[HISTORY: Adopted by the Board of Supervisors of the Township of Metal 10-6-1983 by Ord. No. 1983-1. Amendments noted where applicable.]
A. 
The term "outdoor amusement" as used in this chapter, shall mean and include any outdoor theatrical, musical or dramatic performance, festival or carnival, or any other outdoor exhibition, show, entertainment, or amusement of any similar nature or kind, for which an admission fee is charged or for which money or other reward of any nature is in any mariner demanded, expected or received. The term "outdoor amusement" shall not include any of the foregoing events at which total attendance is not reasonably expected to be in excess of 350 people, any church or school event, or performance or exhibition conducted solely for the civic, benevolent or charitable purposes of the person promoting it whose members substantially participate in the work involved in promoting and operating it.
B. 
The word "person" shall mean any natural person, partnership, association, firm or corporation.
C. 
The singular shall include the plural and the masculine shall include the feminine.
No person either as principal or agent shall conduct or hold, nor shall permit the conduct or holding on premises owned or under the control of such person, any outdoor amusement in the Township of Metal unless and until the same shall have been licensed according to the provisions of this chapter. An application for the license required by this chapter must be filed with the Secretary of the Board of Supervisors at least 60 days prior to the date on which the outdoor amusement is proposed to be held. Such application shall be in writing and shall include:
A. 
The name and business address of the person who proposes to conduct the outdoor amusement and any outdoor amusements conducted by such person within the prior three years.
B. 
The type of the outdoor amusement proposed.
C. 
The date or dates on which the proposed outdoor amusement is to be conducted.
D. 
The hours during which the proposed outdoor amusement is to be conducted.
E. 
The site on which the proposed outdoor amusement is to be conducted, the names of the record owner of such site and, if such record owner is not the person applying for the license, the consent of the record owner of the site.
F. 
The number of people per performance per day which applicant estimates will attend the proposed outdoor amusement.
G. 
How the applicant proposes to provide sanitary facilities and traffic control for the event.
H. 
A separate application must be filed for each site and each application shall contain the affidavit of the applicant that the facts set forth therein are true and correct.
No license shall be issued until:
A. 
The application has been approved by the Board.
B. 
A certified copy of all state and county permits are filed with the Secretary of the Board in any instance in which such permits are required to conduct the proposed outdoor amusement.
C. 
The Board, or its agent has inspected the premises where the proposed outdoor amusement is to be held to ascertain whether such premises are suitable for the purpose and free from unsanitary, dangerous or hazardous features.
D. 
Evidence of public liability insurance required by this chapter has been filed with the Secretary of the Board.
E. 
The bond required by this chapter has been filed.
F. 
The license fee required by this chapter has been paid.
G. 
Provisions suitable to the Board have been made for treatment of any unpaved road in the vicinity of the licensed premises designated by the Board to be treated.
H. 
The Board may cause any other investigation or inspection to be made to secure facts needed by it to determine if the application should be approved and the license granted. It may reject the application and refuse to grant the license if: (1) any unsatisfactory, hazardous or dangerous condition exists at the site, (2) the location is deemed by the Board unsuitable because the conduct of the proposed outdoor amusement would create traffic conditions adverse to the health and safety of the residents of the Township, (3) there is a lack of proper accommodations for the number of persons and/or vehicles likely to be attracted thereto; (4) the proposed outdoor amusement is likely to create unnecessary annoyance to the residents or inhabitants of the locality. In every case the Board in approving the application and issuing a license shall state in the license the type of outdoor amusement authorized and the time for which the license is to remain in effect.
Every person applying for a license for an outdoor amusement hereunder shall deposit with the Township a cash bond in the sum of $1,000 when the number of persons expected to be in attendance is between 350 and 1,000 people, and $25,000 when the number of persons expected to be in attendance is over 1,000. Such bond shall be conditioned for the faithful performance of the provisions of this chapter and indemnification of the Township from any and all liabilities and causes of action which may arise by virtue of the granting of such license in the Township, conditioned further that no damage shall occur to the streets, bridges, and other public or private property in the Township or adjacent thereto as a result of the outdoor amusement, and that all dirt, paper, plastic, cans and other litter remaining from the outdoor amusement shall have been removed and properly disposed of and that the sanitary conditions of the premises are equal or better than the conditions existing before the permit was granted. The bond will be returned without interest when the Supervisors have determined that all conditions of the license and this chapter have been complied with and may deduct the full cost of compliance should it be necessary for the Supervisors to expend money for compliance.
Every applicant for license under this chapter shall furnish satisfactory evidence to Secretary of the Board that public liability insurance in amounts not less than $300,000 for one person, and $500,000 for one accident will be in force and effect during the period in which the outdoor amusement is to be conducted. Such policy shall be subject to approval of the Township Solicitor.
Fees for issuance of permits hereunder shall be established by resolution of the Board of Supervisors from time to time.
The Secretary of the Board shall issue a license to conduct the outdoor amusement when the application has been approved by the Board stating the name and business address of the person authorized to conduct the outdoor amusement, the type of outdoor amusement authorized, the date or dates on which the proposed outdoor amusement is to be conducted, the hours during which the outdoor amusement is to be conducted on each date or date authorized, the site on which the outdoor amusement is to be conducted, and the hour and date on which the license shall expire. Such license shall not be assignable and shall be revocable by the Board with consensus of any two supervisors if the outdoor amusement shall not be conducted in accordance with the license issued or if it is ascertained before any program, show or entertainment is begun that a dangerous or unsanitary condition exists on the premises and the licensee has not corrected the same after notice. In the event of revocation of the license, no part of the license fee shall be refunded.
No holder of a license under this chapter shall make or permit to be made any unnecessary or unreasonable noise by amplifying device or other means, which would disturb the residents in the immediate vicinity of the premises wherein such license for outdoor amusement is held.
At no time shall any directional signs to the site named in the application for license hereunder be posted along any roads in the Township except those designated by the Board of Supervisors in approving the application.
No person granted a license under this chapter shall permit upon the site of the outdoor amusement:
A. 
Any disorderly or immoral conduct.
B. 
Any gambling, any sale of literature, pictures, films, or other objects having a prurient nature abhorrent to the standards of the community of Metal Township, any indecent, immoral or lewd act or performance, or any possession or sale or use of intoxicants or drugs of any kind.
Any person who shall violate any of the provisions of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $300 and costs of the prosecution for each violation thereof and in default of payment of such fine and costs to imprisonment for not more than 30 days.