[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:
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
6.
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:
1.
The name and business address of the person who proposes to conduct
the activity;
2.
The type of activity proposed;
3.
The date or dates on which the proposed activity is to be conducted;
4.
The hours during which the proposed activity is to be conducted on
each date submitted;
5.
The site where the activity is to be conducted;
6.
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:
1.
The application required by this Part has been approved by Borough
Council;
2.
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;
3.
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;
4.
Evidence of public liability insurance has been filed with the Borough
Manager;
5.
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]
1.
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:
1.
The name and business address of the person authorized to conduct
the activity;
2.
The type of activity authorized;
3.
The date or dates on which the proposed activity is to be conducted;
4.
The hours during which the activity is to be conducted on each date or dates authorized by subsection 3 supra;
5.
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]
1.
Borough Council shall by resolution:
A.
Set the hours of operation permissible for the activities controlled
by this Part;
B.
Set the amount of insurance necessary for operation of the various
activities controlled by this Part;
C.
Alter the fees called for by this Part as may from time to time appear
reasonable;
D.
Authorize a representative to perform the necessary inspections required
by this Part.
2.
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.
