No person shall conduct a public exhibition, including a circus, fair, carnival, rodeo, feat of horsemanship, menagerie, caravan of animals, animal show, exhibition of any natural or artificial curiosity, or performance or exhibition of such nature within the Borough of Milford without first obtaining a license for such performance or exhibition from the Borough Secretary.
No person shall operate any premises wherein are located any mechanical amusement devices for the playing of games commonly known as "pinball machines," or bowling alleys, shooting galleries, mechanical grabbing machines, billiard or pool tables, electronic video games, mechanical musical devices commonly known as "jukeboxes" or any game, operation or transaction similar thereto under whatever name it may be indicated, whether or not a prize is offered and whether mechanical, electrical or electromechanical, without first obtaining a license for each such premises from the Borough Secretary.
Applications for licenses shall be made upon forms to be supplied by the Borough Secretary for that purpose. Applications shall contain the following information:
A. 
For all licenses required by this article:
(1) 
The name and address of the applicant.
(2) 
The type of person, whether individual, partnership, corporation or other type of legal person.
(3) 
The age, date and place of birth and citizenship of the applicant and any resident natural agent of the applicant.
(4) 
If the applicant is a partnership, the names, addresses and citizenship of all persons having an interest in the business.
(5) 
If the applicant is a corporation, the names, addresses and citizenship of all officers.
(6) 
Any prior convictions of the applicant or any resident natural agent of the applicant for violation of any law or ordinance.
(7) 
A statement that applicants shall comply with all local, county, state and federal requirements.
B. 
Additional information.
(1) 
For licenses to conduct public exhibitions as required by § 88-1 of this article:
(a) 
The proposed location and duration of the exhibition.
(b) 
The nature of the exhibition to be presented.
(c) 
A detailed list of each exhibition, entertainment, performance and/or amusement device to be located on the proposed location of the event.
(d) 
The number of pieces of equipment for music and all loudspeaker devices and other devices for the amplification of sound.
(2) 
For licenses to operate any premises wherein are located any amusement devices as defined in § 88-2 of this article:
(a) 
The place and description of the machines or devices to be displayed or operated.
(b) 
The type of business conducted at that place.
A. 
Upon presentation of an application as provided herein, the Borough Secretary shall refer such application to the Borough Solicitor or other person designated by the Borough Council for a full investigation as to the truth of the statements contained therein and as to any or all other matters which might tend to aid the Council in determining whether or not such application should be granted.
B. 
The Council, upon receipt of a written report by the investigator, shall decide whether or not a license shall be issued, considering among other things the effect of the amusement or exhibition upon the peace, welfare and good order of the Borough.
C. 
In granting licenses, the Council may approve or disapprove each particular exhibition or amusement device and may also approve or disapprove any lighting system or device emitting or amplifying sound used at any exhibition. The Council may impose conditions upon the issuance of any license, the violation of which shall constitute a violation of this article and shall subject the violator, upon conviction, to the penalties provided for against this chapter.
A. 
The annual fee for licenses required for places wherein are located any mechanical amusement devices described in § 88-2 of this article shall be per the fee schedule as established by the Borough Council. Renewals of such licenses shall require merely the original application for license, submission of the annual license fee and approval of the renewal by the Council. Renewals shall be applied for at least 60 days prior to the date of expiration of the current license.[1]
[Amended 9-14-1987 by Ord. No. 258; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[1]
Editor's Note: Former Subsection B, regarding license fees for public exhibitions, was repealed 9-14-1987 by Ord. No. 258.
B. 
License fees submitted with applications which are either withdrawn by applicants or denied by the Council shall be refundable, less actual costs of investigation incurred by the Borough. Unexpended or unused licenses shall not, however, enable the licensee to gain a refund of license fees paid for licenses after such licenses shall have been approved by the Council.
A. 
Before any license shall be issued hereunder for any public exhibition or any premises wherein is located any mechanical amusement device, the applicant may be required, at the discretion of the Council, to secure a public liability insurance policy in such principal sum as the Council may deem sufficient to protect members of the public. Such insurance policy shall be executed by the applicant and conditioned that the Borough will be saved harmless for any injury to persons or property because of fault or default by the licensee. Said policy shall be issued by a bonding company authorized to do business in the Commonwealth of Pennsylvania, in form approved by the Solicitor, and shall be filed with the Secretary.
B. 
In the case of any license issued for any public exhibition, a bond or certified check shall be required in the amount of $250 for cleanup and return of the property to its previous condition. Such bond or certified check shall be returned upon satisfactory inspection by the Superintendent of Streets.
Nonprofit organizations of the Borough of Milford, including organizations of a charitable, religious, educational, veteran or firemanic nature, shall be exempt from the fees for licenses required by this article but shall be required to secure a license for public exhibitions or mechanical amusement devices required to be licensed and shall observe all rules of conduct established herein for licensees.
A. 
Licensees shall not permit gambling at any public exhibition or on any licensed premises, except for nonprofit organizations, as provided for in § 88-7, who are in compliance with state laws and regulations.[1]
[1]
Editor's Note: Former Subsection B, regarding use of any mechanical amusement device by any person under 18, which immediately followed this subsection, was repealed 9-14-1987 by Ord. No. 258.
B. 
No licensee shall permit the giving of any performance of a lewd, vulgar or immoral type or the use therein of any indecent or obscene language or any behavior tending to corrupt the public morals or incite the public to break any law or ordinance.
C. 
No licensee shall permit any disorderly, lewd, dissolute, drunken or boisterous person, any person under the influence of intoxicating liquor or narcotic or hallucinogenic drug, or any person whose conduct tends in any way to corrupt the public morals to be admitted or to remain in or about any licensed exhibition or premises.
A. 
Licensees shall post their licenses conspicuously at the location of the licensed exhibition or on the premises licensed.
B. 
Licensees desiring to transfer their licenses to new locations within the Borough or to change or revise their list of licensed mechanical amusement devices shall submit application for such relocation, change or revision to the Borough Secretary for approval by the Council. No refund of any license fee shall be made if an application for relocation, change or revision is disapproved.
C. 
No license shall be transferable from one person to another.
A. 
The Borough Council reserves the power to revoke any license issued under the provisions of this article at any time, in cases in which such licenses were procured by fraud or false representation of facts or for the violation of or failure to comply with any provision of this article by any licensee or by servants, agents or employees of licensees, or the conviction of the licensee of any crime or offense involving moral turpitude, or the conviction of any of his servants, agents or employees of any crime or offense involving moral turpitude committed on the location or premises licensed.
B. 
In the case of any public exhibition as described in § 88-1 of this article, such revocation may be without notice, and upon the service of a notice of revocation, either by person, mail or posting on the location for which a license is issued, such public exhibition shall cease operations immediately.
C. 
In the case of any premises wherein is located any mechanical amusement device as described in § 88-2 of this article, the Borough Council shall, at least three days before revoking any license, cause to be mailed, in a prepaid envelope, to the licensee at his address as stated in his application for license, a notice stating the time and place of the hearing concerning the revocation. At the hearing the licensee shall be entitled to be heard and to introduce the testimony of witnesses. The Council shall decide, upon the basis of the evidence presented at the hearing, whether or not the license in question shall be revoked. Licensees may appeal from the decisions of the Council as provided by law.