[HISTORY: Adopted by the Borough Council of the Borough of West Reading 4-17-2018 by Ord. No. 1087. Amendments noted where applicable.]
As used in this chapter, unless the context requires otherwise, the following terms shall have the meanings indicated:
BOROUGH
The Borough of West Reading, Berks County, Pennsylvania.
EMPLOYEES
Persons employed by the sponsor (as herein defined).
FAMILY MEMBERS
Persons related by blood or marriage, however distant, to the sponsor (as herein defined).
MEMBERS
Persons whose memberships in the sponsor (as herein defined) predate the day upon which the special event/public gathering is to occur by at least 30 days.
PERSON IN CHARGE OF PROPERTY
An agent and his/her principal, occupant, lessee, contract purchaser, or person other than the owner, having possession or control of property in the Borough on which the special event/public gathering is to occur.
SPECIAL EVENT/PUBLIC GATHERING
All gatherings of individuals reasonably anticipated to attract more than 250 in number, for a period of two or more hours, excluding:
A. 
A special event/public gathering for religious purposes;
B. 
A special event/public gathering sponsored in whole or in part by public or private schools and/or colleges;
C. 
A special event/public gathering for purposes of lawful picketing;
D. 
A meeting of a governmental unit or agency governed by the terms of the Pennsylvania Sunshine Act (65 Pa.C.S.A. §§ 701 through 716), as such Act is amended from time to time.
E. 
A special event/public gathering at which attendance is limited solely to employees, family members (all as herein defined) and their guests; provided, however, that all picnics, festivals, carnivals, circuses, shows and entertainment activities reasonably anticipated to attract more than 250 in number, for a period of two or more hours, shall be subject to the terms and provisions of this chapter.
F. 
An event occurring at a property having a nonresidential use and contained entirely within a building, so long as the event is conducted in the ordinary and customary course of the business or property use.
SPONSOR(S)
Any natural person, association, partnership, firm, corporation, joint venture or any other legal entity whatsoever who or which initiates, organizes, promotes, permits, conducts or causes to be advertised a special event/public gathering.
It shall be unlawful for any sponsor, owner of property or person in charge of property to initiate, organize, promote, permit, conduct or cause to be advertised a special event/public gathering, unless a permit has been obtained pursuant to this chapter. A separate permit shall be required for each special event/public gathering.
No special event/public gathering shall be held within the boundaries of the Borough unless the sponsor(s) and the owner of the property, or the person in charge of the property upon which the special event/public gathering will occur, jointly apply for and are granted a permit as hereinafter provided:
A. 
No applicant shall be under 21 years of age;
B. 
No permit may be transferred or assigned; and
C. 
In case of disputes over the number of persons reasonably anticipated to attend the special event/public gathering, the Council members of the Borough reserve the right to make a final decision as to the number of persons reasonably anticipated to attend the special event/public gathering.
Written application for each special event/public gathering shall be made to the Borough according to the following schedule:
A. 
For a special event/public gathering numbering 250 to 2,000 persons, at any one time, written application must be made 30 days prior to the first day upon which public announcement, promotion or advertising is to be made or the day upon which the special event/public gathering is to commence, whichever first occurs; for a special event/public gathering numbering 2,000 or more persons, at any one time, written application must be made 60 days prior to the first day upon which public announcement, promotion or advertising is to be made or the day upon which the special event/public gathering is to commence, whichever first occurs.
B. 
Application shall be made on forms provided by the Borough and shall contain, at least, the following information:
(1) 
The full legal names, addresses and telephone numbers of all sponsors.
(2) 
The full legal name and address of the owner and the person in charge of the property to be utilized for the special event/public gathering.
(3) 
If the sponsor(s) is a partnership or joint venture, all partners and parties to the joint venture shall sign as applicant. If the sponsor(s) is a corporation, a copy of the Articles of Incorporation and a corporate resolution authorizing the application shall be made a part of the application.
(4) 
The location and address of the property to be utilized for the special event/public gathering.
(5) 
The program for the special event/public gathering or, if no program is prepared, a narrative statement as to the purpose for which the special event/public gathering is to be conducted.
