board," which is hereby empowered to review, grant, deny, suspend or revoke
licenses for places of amusement and arcades. It shall be the duty of the
Board to examine and investigate into all applications and all violations
of this chapter. Said Licensing Board shall consist of five members, who shall
be residents and employees of the Borough of Stone Harbor, not more than two
of whom may be appointed from among the members of Borough Council. The terms
of the persons appointed shall expire on December 31 following their appointment;
however, such terms shall continue with respect to any uncompleted matters
until such matters are completed. Appointments to fill vacancies, regardless
of the cause of the vacancy, shall be for the unexpired term only. The members
shall be appointed by the Mayor with the advice, consent and confirmation
of Borough Council. The members of this Board shall perform their duties and
functions without salary or other compensation. The Board shall adopt such
rules and regulations as may be determined necessary or proper for the purpose
of carrying out its duties and responsibilities.
The following standards of safety shall be applicable, considered, determined
and complied with as to each application made pursuant to this chapter. The
Licensing Board shall:
A. Determine whether the layout, plan, spacing and utilization
of space allows for ample room for the presence of persons in or on the premises;
and the number of persons to be permitted in and on the premises at any given
time. The Board is empowered to limit the number in the interest of promoting
and protecting the safety and general welfare of the public.
B. Determine and provide for adequate entrances and exits
in each case, and the same shall be commensurate with the determination of
the factors of danger to the public in relationship to the existing facts
and those which would exist under any proposed application.
C. Require stands, seats, benches, bleachers or other seating
accommodations to be constructed in such a manner and of such materials as
will provide the best determinable measure of safety to the public.
D. Require and impose any and all necessary regulations
covering the storage, display, sale and methods of dispensing food and beverages
in the interest of public health; and provide such measures of sanitary regulations,
including the power to require adequate toilet and lavatory facilities, in
accordance with such plumbing standards as are required by Borough ordinances.
E. Require complete safety in the method of wiring, the
use and conduct of electrical current, and the proper enclosure of motors,
transformers or other devices including three switches, power central panels
and similar equipment.
F. Require the observance of all laws and regulations designed
to prohibit fire and protect persons and property from the hazards and dangers
thereof, and impose any reasonable additional requirements to enhance, promote
and protect life and property from the hazards of fire.
In the event the particular public amusement is not permitted in the
zoning district in which a license is sought, the applicant must first apply
to the Board of Adjustment for a variance to permit such use. In the event
such variance is granted, the applicant shall then apply for a license from
the Amusement Licensing Board.