[Ord. 757, passed 2-5-1979]
As used in this article, certain terms are defined as follows:
AMUSEMENT
All manner and form of entertainment including among others: theatrical and operatic performances, concerts and lectures; carnivals and side shows, circuses; all forms of entertainment at fair grounds and amusement parks; sports events; swimming or bathing pools; vaudeville shows; dancing; golf courses and golf driving ranges; bowling alleys; tennis, baseball hitting games, billiard and pool games, and all other forms of entertainment, recreation, sport or pastime for which a charge is made. "Amusement" does not include any form of entertainment accompanying or incidental to the serving of food or drink or the sale of merchandise, where the charge for the entertainment is wholly included in the price paid for the refreshment or merchandise; and "amusement" does not include any form of entertainment, the proceeds of which, after payment of reasonable and customary expenses, inure exclusively to the benefit of religious, educational or charitable societies or organizations, private clubs, lodges or fraternal organizations, veteran's organizations, or police or firemen's pension organizations.
PERSON
Any natural person, firm, association, partnership or corporation. Whenever used in any clause prescribing and imposing a penalty, the term "person" as applied to a partnership or association means the partners or members thereof, and as applied to a corporation, the officers thereof.
PRODUCER
Any person or other entity conducting any amusement.
[Ord. 757, passed 2-5-1979]
On and after January 1, 1979, no producer shall begin or continue to conduct within the Town any form of amusement at any permanent or temporary place of amusement, or any itinerant form of amusement unless an amusement permit has been issued and the fee paid.
[Ord. 757, passed 2-5-1979]
(a) 
On and after January 1, 1979, producers desiring to begin or continue to conduct any amusement within the Town shall file with the Town Manager or his designee an application for an amusement permit, and shall pay the fee for such permit as required by the Town. The permit fee shall be established by resolution and may be changed from time to time as deemed necessary by the Town Council.
(b) 
The Town shall provide application forms for such permits, which shall include:
(1) 
The name and address of the applicant.
(2) 
The location of the amusement to be covered by the permit.
(3) 
The name and address of the owner of the property upon which the amusement is or will be located.
(4) 
The type of amusement.
(5) 
The period for which the permit is requested.
[Ord. 757, passed 2-5-1979]
(a) 
Every permit shall be issued in triplicate. The original, signed by the Town Manager, with the Town seal, shall be given to the permit holder.
(b) 
No permit shall be issued unless the amusement complies with all Town codes pertaining to zoning, land use, public safety and other regulations pertaining to such amusement.
[Ord. 757, passed 2-5-1979]
The Town Manager is hereby empowered with the administration and enforcement of the provisions of this article. He is further empowered and authorized to appoint and delegate police officers or other officials to conduct the necessary inspection of such operation as controlled by this article. The Manager is also empowered to prescribe and enforce rules and regulations relating to any matter pertaining to the administration and enforcement of this article.
[Ord. 757, passed 2-5-1979]
The provisions of this article are severable, and if any of its provisions are held illegal, invalid or unconstitutional, the decision of the court shall not affect or impair any of the remaining provisions of this article. It is hereby declared as the intent of Council that this article would have been adopted had such unconstitutional, illegal or invalid provisions not been included herein.
[Ord. 757, passed 2-5-1979]
Any person convicted before any District Magistrate for violation or failure to carry out any provision or requirement of this article or attempting to do anything whatever to avoid payment of the whole or any part of the fee imposed under this article, shall be fined not more than $300 for each offense and the cost of prosecution thereof, and in default thereof shall be imprisoned for not more than 30 days. Each day that any person continues to violate or fails to comply with any requirement of such sections shall be considered a separate offense.