[Ord. 586, 9/25/1978, § 1; as amended by Ord. 675, 11/17/1986]
From and after the passage of this Part, it shall be unlawful for any person or persons, firms or corporations, either principal or agent, without first complying with the terms of this Part and if required, paying the designated fee:
To show, exhibit or conduct a circus or other form of public amusement, entertainment, exhibition, demonstration or advertisement, in which any part of a public highway is used for any purpose connected therewith, unless upon payment of a license fee as set forth by resolution of Borough Council, hereinafter "Council," except for non-commercial, fraternal, patriotic or charitable affairs for which the Borough Manager shall, upon approval by Council, issue a permit without charge.
To parade, show or demonstrate upon any of the public highways of the Borough without first submitting to the Borough Manager a plan thereof as to time involved and space covered for which parade, show or demonstration the Manager shall charge, subject to the same exceptions named in paragraph 1, a license fee as set by resolution of Council, unless same person or persons shall have paid a license fee for a show or circus to be given in connection therewith, in which case no separate fee for parade shall be charged.
To use or permit the use of any building or land, or part thereof, within the limits of the Borough for any show, exhibition, demonstration, sale of merchandise in connection therewith, and theatrical performance or their like to which the public is admitted, either free or upon payment of admission, and a license fee as set by resolution of Council shall be charged; no license to be issued to the same person for a longer period than a week, subject however, also to exceptions contained in paragraph 1 and those businesses supervised by the Pennsylvania Liquor Control Board.
To conduct dances within the Borough to which the public is admitted, a license fee as set by resolution of Council shall be charged in cases where at least one dance shall be held by the same person or persons once per week, and in cases where public dances are held by the day or night by the same or different persons, a license fee as set by resolution of Council shall be charged except where the funds derived from such dance or dances held shall be for a purely charitable, fraternal or patriotic cause or the dancing activity is subject to the supervision of the Pennsylvania Liquor Control Board.
To show, exhibit, or conduct operas and moving pictures, and amusement establishments of a similar nature, without first submitting to the Borough Manager a schedule indicating the days and hours of operation and complying with Borough safety and health ordinances, and paying a license fee as set by resolution of Council to the Treasurer of the Borough on or before the tenth day of January of each and every year.
To use or permit the use of any building or land or part thereof, within the limits of the Borough for any poolroom, billiard room, shooting gallery, skating rink, or bowling alley, without first submitting to the Borough Manager a schedule indicating days and hours of operation and complying with Borough safety, health and tax ordinances, and paying a license fee as set by resolution of Council to the Borough on or before the tenth day of January of each and every year.
[Ord. 586, 9/25/1978, § 2; as amended by Ord. 675, 11/17/1986]
All licenses required by this Part shall be obtained from the Borough Manager, and all the fees required to be paid shall be paid to the Borough before any of the aforesaid amusements, entertainments, shows, or other events herein named shall be held. In addition, it is necessary for all applications for a license to be submitted in writing to the Borough Manager prior to the time such license is to take effect. Such application shall include:
The name and business address of the person who proposes to conduct the activity;
The type of activity proposed;
The date or dates on which the proposed activity is to be conducted;
The hours during which the proposed activity is to be conducted on each date submitted;
The site where the activity is to be conducted;
The number of people anticipated at the activity.
A separate application must be filed if there are multiple sites, with one application for each site with such application being acknowledged and containing a statement that the facts set forth therein are true and correct under the penalties of perjury. The Borough Manager shall provide application forms which must be used by the applicant.
[Ord. 586, 9/25/1978, § 3]
No license shall be issued under this Part until:
The application required by this Part has been approved by Borough Council;
A certified copy of all State and County permits are filed with the Borough Manager in any instance in which such State and County permits are required to conduct a proposed activity;
The Borough Council or its agents, have inspected the premises where the activity is to be held to ascertain whether such premises are suitable for the purpose and free from unsanitary, dangerous, or hazardous features;
Evidence of public liability insurance has been filed with the Borough Manager;
Any other investigation or inspection the Borough Council deems necessary to secure the facts needed by it to determine if the application should be approved may be held.
Borough Council may reject the application or refuse to grant the license if any unsanitary, hazardous or dangerous conditions exist, or if the location is deemed unsuitable because the conduct of the proposed activity therein would create a traffic hazard, or because of the lack of accommodations for the number of persons and/or vehicles likely to be attracted thereto, or if the proposed activity is likely to create unreasonable annoyance to the residents or inhabitants of the locality; in every case, the Borough Council approving the application and issuing a license shall state in the license the type of activity authorized and the time for which the license is to remain in effect.
[Ord. 586, 9/25/1978, §§ 4, 5]
Every person or organization applying for a license for an activity described under this Part shall enter into an agreement whereby he or they save or saves the Borough of Emmaus harmless from any and all liabilities and causes of action which might arise by virtue of the granting of such license in the Borough of Emmaus; and conditioned further, that no damage will occur to the streets, bridges and other public or private property in the Borough or adjacent thereto as a result of the activity, and that the licensee will not permit any dirt, paper, litter, or other debris from the activity to remain thereon.
[Ord. 586, 9/25/1978, § 6]
When all the requirements of this Part shall have been met and the application has been approved by the Borough Council, the Borough Manager shall issue a license hereunder to conduct the activity. The license shall in every case state:
The name and business address of the person authorized to conduct the activity;
The type of activity authorized;
The date or dates on which the proposed activity is to be conducted;
The hours during which the activity is to be conducted on each date or dates authorized by subsection 3 supra;
The site on which the activity is to be conducted. A separate license must be issued for every site and a separate fee paid for each. A license shall not be assignable.
[Ord. 586, 9/25/1978, § 7]
After any license has been issued under this Part, Borough Council or its agents, shall inspect the site designated therein before any program, show or entertainment is begun, to insure that no dangerous, hazardous or unsanitary conditions exist. The licensee shall correct any such dangerous, hazardous and unsanitary conditions which may exist before any activity is begun. If he does not, his license shall forthwith be revoked and no part of the license fee shall be refunded.
[Ord. 586, 9/25/1978, § 8]
No holder of a license under this Part shall make or permit to be made unnecessary or unreasonable noise by loud speaker, amplifying device or any other means which would disturb the residents in the vicinity of the premises wherein such licensed activity is held.
[Ord. 586, 9/25/1978, § 9]
No person or organization granted a license under this Part shall permit upon the site named therein;
[Ord. 586, 9/25/1978, §§ 10, 11]
Borough Council shall by resolution:
Set the hours of operation permissible for the activities controlled by this Part;
Set the amount of insurance necessary for operation of the various activities controlled by this Part;
Alter the fees called for by this Part as may from time to time appear reasonable;
Authorize a representative to perform the necessary inspections required by this Part.
Borough Council shall forthwith revoke any license granted under this Part at any time dangerous, hazardous or unsanitary conditions develop on the site designated in the license, or if the license violates, in any way, any of the provisions of this Part or the conditions of the permit, and no part of the license fee shall be refunded.
[Ord. 586, 9/25/1978, § 12; as amended by Ord. 675, 11/17/1986]
Any person, firm or corporation who shall violate any provision of this Part 1 shall, upon conviction thereof, be sentenced to pay a fine of not more than $300; and/or to imprisonment for a term not to exceed 90 days.