No person shall operate or conduct in the Borough any billiard
room, poolroom, bowling alley, shooting gallery, dance hall or theater
without first obtaining and holding a current license therefor from
the Borough of North East. All such licenses shall be issued for a
period of one year beginning and ending on January 1 of each year.
Every person desiring any license as required by the preceding
section of this chapter shall make application to the Borough of North
East therefor, at the same time paying the application fee set by
the Borough Council pursuant to a resolution, and, upon issuance of
such license, shall pay the appropriate license fee established also
pursuant to resolution.
If any person shall begin to engage in any business or activity
for which an annual license is hereby required, on or after the first
day of January in any year, and shall promptly make application for
such license, a fee equal to 1/2 of the yearly fee established pursuant
to resolution for such class of license shall be charged.
Any business or activity licensed under this chapter shall be
subject to inspection by the appropriate officials of the Borough.
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys’ fees incurred by the Borough in the
enforcement proceedings. Upon judgment against any person by summary
conviction, or by proceedings by summons on default of the payment
of the fine or penalty imposed and the costs, the defendant may be
sentenced and committed to the Borough correctional facility for a
period not exceeding 10 days or to the county correctional facility
for a period not exceeding 30 days. Each day that such violation exists
shall constitute a separate offense, and each section of this chapter
that is violated shall also constitute a separate offense. In addition
to or in lieu of enforcement under this section, the Borough may enforce
this chapter in equity in the Court of Common Pleas of Erie County.