[Ord. 995, 12/10/2003]
The following words when used in this Part, shall have the meanings
ascribed to them in this section, except in those instances where
the context clearly indicates otherwise:
A facility designed and operated as an amusement center equipped
with any combination of five or more mechanical and/or electronic
amusement devices, either as the sole use or in combination with other
business activity, shall be considered to be an amusement arcade.
A facility or business operated for public or private entertainment,
amusement, dances and similar activities. This term shall include,
but not be limited to, any amusement arcade, bowling alley, billiard
hall, pool hall, shooting gallery, and skating rink.
Any person who makes application for a permit under this
Part.
The Borough of Aspinwall.
The Manager of the Borough of Aspinwall, or his designee,
or the designee of Borough Council.
A facility or establishment used for bowling and other amusement
activities.
Any person who has been issued a license under this Part
and has agreed to fulfill all the terms of this Part.
Any natural person, partnership, firm, association, or corporation.
A facility or establishment used for skating, dances and
other amusement activities.
[Ord. 995, 12/10/2003]
1.
All amusement establishments must be located in the area of the Borough of Aspinwall in accordance with the provisions of the Borough Zoning Ordinance [Chapter 27] and shall have a current zoning use and occupancy permit. In addition thereto, no amusement establishment shall be located within 500 feet of the following:
[Ord. 995, 12/10/2003]
No person shall operate or use property for an amusement establishment
without first having procured a license therefore from the Borough
Manager. This prohibition shall apply to the owner, operator, manager
and/or lessee of the subject property and facility.
[Ord. 995, 12/10/2003]
1.
Any person desiring to procure a license for an amusement establishment
shall apply in writing to the Borough Manager.
2.
Such application shall set forth the following:
A.
The name and address of the applicant.
B.
The location of the proposed establishment, including a legal description
of the property, street address and telephone number(s), if any.
C.
The applicant's driver's license number, social security number and
his or her state or federally issued tax identification number.
D.
The name and address of the owner of the property on which the proposed
establishment will be located.
E.
The name, address, driver's license number and social security number
of the owner and any operator/manager of the proposed establishment.
F.
If the owner of the property is not the applicant, then the applicant
shall set forth the length of time for which the property and/or premises
has been leased.
G.
Whether the applicant is a citizen of the United States of America.
H.
A list of all crimes which the applicant has committed within five
years of the date of application.
I.
If the owner or operator/manager of the proposed establishment is
not the applicant, then the applicant shall submit a signed statement
from the owner and operator/manager of the proposed establishment
providing a list of all crimes which the owner and operator/manager
have committed within five years of the date of application.
J.
A detailed and scaled plan of the configuration of the subject premises
identifying its dimensions and the specific locations of all entrances,
exits, emergency exits, restrooms, offices, rooms, private areas,
fixtures, pay telephones, seating areas, dance floors, dining or snack
areas, amusement devices, amusement areas and any other items or areas
which the Borough deems important.
K.
A signed statement from the applicant, property owner, establishment
owner and operator/manager that each such party has been provided
with a copy of the applicable regulations under this Part and that
each such party has read and agrees to be bound by all terms and provisions
thereof.
L.
That the applicant acknowledges that the Borough shall immediately
revoke any license issued under this Part for any violation of the
regulations under this part or for the violation of any federal, state
or local law.
M.
A signed verification by the applicant, property owner, establishment
owner and operator/manager that the facts set forth in the application
are true and correct to the applicant's, property owner's, establishment
owner's and operator/manager's personal knowledge, information and
belief, and that any false statements made therein are subject to
the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn
falsification to authorities.
3.
No license shall be issued by the Borough Manager until a reasonable
time for investigation of the facts set forth in the application and
all circumstances relating thereto.
[Ord. 995, 12/10/2003]
1.
The following persons shall be ineligible for a license under this
Part:
2.
Applicants convicted of a crime may apply to the Borough Council
for a license, which may be granted by the Council, provided the applicant
can prove to the Council's satisfaction that he or she is not in violation
of any of the terms of his or her sentence, that he or she is not
a danger to the community, and that the crime which he or she committed
does not render him/her unsuitable for supervising an area with a
concentration of children and young adults.
