The following regulations shall apply to each and every carnival,
circus, traveling show, music festival or any large gathering to be
hereafter conducted in the Borough:
A. License required. No carnival, circus, traveling show, music festival
or any large gathering for entertainment purposes shall be opened
or operated in the Borough unless and until a license has been issued
in accordance with this chapter.
B. Application for license.
(1) No license for a carnival, circus, traveling show, music festival
or any large gathering for entertainment purposes shall be considered
or issued until a written application has been signed by the person
desiring to operate such circus or show and the application filed
with the Borough Clerk. The proper fee shall be paid to the Clerk
and copies of the application shall be filed with the Police Department,
the Fire Department and the Board of Health. The aforesaid Departments
and Board shall submit their comments concerning the application to
the Mayor and Council prior to the issuance of any approval of the
Mayor and Council.
(2) The license application and proper fee shall be delivered to the
Borough Clerk at least 30 days before the Borough Council meeting
at which the application is to be considered.
(3) All such applications shall be made on forms to be provided by the
Borough.
(4) The application shall state the names and addresses of all parties
interested in and intended to benefit from the contemplated profits
of the venture and the amount or percentage thereof. If the stated
beneficiary of any part of the profits is a charitable, patriotic
or religious group, body or corporation of the Borough, its proper
officers shall approve the application and verify the statements made
in the application as to it, in writing.
[Amended 12-19-1983 by Ord. No. 22-83; 10-20-1986 by Ord. No. 86-16]
The fee shall be $500 per day for each carnival, circus, traveling
show, music festival or any large gathering for entertainment purposes
that is licensed to operate, and the total amount of the fee shall
accompany the application. If the application is denied, $100 of the
tendered fee shall be retained by the Borough as a processing fee
for checking the application, applicant and incidental clerical work.
However, any religious, charitable, educational or fraternal organization
sponsoring any carnival, circus or traveling show, music festival
or any large gathering may apply to the Mayor and Council for exemption
from the payment of such fee.
Each licensee shall be responsible for any and all acts of his
agents, employees and servants on the licensed premises.
Any violation of any one or more of such rules shall be sufficient
grounds for suspension of any license. The Borough shall reserve the
right to suspend a license upon reasonable grounds of a probable violation
of one or more of such rules by the licensee or his agent, employee
or servant.
The Chief of Police or his immediate subordinate shall have
the right to revoke any license for a violation of any such rules.
The licensee shall be accorded a public hearing on no more than five
days' notice after revocation.
Each application shall contain the written consent of the owner
of the site where the carnival, circus, traveling show, music festival
or any large gathering for entertainment purposes is proposed to be
conducted.
[Amended 10-20-1986 by Ord. No. 86-16]
Each applicant for license shall deposit with the Borough Clerk, at time of filing application, a certified check or cash bond in the amount of $1,000 to guarantee that, upon the expiration of the license, the licensed premises and the adjacent public roads and immediate vicinity of the licensed premises shall be broom-cleaned within 48 hours after the conclusion of the event. The Borough Clerk shall return the bond to the applicant after he is satisfied that the area has been broom-cleaned. In the event that the area has not been broom-cleaned to the Borough's satisfaction, the bond shall be forfeited, and the applicant shall be subject to penalties provided in §
235-9 of this chapter.
The following shall be exempt from the provisions of this chapter:
A. Athletic events, such as football, baseball, softball, basketball
and similar events, shall not require a license hereunder.
B. Any enterprise managed or controlled by a Borough license operating
under regulations issued by the State Commissioner of Alcoholic Beverage
Control or Legalized Games of Chance Control Commission shall not
require an additional license hereunder.
[Added 10-20-1986 by Ord. No. 86-16]
Any violation of the provisions of this chapter shall be punishable as provided in Chapter
1, General Provisions, Article
II.