Township of Spring Garden, PA Chapter 238 Public Entertainment

[HISTORY: Adopted by the Board of Commissioners of the Township of Spring Garden as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Amusement devices — See Ch. 107.

Building permits — See Ch. 120.

Fire prevention — See Ch. 145.

Obscene materials — See Ch. 212.

Zoning — See Ch. 310.

Article I Permits Required

[Adopted 12-31-1974 by Ord. No. 40 (Ch. 13, Part 6, of the 1994 Code)]

§ 238-1 Certain shows prohibited.

Any show, moving picture show, circus, carnival or public entertainment of a degrading, salacious or immoral character, or tending to induce immorality, disorder or disrespect for the law shall be and is hereby prohibited within the limits of the Township.

§ 238-2 Permit required.

The promoter, owner or agent of any show, circus or menagerie under canvas, carnival, merry-go-round, carousel, Ferris wheel, or other mechanical forms of entertainment, or public entertainments for which an admission fee is charged, before the giving or holding of the same, shall obtain a permit signed by the President of the Board of Commissioners granting the privilege to give or hold the same, provided that the Board of Commissioners, at its discretion, may or may not require the said permit.

§ 238-3 Fees.

[Amended 12-14-1994 by Ord. No. 94-5]

The fees for permits shall be as follows:

A. For all shows, circuses, menageries under canvas: Fees shall be as established from time to time by the Board of Commissioners by resolution for each day upon which exhibition is held;

B. For carnivals: Fees shall be as established from time to time by resolution for each day upon which exhibition is held;

C. For other public entertainments or shows for which an admission fee is charged: The permit fee shall be as established from time to time by the Board of Commissioners by resolution per day if held for less than one week, or per week if held for one or more weeks.

§ 238-4 Violations and penalties.

[Amended 5-11-1988 by Ord. No. 224; 12-14-1994 by Ord. No. 94-5]

Any person or persons, partnership, firm or corporation violating any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 and costs of prosecution and, in default of payment of such fine and costs, to imprisonment for not more than 30 days, provided each violation of any provision of this article and each day the same is continued shall be deemed a separate offense.

Article II Licensing and Regulation of Indoor and/or Outdoor Amusements

[Adopted 11-10-1993 by Ord. No. 93-16 (Ch. 13, Part 8, of the 1994 Code)]

§ 238-5 Short title.

This article shall be known as the "Spring Garden Township Indoor and/or Outdoor Amusement Ordinance."

§ 238-6 Definitions.

A. As used in this article, the following terms shall have the meanings indicated:

APPLICANT

Any person who is required to or who has applied for a license hereunder.

BOARD OF COMMISSIONERS or BOARD

The Board of Commissioners of Spring Garden Township.

INDOOR AND/OR OUTDOOR AMUSEMENT

Any theatrical, musical or dramatic performance, festival or carnival or any other exhibition, show, display, entertainment or amusement of any similar nature or kind for which an admission fee is charged or for which money or any other reward of any nature is in any manner demanded, expected or received at the time of the amusement or at any time in the future. This article, however, shall not be applicable to charitable events held at schools, colleges, churches, hospitals, fire companies, municipal or other nonprofit facilities, nor is it applicable to events held in theaters, nightclubs or similar facilities designed for public occupancy for which a current Pennsylvania Department of Labor and Industry occupancy permit has been issued.

PERSON

Any natural person, agent, principal, group of persons, trust, organization, business entity, partnership, association, combination, firm or corporation.

TOWNSHIP

The Township of Spring Garden, York County, Pennsylvania.

TOWNSHIP MANAGER

The Manager of Spring Garden Township.

B. In this article, words in the singular shall include the plural and the masculine shall include the feminine and neuter.

§ 238-7 License application.

A. No person shall conduct or hold, nor shall an owner of a property sought to be used for an indoor and/or outdoor show or amusement permit the conduct or holding of any indoor or outdoor amusement in the Township unless the same shall have been licensed according to the provisions of this article. An application for the license required by this article must be filed with the Township Manager at least 90 days before the date on which the indoor or 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 indoor or outdoor amusement.

(2) The type of indoor or outdoor amusement proposed, including the number of performers and their names.

(3) The date or dates on which the proposed indoor or outdoor amusement is to be conducted and the rain date, if any, should weather force the postponement of the event.

(4) The written consent of the owner of the proposed site of the indoor or outdoor amusement.

(5) The hours during which the proposed indoor or outdoor amusement is to be conducted on each date submitted, as required by Subsection C.