[Ord. 995, 12/10/2003]
1.
Application Fee. Every application for a license under this Part
(whether for a new license or for a renewal of an existing license)
shall be accompanied by a non-refundable application and investigation
fee in an amount established, from time to time, by resolution of
the Borough Council.
2.
License Fee. In addition to the application fee required above, every
applicant that is granted a license under this Part (whether for a
new license or for a renewal of an existing license) shall pay to
the Borough a non-refundable license fee in an amount established,
from time to time, by resolution of the Borough Council.
[Ord. 995, 12/10/2003]
1.
An applicant or licensee shall permit authorized Borough officials
and their agents or consultants to inspect the premises of any amusement
establishment for the purpose of insuring compliance with this Part
and all other applicable law at any time it is occupied or open for
business.
2.
Any person who operates an amusement establishment, including his
or her agent or employee, commits a violation of this Part if he or
she refuses to permit such lawful inspection of the premises at any
time it is occupied or open for business.
[Ord. 995, 12/10/2003]
1.
Each license shall expire one year from the date of issuance and maybe renewed only by making application as provided in § 13-504 of this Part. Application for renewal shall be made at least 30 days prior to the expiration date of the existing license. When application for renewal is made less than 30 days prior to the expiration date of the existing license, then the date of the license shall not be extended.
2.
When the Borough denies renewal of a license, the applicant shall
not be issued a license for one year form the date of denial. If,
subsequent to denial, the Borough finds that the basis for denial
of the renewal license has been corrected or abated, then the applicant
may be granted a license if at least 90 days have elapsed from the
date denial became final.
[Ord. 995, 12/10/2003]
1.
All licensees shall abide by the following regulations:
A.
Hours of Operations. No establishment subject to the regulations
of this Part shall be open for business before 8:00 a.m., or after
9:00 p.m. all events at the establishments shall end by no later than
9:00 p.m. These hours of operation shall apply to any events conducted
at the establishment, including those conducted by third parties.
B.
Private Security Guards. Licensee shall provide one security guard
for every 25 persons patronizing the establishment. These security
guards shall remain at the establishment until all patrons have left.
Security guards shall wear uniforms and identification badges that
clearly indicate their position.
C.
Reports to Police Department. Licensee shall immediately report any
disturbances, fights, criminal activity or unattended children to
the Borough Police Department.
D.
Special Events. Licensee shall notify the Borough Police Department
at least 48 hours in advance of any special events, including parties
and other private functions.
E.
Pay Telephones. Licensee shall install and maintain a minimum of
five pay telephones to be placed and maintained on the premises of
the establishment. At least three pay telephones shall be located
inside the establishment, and at least two pay telephones shall be
located directly outside the establishment. All pay telephones shall
be maintained in proper operating condition at all times. Any repairs
needed to maintain the pay telephones in proper operating condition
shall be made within 24 hours of any malfunction.
F.
Waiting Area. Licensee shall provide an indoor area of at least 375
square feet for patrons to wait for their buses or rides. This waiting
area shall not be closed until all patrons have left. Licensee shall
not require patrons to leave this waiting area until their buses or
rides have arrived.
G.
Loitering. Licensee shall not permit patrons to loiter outside the
establishment, or in its parking lot after the establishment has closed.
H.
Letter of Credit. Licensee shall post a replenishing letter of credit
in the amount of $ 10,000 from a lending institution, acceptable to
the Borough, for the benefit of the Borough and to reimburse the Borough
for any expenses, including labor costs, incurred by the Borough Police
Department in responding to calls and otherwise providing services
relating to the operation or patrons of the establishment. This letter
of credit shall be in a form and manner acceptable to the Borough
Solicitor. The Borough shall have the authority to draw on the letter
of credit, in its discretion, for the aforementioned expenses and
the Borough shall provide the licensee with notice of such draw and
a receipt listing the expenses reimbursed through such draw on the
letter of credit. Within seven days after any such draw from the letter
of credit by the Borough, licensee shall replenish the letter of credit
to the amount of $10,000. Licensee shall not refrain from reporting
incidents requiring police attention in order to avoid draws on the
letter of credit.
