[HISTORY: Adopted by the Borough Council of the Borough of Moosic
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-8-1990 as part of Ord. No.
15-1990; amended in its entirety at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
A.
AMUSEMENT
BOROUGH
PERSON
PLACE OF AMUSEMENT
PRODUCER
TEMPORARY, SEASONAL OR ITINERANT BUSINESS
As used in this article, the following terms shall have the meanings
indicated:
All manner and forms of entertainment, including, among others, theatrical
or operatic performances, concerts, vaudeville, circus, carnival and side
shows, all forms of entertainment at fairgrounds and amusement parks, athletic
contests, including wrestling matches, boxing and sparring exhibitions, football,
baseball and basketball games, skating, golfing, tennis, hockey, bathing,
swimming, archery, bowling, shooting, riding, dancing and all other forms
of diversion, sports, recreation or pastime, shows, exhibitions, contests,
displays and games and all other methods of obtaining admission charges, donations,
contributions or monetary charges of any character, from the general public
or a limited or selected number thereof, directly or indirectly, in return
for other than tangible property, or specific personal or professional services.
The area within the corporate lines of the Borough of Moosic.
Any individual, partnership, limited partnership, association, corporation,
trust or estate. Whenever used in any section prescribing and imposing a penalty,
the term "person" as applied to associations or partnerships shall mean the
members or partners thereof, and, as applied to corporations, the officers
thereof.
Any place indoors or outdoors, within the corporate limits of the
Borough of Moosic, where the general public or a limited or selected number
thereof may, upon payment of an established price, attend or engage in any
amusement as heretofore defined, including, among others, theaters, opera
houses, amusement parks, stadiums, arenas, baseball or football parks or fields,
skating rinks, circus or carnival tents or grounds, fairgrounds, bowling alleys,
billiard or pool rooms, shuffleboard rooms, nine- or ten-pin alleys, riding
academies, social, sporting, athletic, riding, gun and country clubs, golf
courses, bathing and swimming places, dance halls, tennis courts, archery,
rifle, pistol or shotgun ranges, arcades, roof gardens, cabarets, nightclubs,
and other like places.
Any person as herein defined, conducting any place of amusement,
as herein defined, where the general public or a limited or selected number
thereof may, upon the payment of an established price, attend or engage in
any amusement.
Any business that is conducted for a limited period of time.
B.
The singular shall include the plural and the masculine shall
include the feminine and the neuter.
A.
On and after the effective date of this article, it shall
be unlawful for any producer to continue to conduct, or thereafter to begin
to conduct, any form of amusement at any permanent or temporary place of amusement,
or any itinerant form of amusement, within the Borough of Moosic unless an
amusement permit or permits shall have been issued to him.
B.
Every producer desiring to continue to conduct, or hereafter
to begin to conduct, any amusement within the Borough of Moosic shall file
an application for a permanent, temporary or itinerant amusement permit or
permits, as the case may be, with the Secretary of the Borough of Moosic.
Every application for such permit or permits shall be made upon a form prescribed,
prepared and furnished by the Borough Secretary, and shall set forth the name
under which the applicant conducts or intends to conduct a permanent or temporary
place, or an itinerant form of amusement; the location of the permanent or
temporary place of amusement; whether or not the applicant is the holder of
a mercantile license in effect when the application is made, and, if so, the
number of such license; and such other information as the Borough Secretary
may require. If the applicant has or intends to have more than one place of
amusement within the Borough of Moosic, the application shall state the location
of each place of amusement, and in the case of an itinerant form of amusement
the date and length of time such amusement is to be conducted at each place.
