[Adopted 5-28-1997 by Ord. No. 1763]
As used in this article, the following terms
shall have the following meanings, unless the context clearly indicates
that a different meaning is intended:
The head of the Police Department of the Township of Ridley,
regardless of whether said position is entitled "Captain," "Chief,"
"Superintendent" or other similar title.
Any place where a teen entertainment club is operated or
maintained, including all hallways, bathrooms, parking areas, and
other adjacent portions of the premises which are accessible to the
public during operating hours.
One or more natural persons, corporations, partnerships,
associations, or other entity capable of having an action of law brought
against such entity.
Commercial premises which are open to the public,
the primary function of which is to offer patrons between the ages
of 14 and 20 an opportunity to engage in social activities such as
dancing, or the enjoyment of live or prerecorded music, or the enjoyment
of entertainment or other performances. As an incidental function,
an entertainment club may sell and serve food and beverages to its
patrons.
The term "teen entertainment club" does not
include the following:
Premises which serve alcoholic beverages as
defined by state law.
Theaters where the patrons sit in parallel rows
of fixed seats.
Full-service restaurants where the only entertainment
consists of background music which is incidental to the primary function
of serving food.
A banquet, party or celebration which is not
open to the public.
Dances or events sponsored and operated by a
governmental entity, educational institution or nonprofit religious,
charitable, benevolent, fraternal or social organization.
On or after August 1, 1997, it will be unlawful
for any person to own, lease, operate, manage, or maintain a teen
entertainment club in the Township of Ridley without first obtaining
a teen entertainment club license from the Township. For multiuse
facilities which include a teen entertainment club, a separate and
additional license must be issued for the teen entertainment club
operation. Said license must be renewed annually.
[Amended 10-25-2000 by Ord. No. 1808]
An application for a teen entertainment club
license shall be submitted to the Township Manager with a nonrefundable
payment as set from time to time by resolution of the Board of Commissioners
no later than 60 days prior to the scheduled beginning of operation
or, in the case of a renewal, 60 days prior to the expiration of the
license. The following information shall be provided:
A.
Name, address, and telephone number of the owner of
the teen entertainment club premises.
B.
Name, address, and telephone number of the person
responsible for the operation of the teen entertainment club, if different
than the owner of the premises.
C.
The proposed days of the week and hours of operation
for the teen entertainment club.
D.
The nature of the activities which will be engaged
in on the premises.
E.
The maximum number of individuals expected to patronize
the teen entertainment club on any given evening.
F.
A written statement setting forth all measures proposed
to insure that adequate traffic control, crowd protection and security,
both inside and outside the premises, will be maintained and that
the ages of patrons admitted to the teen entertainment club will be
monitored.
G.
A statement setting forth whether the teen entertainment
club will be operated either exclusively as a teen club or whether
other uses will occur on the premises, and the nature of those other
uses.
H.
A statement of whether the applicant, or the applicant's
officers, directors, partners, or any other person involved in the
operation or management of the teen entertainment club, has been convicted
within the preceding five years of any crimes, and if so, the nature
of the crime and the status of the charges.
A.
The Captain of Police shall review a completed application
for a teen entertainment club license and shall recommend approval
or denial of the license within 15 working days after the date on
which a completed application was filed. The Captain of Police, in
conjunction with any other appropriate Township official, shall determine
the minimum number of security personnel which shall be necessary
in order to protect the public health, safety and welfare in terms
of traffic control, crowd protection and security both inside and
outside the premises, as well as the monitoring of the ages of patrons
admitted to the teen entertainment club.
B.
All applications for a teen entertainment club license
or renewal thereof shall be presented to the Township Board of Commissioners
at a regular meeting thereof. No application shall be acted upon until
a recommendation for or against the application is received from the
Captain of Police, provided that the Board of Commissioners shall
not be bound by the Captain's recommendation.
C.
A teen entertainment club license shall be denied
for any one or more of the following grounds:
(1)
If the business premises do not comply with all applicable
Township ordinances and state laws.
(2)
If the application is incomplete or if it contains
any material misrepresentation.
