[HISTORY: Adopted by the City Council of the City of Lewes
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-13-1969]
[Amended 5-12-1980]
As used in this article, the following terms shall have the
meanings indicated:
Any area in which persons, for a consideration, shall be
permitted to use or ride any attraction, including but not limited
to a merry-go-round, Ferris wheel, scale model cars or other devices
on wheels, or any area containing three or more mechanical devices
or contrivances which, by means of the insertion of a coin, slug,
disk or other article into a slot, crevice, opening or attachment
connected with or forming a part of any such devices or contrivances,
effects the operation thereof for use as a game, contest or amusement,
including but not limited to pinball machines, bagatelle, pool tables
and foosball tables.
It shall be unlawful for any persons, firm or corporation to
establish, maintain or operate or to permit the establishment, maintenance
or operation of any amusement park within the corporate limits of
the City of Lewes unless the amusement park is enclosed with a fence
around its entire perimeter, said fence to be not less than six feet
in height.
[Amended 5-12-1980]
Any person, firm or corporation violating any of the provisions
of this article shall, upon conviction, be subject to a fine of not
less than $25 nor more than $200 and imprisonment for a term of not
less than 10 days nor more than 30 days for the first such conviction.
For a second or subsequent conviction, any person, firm or corporation
shall, upon conviction, be subject to a fine of not less than $50
nor more than $500 and imprisonment for a term of not less than 20
days nor more than 60 days for each such conviction. Each day that
a violation of any of the provisions of this article continues shall
be deemed and taken to be a separate and distinct violation.
[Adopted 5-12-1980]
A.
AMUSEMENT PARK
CITY
LICENSEE
PERSON
Definitions.
As used in this article, the following terms shall have the meanings
indicated:
All manner and form of entertainment for which an admission
charge is made, including but not limited to the following: theatrical
performances, motion-picture exhibitions, carnivals, circuses, concerts,
musical reviews, sporting events or recreation, swimming pools, bathing
beaches, skating rinks, locker rooms, restaurants, bowling alleys,
children's entertainment, rides, go-carts, etc.
The City of Lewes.
A person having a City license in full force and effect issued
hereunder for an amusement park.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
B.
Word
usage. When not inconsistent with the context, words in the plural
number include the singular number, and words in the singular number
include the plural number. The word "shall" is always mandatory and
not merely directory.
No person shall construct, operate or maintain an amusement
park within the City without first obtaining a license as hereinafter
provided from the City Manager.
A.
Applications
for licenses issued hereunder shall be made upon blank forms prepared
and made available by the City Manager and shall state:
(1)
The name, home address and proposed business address of the applicant.
(2)
The number and types of amusement facilities or devices which the
amusement park is planned to accommodate.
(3)
The hours of operation for said amusement park.
(4)
The names, addresses and number of employees and attendants.
(5)
Such other information as the City Manager shall find reasonably
necessary to effectuate the purpose of this article and to arrive
at a fair determination of whether the terms of this article have
been complied with.
B.
An
application hereunder shall be accompanied by a plat or drawing of
said amusement park showing its location and size; location of all
roadways or driveways; location, size, description and construction
of all structures; description of all facilities and devices for entertainment;
and location, size and construction of walls, fences or barriers surrounding
said premises.
An application hereunder shall be accompanied by an application
fee of $50.
Every application for a license hereunder shall be accompanied
by a bond, approved as to form by the City Solicitor, executed by
a bonding or surety company authorized to do business in the State
of Delaware, in the penal sum of $500,000, conditioned upon the payment
by the licensee of any and all final judgments for injuries or damages
resulting to persons or property arising out of the operation or maintenance
of any amusement park. Such bond shall run to the City for the benefit
of any person who may receive injuries and for the benefit of any
person who may claim redress for property damage resulting from the
operation or maintenance of such amusement park. Such bond shall remain
in full force and effect for the full period of time for which the
license is effective. A liability insurance policy issued by an insurance
company authorized to do business in the State of Delaware, conforming
to the requirements of this section, may be permitted in lieu of a
bond.
Within 10 days after receipt of an application as provided for
herein, the City Manager shall cause an investigation to be made of
the applicant and his proposed amusement park operation.
The City Manager shall issue a license hereunder when he finds
that:
A.
The applicant and all employees and attendants are of good moral
character and capable of operating the proposed business in a manner
consistent with the public safety and good morals.
B.
The bond or insurance policy as required by this article has been
procured.
C.
The requirements of this article and of all other governing laws
and ordinances have been met.
A license shall be issued to a successful applicant hereunder
after payment to the City Manager of a license fee of $400. The license
may be renewed upon payment of the same fee on yearly anniversaries
of the date of issuance, provided that the applicant has complied
with this article and other governing laws and ordinances.
A licensee hereunder shall comply with the following requirements
and standards of operation:
A.
Conduct and operation.
(1)
Quiet and good order. The licensee shall maintain quiet and good
order upon the premises consistent with the activities conducted thereon
where the amusement park is operated, and loitering shall not be permitted
in or about the entrances to or exits from the amusement park. No
alcoholic beverages shall be served or consumed on the premises.
(2)
Parking facilities. The licensee shall establish and maintain plainly
marked and clearly designated parking areas on the premises for persons
using and operating the amusement park.
B.
Standards for maintenance of premises.
(1)
Attendants. At all times when the amusement park is open to the public,
the licensee shall provide an adequate number of qualified attendants
on duty at all times, who shall patrol the exits, entrances, beaches,
parking areas and facilities for entertainment or amusement to see
that order is maintained, that disorderly or immoral conduct is prevented,
that the entrances and exits are kept free from congestion and that
this article and all other governing ordinances, rules and regulations
pertaining to amusement parks are observed. Qualified lifeguards shall
be on duty at all times while bathing beaches are open to the public.
(2)
Access. The licensee shall provide access available to public streets
or other public ways from at least two points at all times. Such means
of access shall be kept clear by the licensee at all times to facilitate
departure of persons in vehicles and to permit entrance of fire apparatus
or ambulances in case of emergency.
(3)
Paving or treatment. All drives and areas used by vehicles must be
satisfactorily paved by the licensee or treated to avoid creating
dust.
(4)
Fire-extinguishing equipment. Fire-extinguishing equipment shall
be furnished by the licensee in such amount and in such locations
as may be directed by the City Fire Chief. Said equipment shall be
open to inspection by the City Fire Chief at all reasonable hours.
(5)
Sanitary facilities. Adequate and proper sanitary facilities approved
by the City shall be provided by the licensee.
(6)
Noise. No central loudspeaker shall be permitted by the licensee.
All outdoor entertainment devices and facilities shall be conducted
without disturbing music or other unnecessary noise. The licensee
will conduct the entire premises in such a manner as to prevent annoyance
and other disturbance to adjoining property owners and to prevent
the amusement park from becoming a nuisance.
(7)
Premises free from refuse. No person shall place, throw or deposit
any food, beverage, paper, bottle or other waste materials upon the
premises of any amusement park, nor shall the licensee permit such
conduct.
The City Manager shall have the authority to revoke or suspend
a license issued hereunder when he finds that:
Any person, firm or corporation violating any of the provisions
of this article shall, upon conviction, be subject to a fine of not
less than $25 nor more than $200 and imprisonment for a term of not
less than 10 days nor more than 30 days for the first such conviction.
For a second or subsequent conviction, any person, firm or corporation
shall, upon conviction, be subject to a fine of not less than $50
nor more than $500 and imprisonment for a term of not less than 20
days nor more than 60 days for each such conviction. Each day that
a violation of any of the provisions of this article continues shall
be deemed and taken to be a separate and distinct violation.
