As used in this article, the following terms shall have the
meanings indicated:
Includes any and all forms of amusement where the amusement
device may be moved from place to place with the purpose of soliciting
patrons or attracting audiences, irrespective of whether the same
is accompanied by music, mechanical or otherwise, or by entertainment
of any kind, or provides rides or other amusement for patrons.
It shall be unlawful for any person to operate or conduct a
carousel, whip or other mobile amusement device as herein defined
unless he first obtains a license from the Township Clerk as hereinafter
provided.
A.
Any person desiring a license under this article shall file with
the Township Clerk an original and one copy of an application, under
oath, in writing, on a form furnished by the Township Clerk.
B.
The application shall set forth the following information:
(1)
The applicant's name, business name and business address.
(2)
Whether the applicant is an individual, a partnership, a corporation
or another entity and, if another entity, a full explanation and description
thereof.
(3)
If the applicant is an individual, the applicant's residence
address and date and place of birth.
(4)
If the applicant is a partnership, the full names, residence addresses,
dates and places of birth of each partner.
(5)
If the applicant is a corporation or other entity, in the case of
a corporation, the full names, residence addresses, dates and places
of birth of each major officer and each stockholder, the name and
address of the registered agent and the address of the principal office
(The term "stockholder," as used herein, means and includes any person
owning or having an interest, either legal or equitable, in 10% or
more of the stock issued and outstanding of the applicant corporation.);
in the case of another entity, the full names, residence addresses,
dates and places of birth of each person owning or having any interest,
either legal or equitable, aggregating in value 10% or more of the
total capital of said entity, the name and address of the registered
agent, if any, and the address of the principal office.
(6)
Whether the applicant or any partners, officers or stockholders thereof
have ever been arrested or convicted of a crime and, if so, the name
of the person arrested or convicted, the date of arrest, the crime
or charge involved and the disposition thereof. The term "officers"
as used herein means and includes the president, vice presidents,
secretary and treasurer of a corporate applicant.
(7)
A description of the device to be covered by the license.
The application shall be referred to the Chief of Police for
the purpose of investigation as to the truth of the matters contained
in the application, whether the applicant is of good moral character
and whether the amusement device is in such condition as to be operated
safely. The Chief of Police shall return the application with his
report and with his approval or disapproval thereof endorsed upon
the application.
A.
No license shall be issued to any applicant unless he shall have
attained the age of 21 years.
B.
No license shall be issued unless the Chief of Police has endorsed
his approval thereof upon the application.
C.
No person shall be granted a license under this article unless he
first furnishes evidence to the Township Clerk that he has secured
and paid for a public liability insurance policy in amounts of not
less than $20,000 for one person and $100,000 for any one accident.
D.
At the time of making application for a license under this article,
the applicant shall deposit with the Township Clerk a bond in the
sum of $100,000, conditioned upon saving harmless the Township from
any and all liabilities or cause of action which might arise by virtue
of the granting of a license to the applicant, and conditioned further
that no damage will be done to the streets, sewers, trees or adjoining
property, and that no dirt, paper, litter or other debris will be
permitted to remain upon the streets or any private property by such
applicant.
E.
Every applicant under this article shall, before a license is issued,
file with the Township Clerk a power of attorney, constituting and
appointing the Township Clerk his agent for the acceptance of service
of process of any court of competent jurisdiction, and any notices
required to be given to the licensee or his surety on the bond, and
the insurance company on the public liability policy.
The license fee shall be as set forth in Chapter 71, Fees. The license shall expire on December 31 of the year in which the license was issued.
A.
No person holding a license under this article shall permit any person
under 21 years of age to play or operate the licensed amusement device.
B.
No person holding a license under this article shall permit the operation
of the licensed amusement device:
(1)
Before 10:00 a.m. on weekdays and Saturdays.
(2)
After 11:00 p.m. on weekdays and Saturdays.
(3)
On Sundays, all day.
(4)
Within 1,000 feet of any church during religious services.
(5)
Within 1,000 feet of any school during school hours.
(6)
Within 2,000 feet of any medical facility at any time.
C.
No person holding a license under this article shall park the licensed
amusement device at any intersection of streets or public highways
or at any point upon a public highway so as to create a traffic hazard.
A.
All licenses issued under this article shall be subject to revocation
by the Council at any time for:
B.
Prior to such revocation, there shall be a hearing before the Council,
after a five-day written notice thereof.
C.
Such license may, pending revocation proceedings, be suspended by
the Chief of Police if, in his opinion, the conduct of the licensee
is detrimental to the health, safety and welfare of the Township.
Any person who violates any provision of this article shall,
upon conviction thereof, be punished by a fine not exceeding $500
or by imprisonment for a term not exceeding 90 days, or both. A separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues.
