[HISTORY: Adopted by the Borough Council of the Borough of Jenkintown as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 74.
Fire prevention — See Ch. 94.
Food-handling establishments — See Ch. 98.
Littering — See Ch. 112.
Loitering — See Ch. 114.
Nuisances — See Ch. 122.
Parades and processions — See Ch. 128.
[Adopted 4-28-1980 by Ord. No. 80-4]
No person shall conduct a public exhibition, including a circus, fair, carnival, rodeo, feat of horsemanship, menagerie, caravan of animals, animal show, exhibition of any natural or artificial curiosity or performance or exhibition of such nature within the Borough of Jenkintown without first obtaining a license for such performance or exhibition from the Borough Manager.
No person shall operate any premises wherein are located any mechanical amusement devices for the playing of games commonly known as pinball machines, bowling alleys, shooting galleries, mechanical grabbing machines, billiard or pool tables, mechanical musical devices commonly known as jukeboxes or any game, operation or transaction similar thereto, under whatever name it may be indicated, whether or not a prize is offered and whether mechanical, electrical or electromechanical, without first obtaining a license for each such premises from the Borough Manager.
Applications for licenses shall be made upon forms to be supplied by the Borough Manager for that purpose. Applications shall contain the following information:
A. 
For all licenses required by this article:
(1) 
Name and address of the applicant.
(2) 
Type of person, whether individual, partnership, corporation or other type of legal person.
(3) 
Age, date and place of birth and citizenship of the applicant and any resident natural agent of the applicant.
(4) 
If the applicant is a partnership, the names, addresses and citizenship of all persons having an interest in the business.
(5) 
If the applicant is a corporation, the names, addresses and citizenship of all officers.
(6) 
Any prior convictions of the applicant or any resident natural agent of the applicant for violation of any law or ordinance.
(7) 
A statement that the applicants shall comply with all local, county, state and federal requirements.
B. 
Additional information.
(1) 
For licenses to conduct public exhibitions as required by § 63-1 of this article:
(a) 
Proposed location and duration of the exhibition.
(b) 
Nature of the exhibition to be presented.
(c) 
A detailed list of each exhibition, entertainment, performance and/or amusement device to be located on the proposed location of the event.
(d) 
The number of pieces of equipment for music and all loudspeaker devices and other devices for the amplification of sound.
(2) 
For licenses to operate any premises wherein are located any amusement devices as defined in § 63-2 of this article:
(a) 
Place and description of the machines or devices to be displayed or operated and the business conducted at that place.
A. 
Upon presentation of an application as provided herein, the Borough Manager shall refer such application to the Borough Solicitor or other person designated by the Council for a full investigation as to the truth of the statements contained therein and as to any or all other matters which might tend to aid the Borough Manager in determining whether or not such application should be granted.
B. 
The Borough Manager, upon receipt of a written report by the investigator, shall decide whether or not a license shall be issued, considering among other things the effect of the amusement or exhibition upon the peace, welfare and good order of the Borough.
C. 
In granting licenses, the Borough Manager may approve or disapprove each particular exhibition or amusement device and may also approve or disapprove any lighting system or device emitting or amplifying sound used at any exhibition, as well as impose further conditions, the violation of which shall constitute a violation of this article and shall subject the violator, upon conviction, to the penalties provided for a violation against this article.
A. 
An annual license renewal is required for places wherein are located any mechanical amusement devices described in § 63-2 of this article. Renewals of such licenses shall require merely the updating of any obsolete information contained in the original application for license, submission of the annual license fee and approval of the renewal by the Manager. Renewals shall be applied for at least 60 days prior to the date of expiration of the current license. The annual license fee for mechanical amusement devices, as described in § 63-2, shall be $5 per machine or device.
B. 
The license fee for each public exhibition as described in § 63-1 shall be $25 for each day such exhibition shall continue, payable at the time of application. No renewals of such licenses shall be granted, but subsequent exhibitions by past licensees shall require complete new applications and investigations, unless such requirements shall be waived by the Borough Manager.
C. 
License fees submitted with applications which are either withdrawn by applicants or denied by the Borough Manager shall be refundable, less actual costs of investigation incurred by the Borough. Unexpended or unused licenses shall not, however, enable the licensee to gain a refund of license fees paid for licenses after such licenses shall have been approved by the Borough Manager.
A. 
Before any license shall be issued for any exhibition or amusement device hereunder, the applicant may be required, at the discretion of the Borough Manager, to secure a public liability insurance policy in such principal sum as the Borough Manager may deem sufficient to protect members of the public, executed by the applicant and conditioned that the Borough will be saved harmless for any injury to persons or property because of fault or default by the licensees. Said policy shall be issued by a bonding company authorized to do business in the Commonwealth of Pennsylvania, shall be in a form approved by the Solicitor and shall be filed with the Borough Manager.
B. 
A certified check shall be required in the amount of $250 for cleanup and return of the property to its previous condition. Such certified check shall be returned upon satisfactory inspection by the Borough Manager.
[Amended 1-26-2015 by Ord. No. 2014-10]
Nonprofit organizations of the Borough of Jenkintown, including organizations of a charitable, religious, educational, veteran or firemanic nature, shall be exempt from the fees for licenses required by this article, but such organizations shall be required to secure a license for exhibitions or amusement devices required to be licensed and shall observe all rules of conduct established herein for licensees.
A. 