(6) 
A diagrammatic plan of the proposed site of the special event/public gathering showing the locations and dimensions of the area where the programmed entertainment, amusement or recreation is to be conducted, areas for spectators or persons attending the event, all structures existing and to be constructed, potable water facilities, sanitary facilities, medical service facilities, and facilities for and distribution of security personnel, if necessary, of the proposed site.
(7) 
Evidence that all permits and licenses as required by the state and county statutes, ordinances and regulations enacted thereunder have been obtained.
(8) 
A statement of the number of persons expected to attend the special event/public gathering and the duration of the same.
(9) 
Specific information and details relating to:
(a) 
Sanitary and waste disposal facilities and providers thereof;
(b) 
Security and protection of surrounding areas, including specific reference to the number of security personnel assisting in the control of traffic and supervision of those attending, and providers thereof;
(c) 
On-site medical facilities and providers thereof;
(d) 
Trash removal and site restoration and providers thereof, immediately following the special event/public gathering; and
(e) 
Lighting and other utility services.
(10) 
Certificates of insurance issued by an insurance company licensed to do business in Pennsylvania evidencing comprehensive general liability, or special event public liability, in an amount of at least $1,000,000.
(11) 
Examples of all proposed advertising of the event, if any.
(12) 
Applicants' statement that they shall abide by the terms and provisions of this chapter, and all laws, rules and regulations of the United States, Commonwealth of Pennsylvania, County of Berks and Borough.
(13) 
Evidence of temporary special occasion permit from the Pennsylvania State Liquor Control Board for events including the legal sale of liquor and/or malt or brewed beverages and a diagram showing the area where such sales shall take place and the measures of controls to be implemented.
Any permit issued by the Borough shall be expressly conditioned upon satisfaction and completion of the conditions recited in this section; furthermore, failure to satisfy the following conditions shall constitute grounds for the immediate revocation of the permit by the Borough and the cancellation of the special event/public gathering:
A. 
Sanitary facilities: the number and location of restroom facilities to be made available to the public and location, including the use of portable facilities.
B. 
Public safety.
(1) 
Security: The sponsor(s) shall demonstrate that a plan, and means to implement the plan, exists to provide for adequate traffic control and crowd control, which plan is approved by a designated Borough Police Department representative.
(2) 
Enclosures: The sponsor(s) shall demonstrate that a plan, and means to implement the plan, exists to have the location where the special event/public gathering is to be held enclosed with snow fencing or other similar material of equivalent strength of not less than four feet in height, if admission is charged and attendance is reasonably expected to exceed 2,000 persons.
(3) 
Medical services: The sponsor(s) shall demonstrate that a plan, and a means to implement the plan, exists to provide sufficient medical services to the special event/public gathering. Identification of the company or person supplying this service shall be provided.
(4) 
Parking facilities: The sponsor(s) shall demonstrate that a plan exists to provide adequate parking facilities appropriate to the anticipated number of persons in attendance.
C. 
Trash and recycling. The Borough will provide trash and recycling containers sufficient to contain all trash and recycling generated as a result of a community event or other special event. The special event recycling containers are provided for event use only and are clearly marked for recycling purposes. Organizers must provide adequate signage so attendees will know how to properly dispose of their refuse and recycling, and must encourage those attending to keep the venue free from litter by ensuring that trash and recycling containers are being used as intended. The Borough will remove all trash and recycling at the conclusion of the event.
[Added 8-21-2018 by Ord. No. 1093]
A. 
Special event/public gathering permittees shall maintain the sanitary and sewage facilities, parking facilities, security and traffic control personnel, medical service facilities and other facilities and utilities provided in accordance with the plans submitted and approved, and in a safe and healthful manner.
B. 
No permittee, or persons having control of the special event/public gathering, shall condone any illegal conduct on the premises, including, but not limited to, disorderly conduct or illegal possession, sale or use of drugs or unlicensed sales of alcohol.
C. 