In the case of an application for a permit for a temporary place of amusement,
the application shall state the name and address of the owner, lessee or custodian
of the premises upon which such amusement is to be conducted. If the applicant
is an association or a corporation, the names and addresses of the principal
officers thereof and any other information prescribed by the Borough Secretary
for purposes of identification shall be stated. The application shall be signed
and verified by oath or affirmation by the producer if a natural person, and
in the case of an association by a member or partner thereof, and in the case
of a corporation by the executive officer thereof, or some person specifically
authorized by the corporation to sign the application, to which shall be attached
the written evidence of his authority. Upon approval of the application the
Secretary of the Borough of Moosic shall grant and issue to each applicant
an amusement permit for each place of amusement within the Borough of Moosic
set forth in his application. Amusement permits shall not be assignable, and
shall be valid only for the persons in whose names issued, and for the conduct
of amusements at the places designated therein, and shall at all times be
conspicuously displayed at the place for which issued. The producer of an
itinerant form of amusement shall notify the Secretary of the Borough of Moosic
promptly of any change in the original contemplated itinerary, either as to
date or time of the conduct of the amusement at each place.
C.
The Secretary of the Borough of Moosic may suspend or,
after hearing, revoke the amusement permit whenever she finds that the holder
thereof has failed to comply with any of the provisions of this article. Upon
suspending or revoking any amusement permit, the Secretary of the Borough
of Moosic shall request the holder thereof to surrender to her immediately
all permits or duplicates thereof issued to him, and the holder shall surrender
promptly all such permits to the Secretary of the Borough of Moosic as requested.
Whenever the Secretary of the Borough of Moosic suspends an amusement permit,
she shall notify the holder immediately and afford him a hearing if desired
and if a hearing has not already been afforded. After such hearing, the Secretary
of the Borough of Moosic shall either rescind her order of suspension or,
good cause appearing therefor, shall continue the suspension or revoke the
permit.
D.
Appeals.
(1)
Any person aggrieved by a final decision of the Secretary
of the Borough of Moosic in revoking a permit or in refusing to issue a permit
may appeal to the Council of the Borough of Moosic within 10 days after receipt
of the final decision of the Borough Secretary. Any such appeal shall be made
in writing by certified mail to the Council of the Borough of Moosic. Upon
receipt of an appeal within the aforesaid ten-day period of limitation, the
Council shall afford the aggrieved person a hearing. After such hearing, the
Council of the Borough of Moosic shall either rescind the aforesaid order
or, good cause appearing therefor, shall affirm the order of the Borough Secretary.
(2)
Appeals from decision of Council under this section may
be taken by any person aggrieved by appeal to court within 30 days after notice
of the decision is issued as provided by law.
Whoever fails or refuses to procure an amusement permit when so required
under this article, or fails to keep his amusement permit conspicuously posted
at his place of business as required herein, shall, upon conviction before
any District Justice, be sentenced to pay a fine of not more than $600 for
each offense, plus costs of prosecution, and, in default of payment of such
fine and costs, to be imprisoned for a period not exceeding 30 days for each
offense. In case of firms or associations, the penalty may be imposed upon
the partners or members thereof, and in case of corporations, upon the officers
thereof.
[Adopted 5-9-2000 by Ord. No. 9-2000]
A.
OUTDOOR AMUSEMENT
PERSON
As used in this article, the following terms shall have
the meanings indicated:
Includes any outdoor theatrical, musical or dramatic performance,
festival, or carnival, or any other outdoor exhibition, show, entertainment,
or amusement of any similar nature or kind.
Any natural person, partnership, association, firm or corporation.
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 Borough of Moosic,
unless the same shall have been licensed according to the provisions of this
article, except as hereinafter provided. An application for the license required
by this article must be filed with the Borough Secretary of the Borough of
Moosic 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 proposes to conduct
the outdoor amusement; and
(2)
The type of outdoor amusement proposed; and
(3)
The date or dates on which the proposed outdoor amusement
is to be conducted; and
(4)
The hours during which the proposed outdoor amusement is to be conducted on each date submitted, as required by Subsection A(3), supra; and
(5)
The site on which the proposed outdoor amusement is to
be conducted; and
(6)
The number of people per performance per day which the
applicant estimates will attend the proposed outdoor amusement.
B.