Licensees shall not permit gambling at any exhibition or on any licensed premises, except for nonprofit organizations, as provided for in § 63-7, who are in compliance with state laws and regulations.
B. 
Licensees shall not permit persons under 18 years of age to play or operate any mechanical amusement device as described in § 63-2 of this article.
C. 
No licensee shall permit the giving of any performance of a lewd, vulgar or immoral type or the use therein of any indecent or obscene language or any behavior tending to corrupt the public morals or incite the public to break any law or ordinance.
D. 
No licensee shall permit any disorderly, lewd, dissolute, drunken or boisterous person, any person under the influence of intoxicating liquor or narcotic or hallucinogenic drug or any person whose conduct tends in any way to corrupt the public morals to be admitted to or to remain in or about any licensed exhibition or premises.
A. 
Licensees shall post their licenses conspicuously at the location of the licensed exhibition or on the premises licensed.
B. 
Licensees desiring to transfer their licenses to new locations within the Borough or to change or revise their list of licensed amusement devices shall submit an application for such relocation, change or revision to the Borough Manager for his approval. No refund of any license fee shall be made if an application for relocation, change or revision is disapproved.
C. 
No license shall be transferable from one person to another.
A. 
The Borough Manager reserves the power to revoke any license issued under the provisions of this article at any time, in cases in which such licenses were procured by fraud or false representation of facts or for the violation of or failure to comply with any provision of this article by any licensee or servants, agents or employees of licensees, or the conviction of the licensee of any crime or offense involving moral turpitude, or conviction of any of his servants, agents or employees of any crime or offense involving moral turpitude committed on the location or premises licensed.
B. 
In the case of any public exhibition as described in § 63-1 of this article, such revocation may be without notice. Upon the service of a notice of revocation, either in person or by mail or posting on the location for which a license is issued, such public exhibition shall cease operations immediately.
C. 
In the case of any mechanical amusement device as described in § 63-2 of this article, the Borough Manager shall, at least three days before revoking any license, caused to be mailed, in a prepaid envelope, to the licensee at his address as stated in his application for the license, a notice stating the time and place of the hearing concerning the revocation. At the hearing, the licensee shall be entitled to be heard and to introduce the testimony of witnesses. The Borough Manager shall decide, upon the basis of the evidence presented at the hearing, whether or not the license in question shall be revoked. Licensees may appeal from the decisions of the Borough Manager as provided by law.
[Amended 1-30-1989 by Ord. No. 89-2]
Any person committing an offense against any provision of this article shall, in addition to being subject, if a licensee, to having his license revoked as provided in § 63-10 of this article, be guilty of a violation punishable by a fine not exceeding $600 or by imprisonment for a term not exceeding 30 days, or both. The continuation of an offense against the provisions of this article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
[Adopted 4-28-1980 by Ord. No. 80-5]
A. 
Definitions. For the purposes of this article, the following terms, phrases, words and their derivations shall have the meanings indicated:
BOROUGH
The Borough of Jenkintown.
LICENSEE
A person having a Borough license in full force and effect issued hereunder for a live show.
LIVE SHOW
Any musical and/or theatrical performance given by live entertainers for viewing by patrons and for which an admission charge is made.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
B. 
Word usage. The word "shall" is always mandatory and not merely directory.
No person shall operate or maintain a live show within the Borough of Jenkintown without first obtaining a license therefor, to be issued in compliance with the provisions of this article.
Applications for licenses issued hereunder shall state the following:
A. 
The names, addresses and number of employees and attendants.
B. 
The hours of operation for said show.
C. 
Such other information as the Borough shall find reasonably necessary to effectuate the purposes of this article and to arrive at a fair determination of whether the applicant has complied with the terms of this article.
Applications for licenses hereunder shall be accompanied by an application fee of $5 payable to the Borough of Jenkintown.
Where the Chief of Police, in his investigation, determines that police officers must be specifically detailed to the event licensed hereunder, the owner or operator of a place of amusement or the producer of the event must pay for the police so detailed. The Chief of Police shall use the following factors to determine the need for specifically detailed police:
A. 
The estimated number of persons attending a live show.
B. 
The traffic situation at the particular place of the live show.
C. 
Past experience for similar types of live shows.
A licensee hereunder shall comply with the following requirements and standards of operation:
A. 
The licensee shall maintain quiet and good order upon the premises where live shows are operated, and loitering shall not be permitted in or about the entrances to or exits from such premises.
B. 
The licensee shall not conduct any show, exhibition or entertainment or remain open to the public after 1:00 a.m. prevailing time on each and every day of the week.
C. 
At all times when a live show is open to the public, the licensee shall provide an adequate number of qualified attendants on duty who shall patrol the exits and entrances to see that order is maintained, that disorderly or immoral conduct is prevented, that entrances and exits are kept free from congestion and that this article and all other governing ordinances, rules and regulations pertaining to public buildings are observed.
The Borough of Jenkintown shall have the authority to revoke or suspend a license issued hereunder when it is found that the licensee is operating so as to constitute a nuisance by reason of noise or immoral activity on the premises.
[Amended 1-30-1989 by Ord. No. 89-2]
Any person who shall be convicted of violating or failing to comply with the provisions of this article before any Magisterial District Judge shall be punishable by a fine of not more than $600, together with costs of prosecution, or to imprisonment in the county jail for a term not to exceed 30 days, or both. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of a violation may be punished as provided above for each separate offense.