(6) A property description (map or plot plan) of the site on which the proposed indoor or outdoor amusement is to be conducted, including, but not limited to, an outline of where all required facilities are to be located, the amount of acreage or square footage in the site, and the name of access road or roads to the site.

(7) The number of people per performance per day which the applicant estimates will attend the proposed indoor or outdoor amusement and the maximum number of advance tickets to be offered for sale for each performance.

(8) The food, housing, parking, sanitary, medical and crowd control arrangements and facilities to be provided by the applicant for each day.

B. A separate application must be filed on a Township form for each site and every application must be duly verified by the applicant that the facts set forth therein are true and correct under the penalties of perjury.

§ 238-8 Licensing requirements.

A. No license shall be issued under this article until:

(1) The applicant has complied in all respects with the terms of this article and the application has been approved by the Board of Commissioners.

(2) A certified copy of all state and county permits is filed with the Township Manager in any instance in which such state and county permits are required to conduct the proposed indoor or outdoor amusement.

(3) The Township Manager, Police Chief and/or Fire Chief has inspected the premises where the proposed indoor or outdoor amusement is to be held and has ascertained that such premises are suitable for the purpose and free from unsanitary, dangerous or hazardous features.

(4) The cash bond required by this article has been paid.

(5) The evidence of public liability insurance required by this article has been filed with the Township Manager.

(6) The license fee required by this article has been paid.

B. The Board may cause any 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 conditions exist or may reasonably be expected to develop because the applicant has not proposed adequate facilities or plans to prevent them or if the location is deemed to be unsuitable because the conduct of the proposed indoor or outdoor amusement therein would create a traffic hazard, or because of the lack of accommodations for the number of persons or vehicles likely to be attracted thereto, or if the proposed indoor or outdoor amusement is likely to create unreasonable annoyance to the residents or inhabitants of the locality. In every case, the Board in approving the application and issuing a license shall state in the license the type of indoor or outdoor amusement authorized and the time for which the license is to remain in effect.

§ 238-9 Guarantee.

Every person applying for a license for an indoor or outdoor amusement under this article shall deposit with the Township Manager a cash bond or unconditional and irrevocable letter of credit from a bank, which shall be in the amount of $500 for each 100 persons expected to attend the amusement event or in the amount of $5,000, whichever is greater. Said bond shall be conditioned for the faithful observance of the provisions of this article and the saving harmless of the Township, its agents and employees from any and all liabilities and causes of action which might arise by virtue of the granting of the said license in said Township, and conditioned further that no damage will occur to Township streets or properties as a result of the indoor or outdoor amusement and that the licensee will not permit any trash, paper, litter or other debris from the indoor or outdoor amusement to remain thereon. Said bond or letter shall also be a guarantee for suitable security for the amusement event. Such bond or letter shall be returned or cancelled upon certification by the Board that all conditions of this article have been complied with and that the aforesaid properties and streets have been placed in a neat condition and all debris removed. Said bond or letter shall be for the further purpose of guaranteeing that the applicant will pay the necessary license fees based on the actual attendance.

§ 238-10 Liability insurance.

Every applicant for a license under this article shall furnish satisfactory evidence to the Township Manager that a public liability insurance policy from an insurance company registered to do business in Pennsylvania, in an amount of not less than $1,000,000, will be in force and effect during the period which said indoor or outdoor amusement is to be conducted in the Township.

§ 238-11 Fees.

[Amended 12-14-1994 by Ord. No. 94-5]

Before a license shall be issued to any person whose application under this article has been approved by the Board, that person shall pay to the Township Manager a fee, which shall be based upon the number of persons that are expected to attend the indoor or outdoor amusement, as shall be established from time to time by resolution of the Board of Commissioners.

§ 238-12 Maximum attendance.

A maximum of 300 people per acre of fenced area shall be permitted to attend an outdoor amusement; provided, further, that the total attendance at the outdoor amusement shall not exceed 5,000 persons per day or per each performance separated by an interval of at least two hours. The maximum attendance for indoor amusements shall be that which building occupancy certificates and/or the Township Fire Code (Chapter 145, Article IV) permits.[1]

[1] Editor's Note: See Ch. 120, Building Construction, and Ch. 145, Fire Prevention.

§ 238-13 Fences.

The entire area to be used for an outdoor amusement, including, but not limited to, entertainment, parking, medical facilities, sanitation facilities, spectator seating and food distribution facilities shall be totally enclosed by a sturdy fence of construction suitable to the Township Manager, which shall be at least 48 inches in height and which shall be securely attached to posts which shall be on a maximum of ten-foot centers. An adequate number of gates shall be provided for entering and leaving the area, with a minimum of two gates required.

