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.