I.
Display of License. Any license issued under this Part shall be exhibited
at any time at the request of the Borough Manager.
[Ord. 995, 12/10/2003]
1.
The Borough Manager shall immediately suspend any license issued
under this Part for a period not to exceed 30 days if he or she determines
that a licensee or an agent or employee of a licensee has:
[Ord. 995, 12/10/2003]
1.
The Borough Manager shall immediately revoke a license issued under this Part if a cause of suspension in § 13-510 of this Part occurs and the license has been suspended within the preceding 12 months.
2.
The Borough Manager shall immediately revoke a license issued under
this Part if he or she determines that:
A.
Any licensee, property owner, establishment owner or manager provided
false or misleading information in the material submitted during the
application process.
B.
Any licensee, property owner, establishment owner, operator/manager
and/or agent/employee knowingly allowed possession, use, or sale of
controlled substances on the premises.
C.
Any licensee, property owner, establishment owner, operator/manager
and/or agent/employee of the establishment knowingly permitted a violation
of any federal, state or local law on the premises.
D.
Any licensee is delinquent in payment to the Borough of any licensing
fees, municipal service fees or taxes.
E.
Such revocation is necessary for the benefit or protection of the
public health, safety, welfare or morals.
3.
When the Borough revokes a license, the revocation shall continue
for one year, and the licensee shall not be issued a license under
this Part for one year from the date the revocation became effective.
If, subsequent to revocation, the Borough finds that the basis for
the revocation has been corrected or abated, the applicant may be
granted a license if at least 90 days have elapsed since the date
the revocation became effective.
1.
All license application, renewal, suspension or revocation decisions
shall be sent in writing to the applicant or licensee. All such decisions
which deny, suspend or revoke a permit shall specifically state the
requirements not met and any other basis for the decision. After denial
of an application, or denial of a renewal of a license, or after suspension
or revocation of a license, the applicant or licensee may appeal to
the Borough Council pursuant to the Local Agency Law, 2 Pa.C.S.A.
§§ 105, 551 et seq. and 751 et seq., as amended. The
Council will then hold a Local Agency Law hearing within 20 days from
the date the appeal is filed and will render a written decision within
10 days from the date such hearing concludes. Any such appeal must
be filed, in writing, with the Borough Manager within 10 days from
the date of mailing of the decision appealed from. Failure to file
an appeal with the Borough Manager within the above-mentioned time
period shall be deemed a conclusive determination as to the issues
or matters addressed by the written decision. In the case of a denial
of a license renewal, or in the case of a license suspension or revocation,
the licensee may continue to operate to the same extent as immediately
prior to the suspension or revocation until the earlier of: (a) the
expiration of the ten-day appeal period without filing an appeal;
or (b) the date of a decision dismissing any appeal.
2.
Any person aggrieved by a decision of the Borough Council may appeal
to a court of competent jurisdiction. The Borough shall, upon filing
of such appeal, consent to any request by a license applicant or licensee
to the court to give expedited review of such appeal. The Borough
shall certify any record to the court within 20 days of any request
by the court to do so.
[Ord. 995, 12/10/2003]
1.
Any person, firm or corporation who violates a provision of this
Part, or who fails to comply therewith, or with any of the requirements
thereof, shall be, upon conviction thereof, sentenced to pay a fine
of not less than $300 nor more than $1,000 for each violation, plus
costs, and in default of payment of said fine and costs, to imprisonment
to the extent permitted by law for the punishment of summary offenses.
2.
A separate offense shall arise for each day or portion thereof in
which a violation is found to exist or for each section of this Part
found to have been violated. All fines and penalties for the violation
of this Part shall be paid to the Borough Treasurer.
3.
The Borough may also commence appropriate actions in equity or other
to prevent, restrain, correct, enjoin, or abate violations of this
Part.