§ 238-14 Tickets.

The maximum number of tickets that may be sold for any outdoor amusement shall be based upon the ratio of 300 tickets per acre of fenced area. The maximum number of tickets that may be sold for any indoor amusement shall be the number of persons that the building occupancy certificate or Township Fire Code permits. Tickets shall be printed, consecutively numbered, dated, show the beginning and ending time of the event and show the complete price of admittance. Tickets shall also state that no alcoholic beverages or controlled substances shall be permitted and that violators shall be prosecuted. Admission shall be by ticket only.

§ 238-15 Security requirements.

Licensed uniformed guards shall be at the site of the indoor or outdoor amusement and shall be on duty in the ratio of one uniformed guard per each 100 people or fraction thereof in attendance. The uniformed guards shall constantly circulate and patrol all areas, including, but not limited to, the parking area, the fenced perimeter and the audience, and shall vigorously enforce the condition printed upon the tickets.

§ 238-16 Health requirements.

A. At least one duly licensed ambulance with a crew, including a paramedic, nurse, medical doctor or osteopathic physician, shall be present at the site of the indoor or outdoor amusement at all times if ticket sales are in excess of 500.

B. Permanent plumbed or portable toilet facilities shall be provided for in the ratio of one male and one female toilet per 100 printed tickets or fraction thereof.

C. Adequate potable water shall be provided for emergency first aid, drinking and hand washing.

§ 238-17 Responsibility for expenditures.

Any and all expenditures required to meet the conditions of this article shall be the sole responsibility of the applicant for the indoor or outdoor amusement.

§ 238-18 Issuance of license.

When all the requirements of this article have been met and the application has been approved by the Board, the Township Manager shall issue a license hereunder to conduct the indoor or outdoor amusement. The license shall in every case state:

A. The name and business address of the person authorized to conduct the indoor or outdoor amusement.

B. The type of indoor or outdoor amusement authorized.

C. The date or dates on which the proposed indoor or outdoor amusement is to be conducted.

D. The hours during which the indoor or outdoor amusement is to be conducted on each date or dates authorized by Subsection C above.

E. The site on which the indoor or outdoor amusement is to be conducted.

F. The hour and date on which the license shall expire.

G. That the license shall not be assignable.

§ 238-19 Inspections.

After any license has been issued under this article, the Board or its agents shall inspect the site designated therein before any program, show or entertainment is begun to ensure that no dangerous, hazardous and unsanitary conditions exist. The Board or its agents shall, in addition, have the right to inspect the site designated in the license after the commencement of any program, show or entertainment and after the completion of any program, show or entertainment to further ensure that no dangerous, hazardous or unsanitary conditions exist and that all conditions of this article are being and have been complied with. In the event any dangerous, hazardous or unsanitary conditions are found prior to the commencement of the program, show or entertainment, they shall be immediately corrected by the licensee, and any dangerous, hazardous or unsanitary conditions or other violations of this article found after the commencement of the program, show or entertainment shall be corrected immediately by the licensee and, in the absence of their being immediately corrected as above specified, the license shall forthwith be revoked, the program, show or entertainment shall cease, and no part of the license fee shall be refunded.

§ 238-20 Prohibited conduct.

No person granted a license under this article shall permit upon the site named thereon:

A. Any disorderly or immoral conduct.

B. Any gambling.

C. Any sale of obscene (as defined by the most recent United States Supreme Court decision) literature, pictures, film or other objects.

D. Any indecent, immoral or lewd act or performance.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

E. Any possession, sale or use of intoxicants and/or drugs of any kind, the use, sale or possession of which are prohibited by the laws of the Commonwealth of Pennsylvania.

F. Camping or overnight stays by any attendants, except security personnel.

§ 238-21 Revocation of license.

The Board shall forthwith revoke any license granted under this article for any violation of § 238-20 or if at any time dangerous, hazardous and unsanitary conditions develop on the site designated. Immediately upon notification of the revocation of the license, the applicant shall cease operation of the indoor or outdoor amusement.

§ 238-22 Enforcement; violations and penalties.

[Amended 12-14-1994 by Ord. No. 94-5]

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 $600 and costs of prosecution for each violation thereof and, in default of payment of such fine and costs, to undergo imprisonment for not more than 30 days; provided, however, that each twenty-four-hour period during which a violation exists shall constitute a separate violation of this article. The Board may also use equitable remedies to enjoin violations of this article. The failure to comply with the terms of this article shall render the activity a public nuisance.