[Ord. 976, 1/16/2008]
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:
AMUSEMENT ARCADE
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.
AMUSEMENT ESTABLISHMENT
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.
APPLICANT
Any person who makes application for a permit under this Part.
BOROUGH
Forest Hills Borough.
BOROUGH MANAGER
The Manager of Forest Hills Borough, or his designee, or the designee of Borough Council.
BOWLING ALLEY
A facility or establishment used for bowling and other amusement activities.
LICENSEE
Any person who has been issued a license under this Part and has agreed to fulfill all the terms of this Part.
PERSON
Any natural person, partnership, firm, association, or corporation.
SKATING RINK
A facility or establishment used for skating, dances and other amusement activities.
[Ord. 976, 1/16/2008]
1. 
All amusement establishments must be located in the area of Forest Hills Borough 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:
A. 
Any municipal park, building or facility.
B. 
All firehouses.
C. 
All schools.
D. 
All churches.
E. 
All establishments licensed by the Pennsylvania Liquor Control Board or operated thereunder.
[Ord. 976, 1/16/2008]
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. 976, 1/16/2008]
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. 976, 1/16/2008]
1. 
The following persons shall be ineligible for a license under this Part:
A. 
Any person who has been convicted of a crime within five years of the date of application.
B. 
Any person who has been found guilty or accepted Accelerated Rehabilitation Disposition for committing a crime within five years of the date of application.
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. 976, 1/16/2008]
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 nonrefundable 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 nonrefundable license fee in an amount established, from time to time, by resolution of the Borough Council.
[Ord. 976, 1/16/2008]
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. 976, 1/16/2008]
1. 
Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in § 13-604 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 from 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. 976, 1/16/2008]
1. 
All licensees shall abide by the following regulations:
A. 
Hours of Operation. 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 establishment 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. 976, 1/16/2008]
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:
A. 
Violated or is not in compliance with any provisions of this Part.
B. 
Refused to permit an inspection of the establishment premises as authorized by § 13-307 of this Part.
[Ord. 976, 1/16/2008]
1. 
The Borough Manager shall immediately revoke a license issued under this Part if a cause of suspension in § 13-610 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.
[Ord. 976, 1/16/2008]
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. 976, 1/16/2008]
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 $100 nor more than $1,000 for each violation, plus court costs and costs of prosecution incurred by the Borough, and in default of payment of said fine and costs, to imprisonment to the extent permitted by law for the punishment of summary offenses. Procedures for collection of fines and penalties for default of payment shall be in accordance with Chapter 1 of this Code.
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.