[Ord. 141, 10/2/1934, Section 1]
All licenses and permits required under the provisions of this
ordinance shall, unless otherwise provided herein, be issued by and
obtained from the Manager.
[Ord. 141, 10/2/1934, Section 1.d; amended by Ord. 445, 7/12/1954,
Section 5]
It is temporarily permitted, upon payment of a license fee of
$10 per day, or fraction thereof, to the Manager or to the Secretary
after a favorable vote of Council should the Manager refuse, to parade,
show or demonstrate within the highways of the Municipality at a time
and within a space designated by the Manager or by the Council, as
herein provided.
[Ord. 141, 10/2/1934, Section 1.e; amended by Ord. 445, 7/12/1954,
Section 6]
It is temporarily permitted, after payment to the Manager of
a license fee of $50 for each day's performance, to show, exhibit
or conduct a circus or other form of special amusement, entertainment,
exhibition or demonstration, whether on public or private property,
which fee shall include all operations usual and necessary to the
particular subject licensed.
[Ord. 141, 10/2/1934, Section 1.h; amended by Ord. 445, 7/12/1954,
Section 8]
It is temporarily permitted to conduct public dances, for which
a fee is charged, upon payment of license fee of $5 per dance or $100
per year, provided that a permit be issued after application has been
made and considered by the Chief of Police and the Mayor and, provided
further, that the premises are open to inspection by public officers
and comply with other municipal ordinances and state regulations as
to health, fire, public morals and other relevant matters.
[Ord. 141, 10/2/1934, Section 1.k.]
It is permitted to conduct auctions by a properly licensed auctioneer,
on the payment of $5 for each session of the auction where the sidewalks
or streets are used.
[Ord. 141, 10/2/1934, Section 1.f]
It is temporarily permitted to use the highways for the purpose
of gathering junk or other waste material (except garbage) for the
purpose of storing the same at a point approved by a vote in Council,
upon payment of license fee of $2.50 a year for each vehicle used.
[Ord. 141, 10/2/1934, Section 1.g; amended by Ord. 445, 7/12/1954,
Section 7]
It is temporarily permitted, upon payment of a license fee of
$10 per month or fraction thereof, to place building materials upon
a street, alley and/or sidewalk in the Municipality, when a building
or buildings is being constructed or repaired at abutting premises,
provided that a permit is secured from the Zoning Officer. Protection
of pedestrians on sidewalks shall be subject to the direction of the
Manager.
[Ord. 141, 10/2/1934, Section 1.a; amended by Ord. 445, 7/12/1954,
Sections 2 and 3]
a.
From and after the passage of this ordinance, it shall be unlawful
for any person, firm or corporation, either as principal or as agent,
to do, cause to be done, or permit to continue if within his control,
anywhere within the Municipality, whether on public or private property,
any matter or thing herein designated as prohibited. In this provision,
the singular shall include the plural and the masculine shall include
the feminine and neuter.
b.
It is prohibited to show, exhibit or conduct, anywhere within the
limits of the Municipality, either on public or private property,
any circus, exhibition, entertainment or amusement, whether educational
or otherwise, not herein especially provided for.
c.
It is prohibited to give, solicit, sell, show, exhibit, demonstrate,
conduct or permit anything intending to injure health, imperil safety
of person or property or to be injurious to good morals, whether the
place be on public or private property.
d.
Exceptions to Prohibitions. Nothing herein contained shall apply
to any purely public charity as defined in the tax exemption laws
of the State or to church or school functions, but in all such exempt
cases where a public property or a public highway is used therefore,
a permit therefore shall be obtained from the Manager, which permit
shall be issued without any fee.
[Ord. 141, 10/2/1934, Section 1.c; amended by Ord. 445, 7/12/1954,
Section 4]
It is permitted, without payment of a license fee, but only
after obtaining permit therefore from the Manager or Secretary after
a favorable vote of Council, should the Manager refuse, to do all
the things hereafter licensed and subject to a fee, where at least
50% of the entire gross proceeds therefrom shall inure to the benefit
of a purely public charity, as defined in the tax exemption laws of
the State. The provisions hereof are subject to the subsequent sections
of this ordinance.
[Ord. 141, 10/2/1934, Section 2; amended by Ord. 445, 7/12/1954,
Section 11]
The payment of a license fee shall not permit the holder of such license to create a nuisance or to do anything dangerous in itself or that may attract children to a danger. Anything done contrary to any of the provisions of this ordinance is hereby declared to be a nuisance and shall be abated as such and, in addition, the holder of such license shall be liable to penalty for violation, as provided in § 10-114 of this chapter.
Nothing may be licensed under this ordinance which is prohibited
by state law or by any other municipal ordinance. No license granted
under this ordinance shall be transferable. Upon request of the Mayor
or of any Police Officer of the Municipality, any such permit or license
shall be exhibited to such municipal officer.
The Mayor is hereby authorized to suspend any license herein
granted when he deems such suspension to be for the benefit of public
health, safety or morals. When any such license shall be suspended,
there shall be refunded to the holder of such license the pro rata
share of the license fee represented by that portion of the license
period which shall not have expired.
[Ord. 141, 10/2/1934, Section 3; amended by Ord. 445, 7/12/1954,
Section 12]{30}
Any person violating any of the provisions of this ordinance
shall, upon conviction before the District Magistrate{20} of the Municipality,
be liable to a fine of not less than $1 and not more than $50 for
each offense and costs of prosecution and, in default of payment thereof,
shall be imprisoned in the County Jail for a period not exceeding
30 days.
