Means any business, for profit or nonprofit, where acts are committed whether inside or outside the business premises which cause frequent requests for police service for noise, assaults, batteries, drunken behavior, illegal drug usage and/or sale, obscene or vulgar conduct, loitering, illegal gaming or other disorderly conduct including, but not limited to any loud or unusual noises, fighting or any combination thereof, or any similar activities that disturb the quiet and good order of the public peace, or which tend to corrupt the morals of the community where the business is located and the owner, his agent manager or tenant knew or should have known of the activities and failed to control those activities either inside or outside the business premises.
[Adopted 6-24-2009 by Ord. No. 16-2009 (Art. 355 of the 1979 Codified Ordinances)]
It shall be unlawful for any property owner, lessee, tenant, or occupant to maintain, keep, lease or allow a disorderly establishment in the City of Chester.
A.
The owner, owner's agent, manager or tenant of any establishment where a violation of § 220-2 has occurred shall be presumed to allow, suffer or permit such conduct after receiving notice that such conduct has occurred and shall be in violation of this section if further violation of § 220-2 occurs within 180 days of receiving said notice.
B.
Notice under this subsection shall be given by the Chief of Police or his designee and shall include a concise statement of the specific violations of § 220-2 including the date of each violation. Service of said notice shall be deemed to be properly served upon the owner, owner's agent, manager or tenant if a copy thereof is delivered to the owner, owner's agent, manager or tenant personally or by certified mail addressed to the owner, owner's agent, manager or tenant at the last known address with return receipt requested; or by posting a copy thereof in a conspicuous place in or about the structure affected by such notice.
Upon the occurrence of a subsequent event within 180 days of receipt of notice of the first violation of § 220-2, where either of the events involve any of the offenses described in § 220-2, the Chief of Police or his designee may reasonably conclude that the establishment constitutes a disorderly establishment, and he may order the establishment closed for up to 30 days. Such establishment may thereafter be closed again for up to 60 days if another violation of § 220-2 occurs during a twelve-month time period after the establishment is allowed to reopen, and shall be ordered to permanently close if there should be two or more subsequent events occurring during a twelve-month time period after the establishment is allowed to reopen after the first closure.
Any person affected by any order of closure of any establishment issued in connection with the enforcement of any provision of this article may request and shall be granted a hearing on the matter before the Mayor provided that the person files in the office of the Mayor a written request within five days after the notice was served or posted. Upon receipt of proper appeal request the order of closure shall be stayed until further order of the Mayor.
The provisions of this article shall not be applicable if the owner or operator of the establishment can demonstrate to the satisfaction of the Mayor that the events concerning which the provision of this article would otherwise apply did not have their genesis in or on the owner's or operator's premises, or were clearly beyond the reasonable control of such owner or operator.
If any provision or part of this article is found to be unconstitutional or invalid for any reason by a court of competent jurisdiction, such finding shall not affect or impair the validity of the remaining provisions, which shall remain in full force and effect.