[HISTORY: Adopted by the Borough Council of the Borough of Wilson 5-8-1933 by Ord. No. 194, approved 5-15-1933. Amendments noted where applicable.]
GENERAL REFERENCES
Poolrooms — See Ch. 138.
It shall be unlawful for any person or persons, firms or corporations, whether principal or agent, without first complying with the terms of this chapter and, if permissible, paying the designated fee:
A. 
To show, exhibit or conduct:
(1) 
Large circuses under canvas, with menagerie: $100 per day.
(2) 
Small circuses and Wild West shows: $75 per day.
(3) 
Merry-go-rounds: $15 per week.*
(4) 
Roller-skating rinks: $25 per year.*
(5) 
Shooting galleries: $50 per year.*
(6) 
Public bowling alleys: each alley, $5 per year not to exceed $25 per year.*
(7) 
Billiard, pool and combination tables or other gaming tables not prohibited by law, except private: See Chapter 138, Poolrooms.*
[Amended 1-22-1996 by Ord. No. 654, approved 1-22-1996]
(8) 
Museums and exhibitions: $15 per week.*
(9) 
Hurdy-gurdies, street pianos, street radios, street amplifiers and loudspeakers: $1.50 per day.
(10) 
Theaters, opera houses, buildings or parts thereof open for theatrical entertainments, moving pictures: $25 per year.*
(11) 
Penny arcades, nickelettes, etc.: $50 per year.*
(12) 
Miniature, pony or obstacle golf courses (outdoors): $50 per year.*
* NOTE: In all cases under Subsection A(3), (4), (5), (6), (7), (8), (10), (11) and (12) where the services of an officer or officers are required, the operator or operators shall reimburse the Borough for the number of hours worked by each officer.
[Amended 1-22-1996 by Ord. No. 654, approved 1-22-1996]
B. 
To conduct dances to which the public is admitted, for which a license fee of $1.50 per day shall be paid, and where the services of an officer are required, the operator or operators shall reimburse the Borough for the number of hours worked by each officer.
[Amended 1-22-1996 by Ord. No. 654, approved 1-22-1996]
C. 
To sell from any permanent or temporarily standing position in any public highway or on private property where the goods, wares or merchandise are purchased by persons while using the public highway, for which a license fee of $1.50 per day shall be paid.
D. 
To enter into, begin or desire to begin a transient retail business for the sale of any goods, wares or merchandise whatsoever and to hire, lease or occupy a room, apartment, store, building or other structure for the exhibition or sale of such goods, wares or merchandise, for which a license fee of $200 per month or fractional part thereof shall be paid. Said license shall be renewed monthly during the continuance of the sale, and upon failure to secure the license herein provided for, the operator or operators shall be subject to the penalty provided for in § 96-9, provided that nothing herein contained shall apply to farmers selling their own produce or to any sales of goods, wares or merchandise donated by the owners thereof, the proceeds whereof are to be applied to any charitable or philanthropic purpose.
[Amended 1-22-1996 by Ord. No. 654, approved 1-22-1996]
E. 
To maintain a gasoline or oil tank or pump for the same or both or like commercial facilities permitted to be used on highways by abutters, for which a license fee of $5 per year shall be paid for each, and where more than one pump is used for said purposes, a license fee of $2 per year additional shall be paid for each and every pump so used.
F. 
To hawk, huckster or peddle, with or without a vehicle:
(1) 
Meats, fish, oysters, ice cream, soft drinks, milk, bread, cakes, etc., except produce of a farm or garden and cultivated by the vendor, for which a license fee of $10 per year shall be paid, and where more than one vehicle is used for said purposes, a license fee of $5 per year additional shall be paid for each and every vehicle so used.
[Amended 3-8-1954 by Ord. No. 345, approved 3-8-1954]
(2) 
Souvenirs, novelties, balloons, badges, toys and miscellaneous merchandise, for which a license fee of $1.50 per day shall be paid.
G. 
To maintain billboards, for which a license fee of $1 per panel per year shall be paid.
[Amended 1-22-1996 by Ord. No. 654, approved 1-22-1996]
All amusement places, dance halls and bowling alleys, together with the subjects itemized in § 96-1A(1) through (6) and (8) through (12) of this chapter, shall close and cause business to cease not later than 12:00 midnight, and any person, firm or corporation operating or conducting any such place, failing to close at the hour as herein fixed, shall be subject to the penalty provided for in § 96-9.
The license fees herein provided for shall be paid to the Mayor of the Borough of Wilson each and every year, and it shall be the duty of the said Mayor upon the payment of said fee to issue a license to the person paying in accordance with the provisions of this chapter.
The Mayor may at any time revoke any license or licenses issued under the provisions of this chapter for any breach of the terms or conditions thereof upon giving to the person, firm or corporation to whom the same is issued notice of such revocation; and from the time of such notice, any act done under the color of such license of licenses shall subject the person doing it or suffering it to be done to the same penalty as if he, she or they had done such act without such permit, unless the revocation of such license is disapproved as hereinafter provided.
If any person, firm or corporation shall feel aggrieved by the neglect or refusal of the Mayor to issue any such license of licenses or by the terms or conditions imposed therein or by any revocation of such license or licenses as aforesaid, said person, firm or corporation may appeal to the Borough Council upon giving notice to the Mayor within one week thereafter, and until such terms, conditions or revocations are disapproved by the Borough Council, they shall be binding upon the applicant, and the Borough Council may order such modification as it may deem proper, not, however, inconsistent with the Borough ordinances.
The Mayor may grant permits to every honorably discharged soldier, sailor and marine of the military or naval service of the United States in accordance with the provisions of the Act of May 17, 1921, P.L. 895,[1] and in such cases where the proceeds are to be applied to religions, charitable, educational or beneficial purposes, without charge of license fee.
[1]
Editor's Note: Former 60 P.S. §§ 61 and 62, License exemption for veterans, was repealed Nov. 24, 1992, P.L. 717, No. 108.
This chapter does not authorize the use of highways for the purposes mentioned in § 96-1 hereof in any case where such uses are prohibited or restricted by any other ordinance of the Borough, the intention hereof being to charge a license fee for a use which is permitted and not restricted or prohibited. The payment of a license fee does not permit the holder to create a nuisance, to do anything dangerous in itself or that may attract children to danger. Anything done contrary to this chapter is a nuisance and shall be abated as such in addition to the fine imposed.
All licenses issued under the terms and provisions of this chapter shall be valid only for one-year excepting in those cases where a shorter time is stated. Licenses granted to individuals are not transferable. All licenses are personal, and no such license shall permit the employment of unlicensed agents. Any fractional part of any unit of time or space or number requires the same license fee as the whole unit. No licenses shall extend beyond December 31 of the year issued.
[Amended 1-22-1996 by Ord. No. 654, approved 1-22-1996]
Any person violating any of the provisions of this chapter shall, upon conviction thereof be punishable for each offense by a fine of not more than $300 and costs of prosecution or, upon default in payment of the fine and costs, by imprisonment in the county jail for a period not to exceed 30 days, and each day of the continuance of a violation shall be deemed to constitute a separate offense.