[HISTORY: Adopted by the City Council of the City of Chester as indicated in article histories. Amendments noted where applicable.]
[Adopted as Art. 323 of the 1979 Codified Ordinances]
[Amended 6-24-1958 by Ord. No. 47-1958]
A. 
Permit required. No person, firm or corporation, shall operate, with or without charge, a movable or portable merry-go-round or other movable or portable amusement vehicle or equipment, without first obtaining a permit from the City Clerk and paying an annual permit fee of $25 therefor.
B. 
Sound equipment. No permittee of any merry-go-round or other movable or portable amusement vehicle or equipment shall operate sound equipment which emits sound that can be heard at a distance greater than 100 feet from the merry-go-round or other amusement vehicle or equipment.
C. 
Hours of operation. The permit application shall request therein the hours during which such merry-go-round or other amusement vehicle or equipment may be operated, subject to final approval by the City.
D. 
Traffic hazards. No merry-go-round or other amusement vehicle or equipment shall be used which will cause the blocking of streets or create traffic congestion or hazards.
E. 
Permit revocation. The permit shall be revocable by the City Clerk upon evidence that such merry-go-round or other amusement vehicle or equipment is being operated in violation of the permit. Notice of revocation may be made orally or in writing to the permittee by the City Clerk or by any City agent.
F. 
Permit exceptions. No permit shall be required for the operation of a portable merry-go-round, amusement vehicle or equipment where the proceeds of operation inure to the benefit of a hospital, volunteer fire company or a charitable institution, and where such operation is for a period not longer than seven days.
A. 
Any person desiring to exhibit any natural or artificial curiosity, operatic performance, circus, museum, menagerie, wild west show, theatrical representation or any show of any kind or description shall first obtain a license from the City Clerk, and pay the following fees:
(1) 
For every circus, menagerie, wild west show or other entertainment under canvas and charging general admission, $50 for the first day, and $25 per day for each succeeding day.
(2) 
For every show, museum, exhibit of any natural or artificial curiosity or like exhibition, where an admission fee is charged or collection taken in lieu of admission fee, $5 per week or a fraction thereof.
(3) 
For any show or exhibition not enumerated herein, such license as may be determined by the Mayor and City Clerk.
B. 
However, no license shall be required for exhibitions or entertainments given for the benefit of charitable and religious institutions or purposes.
The owner, lessee or proprietor of any theater, academy, skating rink or public hall used for theatrical purposes or public exhibitions of any kind or play, shall pay to the City Clerk in advance $5 for each operatic and theatrical entertainment, show or public exhibition or play, except those for religious or charitable purposes, given or held in his theater or other building, provided, that when the same troupe gives two or more successive entertainments in the same building, the fee shall be $2 for each performance after the first. Any owner, lessee or proprietor in lieu of such fee for each performance may pay $50 annually in advance.
Every circus, menagerie, wild west show or other entertainment or exhibition licensed or permitted under this article shall be under the supervision of and subject to control by the Police Department. The Mayor shall have power at any time to close the same and revoke the license or permit upon evidence that the same become a public nuisance.
[Amended 6-24-1958 by Ord. No. 47-1958; 6-6-1990 by Ord. No. 4-1990]
Any person who violates any provision of this article shall, upon conviction in a summary proceeding, be fined not more than $600 and costs, and in default of payment thereof, shall be imprisoned for not more than 90 days. Each day's continued violation shall be deemed to be a separate and distinct offense.
[Adopted 8-18-1982 by Ord. No. 27-1982 (Art. 331 of the 1979 Codified Ordinances)]
As used in this article, certain terms are defined as follows:
MECHANICAL AMUSEMENT DEVICE
Means any machine, device or apparatus operated by the insertion of a coin, token or similar object for the purpose of amusement and/or skill of any kind or description and for the playing of which a fee is charged. This term does not include any coin-operated mechanical musical device and does not include any vending machine which does not incorporate gaming or amusement features.
PERSON
Means any individual, firm, corporation, association or partnership or any other legal entity who is the keeper, custodian, proprietor, lessee and/or owner of a public business place or any other person maintaining same.
PUBLIC BUSINESS PLACE
Means any building or room, place or space therein which is open to the general public.
[Amended 7-5-1989 by Ord. No. 14-1989]
No person shall install, operate and/or maintain any mechanical amusement devices in any public business place without being properly and duly licensed by the Director of the Department of Public Safety.
No person shall be properly and duly licensed to install, operate and/or maintain more than five mechanical amusement devices in any public business place without first obtaining the permission and approval of the Zoning Hearing Board.
