[HISTORY: Adopted by the Borough Council of the Borough of Shippensburg as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-19-1982 by Ord. No. 514, approved 10-19-1982]
A. 
As used in this article, the following terms shall have the meanings indicated:
OUTDOOR AMUSEMENT
Includes any outdoor theatrical, musical or dramatic performance, festival or carnival, or any other outdoor exhibition, show, entertainment or amusement of any similar nature or kind, for which an admission fee is charged or for which money or any other reward of any nature is in any manner demanded, expected or received.
PERSON
Any natural person, partnership, association, firm or corporation.
B. 
In this article, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
A. 
No person, either as principal or agent, shall conduct or hold, nor shall permit the conduct or holding on premises owned or under the control of such person, any outdoor amusement in the Borough of Shippensburg, unless the same shall have been licensed according to the provisions of this article, except as hereinafter provided.
B. 
Applications.
(1) 
An application for the license required by this article must be filed with the Borough Manager of the Borough of Shippensburg at least 60 days before the date on which the outdoor amusement is proposed to be held. Such application shall be in writing and shall include:
(a) 
The name and business address of the person who proposes to conduct the outdoor amusement.
(b) 
The type of outdoor amusement proposed.
(c) 
The date or dates on which the proposed outdoor amusement is to be conducted.
(d) 
The hours during which the proposed outdoor amusement is to be conducted on each date submitted, as required by Subsection A(3) above.
(e) 
The site on which the proposed outdoor amusement is to be conducted.
(f) 
The number of people per performance, per day, which the applicant estimates will attend the proposed outdoor amusement.
(2) 
A separate application must be filed for each site and every application must be duly acknowledged and contain a statement that the facts set forth therein are true and correct under the penalties of perjury. The Borough Manager of the Borough of Shippensburg shall provide official application forms which must be used by the applicant.
A. 
No license shall be issued under this article until:
(1) 
The application required by this article has been approved by the Borough Council of the Borough of Shippensburg.
(2) 
A certified copy of all state and county permits are filed with the Borough Manager of the Borough of Shippensburg in any instance in which such state and county permits are required to conduct the proposed outdoor amusement.
(3) 
The Borough Council of the Borough of Shippensburg, or its agents, have inspected the premises where the proposed outdoor amusement is to be held to ascertain whether such premises are suitable for the purpose and free from insanitary, dangerous or hazardous features.
(4) 
The cash bond required by this article has been paid.
(5) 
The evidence of public liability insurance required by this article has been filed with the Borough Manager of the Borough of Shippensburg.
(6) 
The license fee required by this article has been paid.
B. 
The Borough Council of the Borough of Shippensburg may cause any other investigation or inspection to be made to secure the facts needed by it to determine if the application should be approved and the license granted. It may reject the application and refuse to grant the license if any insanitary, hazardous or dangerous condition exists, or if the location is deemed by it unsuitable because the conduct of the proposed outdoor amusement thereon would create a traffic hazard, or because of the lack of accommodations for the number of persons and/or vehicles likely to be attracted thereto, or if the proposed outdoor amusement is likely to create unnecessary annoyance to the residents or inhabitants of the locality. In every case, the Borough Council of the Borough of Shippensburg, approving the application and issuing a license, shall state in the license the type of outdoor amusement authorized and the time for which the license is to remain in effect.
Every person applying for a license for an outdoor amusement under this article shall deposit with the Borough Manager of the Borough of Shippensburg a cash bond in the sum of $25,000 conditioned for the faithful observance of the provisions of this article and the saving harmless of the Borough of Shippensburg from any and all liabilities and causes of action which might arise by virtue of the granting of such license in said borough, and conditioned further that no damage will occur to the streets, bridges and other public or private property in the borough, or adjacent thereto, as a result of the outdoor amusement and that the licensee will not permit any dirt, paper, litter or other debris from the outdoor amusement to remain thereon. Said bond shall also be a guaranty for treating with a suitable dust layer those unpaved roads in the vicinity of the licensed premises designated by the Borough Council of the Borough of Shippensburg. Before any program is commended, the licensee shall treat the roads so designated by the Borough Council of the Borough of Shippensburg with a suitable dust layer approved by the aforesaid. Such cash bond shall be returned upon certification by the Borough Council of the Borough of Shippensburg that all conditions of this article have been complied with and that the aforesaid property and roads have been placed in a neat condition and all debris removed. Said cash bond shall be further conditioned that the applicant will pay the necessary license fees based on actual attendance, to the Borough Manager of the Borough of Shippensburg.