[Ord. 1810, 4/5/2005; amended by Ord. 1842, 4/4/2006; by
Ord. 1867, 2/20/2007, Section 2; by Ord. 1870, 4/2/2007, Section 1;
by Ord. 1895, 4/21/2008; by Ord. 1914, 12/15/2008, Section 13; by
Ord. 2097, 6/5/2017, Section 1; by Ord. No. 2112, 6/18/2018; by Ord. No. 2182, 5/2/2022; by Ord. No. 2203, 6/5/2023; by Ord.
No. 2216, 12/18/2023; by Ord. No. 2223, 6/3/2024]
a.
Area Designated. The Arts Festival area is hereby designated to consist
of the area (including public areas contained within the aforesaid
boundaries) bounded by Allen Street from College Avenue to Fairmount
Avenue; Fairmount Avenue from Alien Street to Fraser Street; Fraser
Street from Fairmount Avenue to Foster Avenue in addition to certain
roads on the Penn State University campus.
b.
Time Designated. The time period for the conduct of the Central Pennsylvania
Festival of the Arts shall be from 1:00 a.m., prevailing time, Wednesday,
July 10, 2024, through 12:00 midnight, prevailing time, Sunday, July
14,. 2024.
c.
All corresponding ordinances utilizing the term "Central Pennsylvania Festival of the Arts" and/or "Arts Festival" shall have the meaning of and apply to the area designated herein under Subsection a and shall refer to the time period established by Subsection b herein, unless otherwise defined or implied by the specific ordinance.
d.
The Use of Public Property Application and all street closures, use
of public property and other activities described and contained in
said application attached hereto and made a part of this ordinance
are hereby approved.
e.
Temporary Retail Permits. Each vendor, other than food vendors, approved
by the Central Pennsylvania Festival of the Arts to operate within
the area and during the time designated for the Festival of the Arts,
shall obtain a temporary retail permit from the Borough for each ten-foot
by ten-foot sales booth prior to conducting business at the Festival.
The fee for the permit shall be set by resolution of Council from
time to time. A temporary retail permit shall not be required for
vendors participating solely in approved Children's Day sales activities
at the Festival.
f.
Temporary Retail Food Permits. Each food vendor approved by the Central Pennsylvania Festival of the Arts to operate within the area and during the time designated for the Festival of the Arts, shall obtain a temporary retail food permit from the Borough for each food booth prior to conducting business at the Festival. The fee for the permit shall be set by resolution of Council from time to time. Food vendors who do not have a currently valid Eating and Drinking Place license issued by the Borough of State College shall, in addition to the temporary retail food permit, obtain a temporary Eating and Drinking Place license as specified in § 9-205a of Chapter IX of the State College Code of Ordinances.
g.
Parking Changes. Various established "Commuter" and "Residential"
zones and yearly approved lots, per the Parking Director, will be
designated and signed as "Arts Fest Exhibitor" or staff/volunteer
parking during the entire week of the Festival of the Arts. Parkers
will be given permits for their designated zone by the Festival of
the Arts, and the accompanying placard must be visibly displayed on
the dashboard or by hanging. It is prohibited for any vehicle, other
than those with valid permit, to be parked in these zones, and will
incur a $15 fine, escalating to $20 if unpaid after 72 hours.
[Ord. 1819, 10/20/2005; amended by Ord. 1851, 10/16/2006,
Section 1; Ord. 1867, 2/20/2007, Section 3; Ord. 1914, 12/15/2008,
Section 14; Ord. 2103, 12/4/2017, Section 1]
a.
Area Designated. The First Night area is hereby designated to consist
of the area (including public areas contained within the aforesaid
boundaries) bounded by Pugh Street on the east, College Avenue on
the north, Fraser Street on the west, and Nittany Avenue on the south.
Any street that serves as a boundary shall incorporate both sides
of any such boundary street as a portion of the First Night area.
b.
Time Designated. The time period for the conduct of First Night activities
shall be from 8:00 a.m., prevailing time, December 31, 2023, through
12:00 midnight, prevailing time, on January 1, 2024.
[Amended by Ord. No. 2133, 12/2/2019; Ord. No. 2192, 12/5/2022; Ord. No. 2212, 11/20/2023]
c.
The special activity request, attached hereto, is hereby approved
for the closing of various downtown streets on December 31, 2023,
from 6:00 p.m. to 8:00 p.m. for the First Night 5K Resolution Run
and procession.[1]
[Amended by Ord. No. 2133, 12/2/2019; Ord. No. 2192, 12/5/2022; Ord. No. 2212, 11/20/2023]
[1]
Editor's Note: Said special activity request is on file in
the Borough offices.
e.
Temporary Retail Permits. Each vendor, other than food vendors, approved
by the Central Pennsylvania Festival of the Arts to operate within
the area and during the time designated for First Night, shall obtain
a temporary retail permit from the Borough for each ten-foot by ten-foot
sales booth prior to conducting business at the Festival. The fee
for the permit shall be set by resolution of Council from time to
time.
f.
Temporary Retail Food Permits. Each food vendor approved by the Central Pennsylvania Festival of the Arts to operate within the area and during the time designated for First Night shall obtain a temporary retail food permit from the Borough for each food booth prior to conducting business at First Night. The fee for the permit shall be set by resolution of Council from time to time. Food vendors who do not have a currently valid Eating and Drinking Place license issued by the Borough of State College shall, in addition to the temporary retail food permit, obtain a temporary Eating and Drinking Place license as specified in § 9-205a of Chapter IX of the State College Code of Ordinances.