An application for a license to install, operate and/or maintain mechanical amusement devices in a public business place shall be made by any person upon a form provided or approved by the Director of the Department of Public Safety, which form shall contain the following information:
A. 
Name and home address of the applicant;
B. 
Address of the public business place;
C. 
Name and home address of the owner of the public business place;
D. 
Interest of the applicant to the public business place;
E. 
Description, dimensions and scale floor plan of both the area to be occupied by the mechanical amusement devices and the public business place in which same are located, including other businesses therein;
F. 
Number and description of mechanical amusement devices to be installed, operated and/or maintained;
G. 
Description of other businesses in the public business place;
H. 
Anticipated annual gross receipts from the mechanical amusement devices;
I. 
Anticipated annual gross receipts from the other businesses in the public business place;
J. 
Zoning of the area in which the public business place is located;
K. 
Certification that the applicant shall comply with the earned income and business privilege taxes of the City; and
L. 
Certification that the applicant shall comply with all of the applicable laws of the Commonwealth of Pennsylvania and all of the ordinances of the City.
No license shall be issued and, if issued, shall be revoked where:
A. 
The annual gross receipts of other business or businesses in the public business place do not exceed the annual gross receipts from the mechanical amusement devices sought to be licensed; and
B. 
The area occupied by the mechanical amusement devices exceeds 25% of the entire floor space of the public business place;
C. 
In order to be exempt from Subsection A and/or B hereof, the applicant shall first obtain the permission and approval of the Zoning Hearing Board.
A. 
Any and all applications for such licenses, together with the required license fee, shall be made to the Director of the Department of Public Safety who is hereby authorized to issue the same upon the payment of the required license fee.
B. 
All licenses issued hereunder shall expire on September 1 of each and every year and may be renewed upon written application to the Director on or before August 31 of each and every year, together with the payment of the required license fee.
[Amended 7-5-1989 by Ord. No. 14-1989]
There shall be an annual license fee of $100 for each mechanical amusement device up to and including five such devices and $50 for each device in excess of five. The fee payable for each license granted hereunder shall be for the whole or any portion of the calendar year, and all moneys received by way of license fees hereunder shall be paid into the general fund of the City.
If the Director of the Department of Public Safety refuses to grant a license hereunder or any renewal thereof, the license fee paid at the time of the application is not refundable.
All licenses shall comply with the following conditions:
A. 
The public business place shall be under adult supervision at all times.
B. 
No mechanical amusement device shall be used between the hours of 12:00 midnight and 8:00 a.m. on any day.
C. 
The public business place shall be kept at all times in a clean, healthful and sanitary condition and shall be kept well lighted.
The Director of the Department of Public Safety shall have the power to formulate such rules and regulations as may be necessary or appropriate to carry out the provisions of this article.
It shall be the duty of the Director of the Department of Public Safety to cause an investigation of all applications for licenses pursuant to the terms of this article and of all public business places licensed to determine whether or not the building or room, place or space therein sought to be licensed, or licensed, complies with the rules, regulations, ordinances and laws applicable thereto; and, in making such investigations, the Director shall have the assistance of any department of the government of the City. Such investigations shall also extend to such public business places which are not licensed in violation of this article.
No license requested hereunder shall be issued until it is ascertained that the public business place complies with, along with other standards which may be adopted by the Director of the Department of Public Safety, all laws, ordinances and health and fire regulations applicable thereto and is a safe and proper place for the purpose for which it is to be used, properly ventilated and supplied with sufficient toilet facilities.
Any license issued hereunder may be revoked by the Director of the Department of Public Safety for disorderly or immoral conduct on the premises or upon proof that the public business place is frequented by immoral persons or for the violation of any of the rules, regulations, ordinances and laws governing and applying to public business places in which mechanical amusement devices are installed, operated and/or maintained. If at any time a license granted hereunder is revoked, at least three months shall elapse before another license shall be granted to install, operate and/or maintain mechanical amusement devices in a public business place.
Any person denied a license hereunder and/or any person who has a license revoked hereunder shall receive written notice thereof with the reasons therefor set forth therein. Any person aggrieved by the decision of the Director of the Department of Public Safety may request a hearing before Council within 30 days after receipt of the notice of the Director's decision.
[Amended 7-5-1989 by Ord. No. 14-1989; 6-6-1990 by Ord. No. 4-1990]
Whoever violates any provision of this article shall, upon conviction in a summary proceeding, be fined not more than $600 and costs of prosecution and, in default of payment thereof, shall be imprisoned for not more than 90 days. Each day's violation of any of the provisions of this article shall constitute a separate violation hereof.