A separate application must be filed for each site in each event
and every application must be duly acknowledged and contain a statement that
the facts set forth therein are true and correct under the penalties of perjury.
The Borough Secretary of the Borough of Moosic shall provide official application
forms which must be used by the applicant.
A.
No license shall be issued under this article until:
(1)
The application required by this article has been approved by
the Mayor of the Borough of Moosic; and
(2)
A certified copy of all state and county permits are
filed with the Borough Secretary of the Borough of Moosic in any instance
in which such state and county permits are required to conduct the proposed
outdoor amusement; and
(3)
The Mayor of the Borough of Moosic, or its 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; and
(4)
The evidence of public liability insurance required by
this article has been filed with the Borough Secretary of the Borough of Moosic;
and
(5)
The license fee required by this article has been paid.
B.
The Borough Council of the Borough of Moosic may cause 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 condition exists, or if the location is deemed to be
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 amusement is likely to create unnecessary annoyance to the resident
or inhabitants of the locality. In every case, the Mayor of the Borough of
Moosic, approving the application and issuing a license, shall state in the
license the type of outdoor amusement authorized and the time for which it
is to remain in effect.
Every applicant for a license under this article shall furnish a satisfactory
evidence to the Borough Secretary of the Borough of Moosic that a public liability
insurance policy in the 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 Borough of Moosic.
Such policy shall be subject to the approval of the Solicitor of the Borough
of Moosic.
Before a license shall be issued to any person whose application under
this article has been approved by the Borough Council of the Borough of Moosic,
that person shall pay to the Borough Secretary of the Borough of Moosic a
fee according to the following schedule:
A.
Anticipated attendance less than 100 persons daily: $150
per day or fraction thereof;
B.
Anticipated attendance 100 or more but less that 500
daily: $200 per day or fraction thereof;
C.
Anticipated attendant 500 or more but less than 1,000
daily: $250 per day or fraction thereof;
D.
Anticipated attendance 1,000 or more but less than 5,000
daily: $500 per day or fraction thereof;
E.
Anticipated attendance 5,000 or more but less than 10,000
daily: $1,000 per day or fraction thereof;
F.
Anticipated attendance 10,000 or more but less than 20,000
daily: $2,000 per day or fraction thereof;
G.
Anticipated attendance 20,000 daily: $3,000 per day or
fraction thereof.
The provisions of this article shall not apply to any church, or school
affair, any exhibitions or performance conducted by municipal corporations
and nonprofit organizations nor to any events or any performances or exhibitions
conducted at a private residence for noncommercial purposes.
A.
When all of the requirements of this article have been
met and the application has been approved by the Borough Council of the Borough
of Moosic, the Borough Secretary of the Borough of Moosic 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; and
(2)
The type of outdoor amusement authorized; and
(3)
The date or dates on which the proposed outdoor amusement
is to be conducted; and
(4)
The hours during which the outdoor amusement is to be conducted on each date or dates authorized by Subsection A(3), supra; and
(5)
The site on which the outdoor amusement is to be conducted;
and
(6)
The hours and date on which the license shall expire.
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 Borough Council
of the Borough of Moosic, 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 which may exist before any
program, show or entertainment is begun.
No holder of a license under this article shall make or permit to be
made any unnecessary or unreasonable noise by loud speaker, amplifying device
or any other means which would disturb the residents in the vicinity of the
premises wherein such licensed outdoor amusement is held; provided, further,
that no loud speaker or amplifying device shall be used after 9:00 p.m. or
before 12:00 noon.
At no time shall any directional signs to the site named in the application
for license hereunder be posted along any roads in the Borough except those
designated by the Borough Council of the Borough of Moosic.
No person granted a license under this article shall permit upon the
site named thereon:
The Borough Council of the Borough of Moosic 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 license violates in any way any provision of the 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 $1,000,
plus costs of prosecution, and, in default of payment of such fine and costs,
to imprisonment for not more than 30 days.