Every applicant for a license under this article shall furnish satisfactory evidence to the Borough Manager of the Borough of Shippensburg that a public liability insurance policy in the amounts of not less than $300,000 for one person and $500,000 for any one accident, will be in force and effect during the period which such outdoor amusement is to be conducted in the Borough of Shippensburg. Such policy shall be subject to the approval of the Solicitor of the Borough of Shippensburg.
Before a license shall be issued to any person whose application under this article has been approved by the Borough Council of the Borough of Shippensburg, that person shall pay to the Borough Manager of the Borough of Shippensburg a fee according to the following schedule:
A. 
Anticipated attendance less than 100 persons daily: $25 per day or fraction thereof.
B. 
Anticipated attendance of 100 or more, but less than 500 daily: $125 per day or fraction thereof.
C. 
Anticipated attendance of 500 or more, but less than 1,000 daily: $250 per day or fraction thereof.
D. 
Anticipated attendance of 1,000 or more, but less than 5,000 daily: $500 per day or fraction thereof.
E. 
Anticipated attendance of 5,000 or more, but less than 10,000 daily: $1,000 per day or fraction thereof.
F. 
Anticipated attendance of 10,000 or more, but less than 20,000 daily: $2,000 per day or fraction thereof.
G. 
Anticipated attendance of over 20,000 daily: $3,000 per day or fraction thereof.
The provisions of §§ 68-3A(3), (4) and (5), 68-4, 68-5 and 68-6 of this article shall not apply to any church or school affair, nor to any performance or exhibition conducted solely for benevolent or charitable purposes.
A. 
When all of the requirements of this article have been met and the application has been approved by the Borough Council of the Borough of Shippensburg, the Borough Manager of the Borough of Shippensburg shall issue a license hereunder to conduct the outdoor amusement.
B. 
Contents of license.
(1) 
The license shall in every case state:
(a) 
The name and business address of the person authorized to conduct the outdoor amusement.
(b) 
The type of outdoor amusement authorized.
(c) 
The date or dates on which the proposed outdoor amusement is to be conducted.
(d) 
The hours during which the outdoor amusement is to be conducted on each date or dates authorized by Subsection B(1)(c) above.
(e) 
The site on which the outdoor amusement is to be conducted.
(f) 
The hour and date on which the license shall expire.
(2) 
A separate license must be issued for every site and a separate fee paid for each. A license shall not be assignable.
After any license has been issued under this article, the Borough Council of the Borough of Shippensburg, or its agents, shall inspect the site designated therein before any program, show or entertainment is begun to ensure that no dangerous, hazardous and unsanitary conditions exist. The licensee shall correct any such dangerous, hazardous and insanitary conditions which may exist before any program, show or entertainment is begun. If he does not, his license shall forthwith be revoked, and no part of the license fee shall be refunded.
No holder of a license under this article shall make or permit to be made any unnecessary or unreasonable noise by loudspeaker, amplifying device or any other means which would disturb the residents in the vicinity of the premises wherein such licenses' outdoor amusement is held.
At no time shall any directional signs to the site named in the application for a license hereunder be posted along any roads in the borough except those designated by the Borough Council of the Borough of Shippensburg.
No person granted a license under this article shall permit upon the site named thereon:
A. 
Any disorderly or immoral conduct;
B. 
Any gambling;
C. 
Any sale of obscene literature, pictures, film or other objects;
D. 
Any indecent, immoral or lewd act or performance; or
E. 
Any possession, sale or use of intoxicants and/or drugs of any kind.
The Borough Council of the Borough of Shippensburg, shall forthwith revoke any license granted under this article if at any time dangerous, hazardous and insanitary conditions develop on the site designated in the license or if the licensee violates in any way any provision of this article, and no part of the license fee shall be refunded.
Any person who shall violate any of the provisions of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $300 and costs of prosecution for each violation thereof and, in default of payment of such fine and costs, to imprisonment for not more than 30 days.