[Derived from Sec. 4-13 of the 2002 Revised General Ordinances,
adopted 12-16-2002 by Ord. No. 02-27]
As used in this article, the following terms shall have the
meanings indicated:
Any place of amusement operated upon a lot or plot of ground
in the open air, permanent in its nature and operated by private enterprise
for profit during the entire year or any part thereof, whether admission
is charged to enter or not.
A.
No person shall operate any park, theater for plays or moving pictures,
dance hall, show, exhibit, performance for gain or reward, play, concert
of music, dancing, game, trick, juggling, sleight of hand, acrobatics,
circus, theatricals, moving pictures or other amusement of any description
or show any beast, bird menagerie or any curiosity of nature or art
without first obtaining a license for that purpose.
B.
No person having the possession or care of any building or premises
within the Township shall permit any such amusement to be carried
on upon his/her premises for any price, gain or reward without a license.
A.
Issuance of license. The Township Clerk shall, if he/she deems it proper to do so and with the consent and approval of the Chief of Police, Fire Chief and Township Construction Code Official, issue an amusement license upon application, pursuant to the provisions of § 203-2, and the payment, in advance, of the license fee.
B.
Investigation. Upon application properly completed and submitted pursuant to § 203-2, the Township Clerk shall refer the original and duplicate in turn to the Chief of Police, Fire Chief and Construction Code Official, who shall each make, or cause to be made, such investigation of the business responsibility, moral character, safety history and procedures and insurance availability of the applicant and, if employed, the applicant's employer, as appropriate for the protection of the public good. Following completion of the investigations with the approval of the Police Chief, Fire Chief and Construction Code Official and the return of the original application to the Clerk, he/she shall issue the amusement license. The duplicate of the application shall be kept on file in the Police Department.
C.
Unsatisfactory findings.
(1)
If,
as a result of such investigations, the application is found to be
unsatisfactory, the Police Chief or officer disapproving same shall
endorse on the original application his/her reasons therefor and have
the original application returned to the Township Clerk, who shall
notify the applicant in writing of the disapproval and reasons therefor
and that no license shall be issued. Any determination by the Chief
of Police, Fire Chief or Construction Code Official that an application
is unsatisfactory shall be based upon one or more of the following
findings with respect to the applicant:
(a)
Conviction of a crime involving moral turpitude.
(b)
Prior violation of a soliciting or licensing ordinance.
(c)
Previous fraudulent acts or conduct.
(d)
Record of multiple public complaints against the applicant's
conduct of business.
(e)
Record of previous safety/code violations or incidents of injuries.
(f)
Lack of adequate insurance protection.
(g)
Such other evidence which establishes good cause to disapprove
an application.
(2)
In the
absence of such findings, the Chief of Police, Fire Chief and Construction
Code Official shall find the application satisfactory.
D.
Satisfactory findings. If, as a result of such investigations, the
applicant and, if employed, the applicant's employer are found
to be satisfactory, the Chief of Police, Fire Chief and Construction
Code Official shall endorse his/her approval on the original application
and return the same to the Township Clerk, who shall, in turn, issue
a license to the applicant.
E.
Appeal. Any applicant whose application is denied, revoked or capacity
limited may appeal the action of the Township Clerk to the Township
Council by filing written notice of such application with the Township
Clerk. A hearing on the appeal shall be conducted by the Township
Council at its first regular meeting held at least 24 hours after
the filing of the notice. The Council shall be controlled by the provisions
hereof but may grant a conditional license and shall make its findings
and decision at the close of the hearing.
All licenses shall contain information as set forth in § 203-5.
The Township Clerk, with the advice from the Mayor, the Chief
of Police and the Fire Chief, may, at any time, revoke the license
for any cause which appears to the Township Clerk sufficient reason
for so doing, in which case the license fees received shall be retained
by the Township. All licenses issued hereunder shall be conditioned
upon this provision.
A.
Immediately upon collection, the license fee shall be paid to the
Township Treasurer, who shall give a receipt therefor. A list of all
licenses, with the amount received for each, shall be presented to
the Township Council at the next regular meeting after the issuance
thereof.
B.
Fees for amusement licenses for each year or fraction thereof shall
be $100.
A.
Exempt functions. Baseball, football and basketball games, entertainments
or lecture courses by civic bodies and fire companies of the Township
and entertainments or lecture courses, the expense of which are guaranteed
by residents of the Township, are exempted from the fee requirements
of this article.
B.
Charitable or religious organizations. The fee requirements of this
article shall not apply to any of the amusements enumerated when the
net proceeds are for the benefit of any charitable or religious organization
located within the Township or when given by the pupils of any school
in the Township, for the benefit of any kind, to be used for educational
purposes of any school or any subdivision thereof.
C.
License still required. The exemption from or waiver of fees under
this article shall in no way otherwise effect the application or licensing
provisions of this article.