The burden of preserving order during the special event/public gathering is upon the permittees of the special event/public gathering. Any violations of the laws of the Commonwealth of Pennsylvania, or its rules and regulations, or of the terms and conditions of this chapter or other ordinances of Berks County or of the Borough or of the conditions of the permit granted hereunder may be cause for immediate revocation of the permit by the Borough upon notification to the person in charge that a violation exists and the failure of the person in charge to take immediate action to correct the violation. Upon revocation of any permit, the permittees of the special event/public gathering shall immediately terminate the assembly and provide for the orderly dispersal of those in attendance.
D. 
The Borough, its authorized agents and representatives shall be granted access to the special event/public gathering at all times for the purpose of inspection and enforcement of the terms and conditions imposed herein.
E. 
No entertainment, amusement or use of sound amplification equipment shall be provided or permitted between the hours of 10:00 p.m. and 7:00 a.m.
F. 
The sponsor(s) of the special event/public gathering and/or the person in charge of the property or their designated agents or representatives shall at all times be in attendance at the special event/public gathering and shall be responsible for ensuring that no person shall be allowed to remain on the premises who is violating any state or Borough laws, ordinances, rules or regulations.
G. 
Special events/public gatherings operating without a permit under this chapter based on a reasonable anticipation of fewer than 500 persons in attendance shall limit attendance therein to 499 persons, and printed tickets, if utilized, shall not number more than 499.
H. 
At the conclusion of the program, the permittee shall terminate the assembly or gathering and shall supervise the orderly dispersal of those in attendance. No one shall be permitted to remain overnight on the licensed premises, except permanent residents, unless temporary overnight accommodations were previously approved by the Borough, in writing, pursuant to the application process of this chapter.
I. 
For special events/public gatherings where a public highway will require partial or full closure for the event, a street closure permit must be obtained in addition to any permit required under this chapter. A separate application must be obtained from the Borough.
This chapter shall in no way be a substitute for, nor eliminate the necessity of, complying with any and all federal and state laws, rules and regulations, and county and Borough ordinances which are now, or may be in the future, in effect which pertain to the conduct of special events/public gatherings.
Misrepresentation of any information submitted to the Borough may constitute a basis for the denial of a permit. Noncompliance with any portion of this chapter may also constitute a basis for the revocation of a permit.
A. 
Any person, association, partnership, firm, corporation, joint venture or any other legal entity who initiates, organizes, promotes, permits, conducts or causes to be advertised a special event/public gathering without obtaining the permit provided in this chapter, or who knowingly conducts, permits or allows a special event/public gathering with a permit but in violation of the terms and provisions of this chapter and of the permit granted, or who shall counsel, aid or abet such violation or failure to comply, upon conviction thereof by any District Justice, shall be subject to a fine of not less than $250 nor more than $600, together with costs. In default of the payment of any fine, the defendant shall be sentenced to jail for a period not exceeding 30 days.
B. 
Nothing herein contained shall preclude the Borough from instituting proceedings at law or in equity to prevent and/or cease the operation of a special event/public gathering not in conformity with the terms and provisions of this chapter.
Sponsors desiring to hold a special event/public gathering within the Borough of West Reading shall submit fees to the Borough Secretary in accordance with the following conditions:
A. 
A permit application fee shall be submitted with the permit application to the Borough Secretary. The permit fee shall be determined and set from time to time by resolution of the Borough Council.
B. 
The sponsor(s) shall pay a police services fee for the cost of the public safety services provided by the Borough of West Reading Police Department, other than those performed in connection with the review of an application under this chapter. The sponsor(s) shall submit a deposit of 75% of the estimated total cost of the police services with the permit application. The final determination of the total police services fee shall be based on the current hourly rate per officer in accordance with a fee schedule adopted pursuant to resolution of the Borough Council as may be amended from time to time.
If any sentence, clause, section or part of this chapter is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this chapter. It is hereby declared as the intent of Borough Council that this chapter would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.
The Code of Ordinances of the Borough of West Reading, Berks County, Pennsylvania, as amended, shall be and remain unchanged and in full force and effect except as amended, supplemented and modified by this chapter. This chapter shall become part of the Code of Ordinances of the Borough of West Reading, Berks County, Pennsylvania, as amended, upon adoption.