(3)
If the application does not show adequate measures
for the protection of the public health, safety and welfare of the
community.
D.
If the Board of Commissioners denies a license, written
notice of the denial stating the reasons why shall be sent to the
applicant within three working days after the denial. The applicant
shall have a period of 10 working days after the date of license denial
to resubmit a revised application.
The following operating rules and regulations
shall apply to all teen entertainment clubs in the Township of Ridley:
B.
Teen clubs shall close by 10:00 p.m. It shall be the
obligation of the licensee to employ an adequate number of qualified
security personnel who will be present on club premises during all
operating hours to maintain peace and order and to insure compliance
with all applicable laws of the state and of the Township of Ridley.
C.
It shall be the obligation of the licensee to insure
that no alcoholic beverages or controlled substances are offered for
safe or consumed on the teen entertainment club premises.
D.
It shall be the obligation of the licensee to remove
from the club premises any person who is or appears to be under the
influence of or affected by the use of alcohol or drugs, or whose
conduct poses a physical danger to the safety of others present.
E.
It shall be the obligation of the licensee to provide
proper and adequate illumination of all portions of the club premises
which are available for public use.
F.
It shall be the obligation of the licensee to prevent
loitering, the creation of public nuisances, or disturbances of the
peace by any patrons of the entertainment club on club premises or
in the immediate vicinity. Loitering shall not include walking between
the club building and a patron's vehicle, nor shall it include the
act of waiting in line to gain admission to the club.
G.
It shall be the obligation of the licensee to clean
up all litter resulting from club operations. The cleanup shall be
completed within eight hours after the end of each day's operation
and shall extend for a two-block radius around the club.
H.
All police officers of the Township of Ridley shall
have free access to all teen entertainment clubs for the purpose of
inspection and to enforce compliance with the provisions of this article
at all times that the premises are open to the patrons.
I.
It is the responsibility of the licensee to require
picture identification or a reasonable equivalent showing the age
of each person admitted to a teen entertainment club. It is unlawful
for any person to knowingly or recklessly allow a person to enter
or remain on the premises of a teen entertainment club in violation
of the age restrictions of this article.
J.
It is unlawful for any person to misrepresent his
or her age for the purpose of obtaining admission to or remaining
at a teen entertainment club in violation of the provisions of this
article.
A.
Suspension.
(1)
The Board of Commissioners at any time may suspend
a teen entertainment club license whenever the licensee, or any manager,
officer, director, agent, or employee of the licensee, has caused,
permitted or knowingly done any of the following:
(a)
Failed to keep the building structure or equipment
of the licensed premises in compliance with the applicable health,
building, fire or safety laws, regulations or ordinances in a way
which relates to or affects public health or safety on the teen entertainment
club premises.
(2)
Such suspension shall remain in effect until the conditions
causing the suspension are cured and reasonable measures are taken
to insure that the same will not recur as determined by the Township
Captain of Police.
B.
Revocation. The Board of Commissioners, at any time,
may revoke a teen entertainment club license on any one or more of
the following grounds:
(1)
Whenever the Township learns that the licensee made
a material false statement or misrepresentation, or failed to disclose
any material information to the Township in connection with any application
for the teen entertainment club license, or any license renewal.
(2)
Whenever the licensee, or any manager, officer, director,
agent, or employee of the licensee, fails within a reasonable time
to cure a condition which caused a license suspension.
(3)
Whenever the licensee, or any manager, officer, director,
agent, or employee of the licensee, knowingly permits conduct on the
licensed premises which violates any federal, state, or Township criminal
or penal statute, law or ordinance.
(4)
Whenever operation of the teen entertainment club
becomes the proximate cause of a significant increase in criminal
activity on the premises or in the immediate vicinity in such a way
as to endanger persons or property.
[Amended 10-25-2000 by Ord. No. 1808]
Any person, firm or corporation who violates
any of the provisions of this article shall, upon conviction before
a District Justice, be sentenced to pay a fine not exceeding $1,000,
plus costs of prosecution, and in default of payment of such fine
and costs shall be imprisoned for a period not to exceed 30 days.
Each day such a violation is committed or permitted to continue shall
constitute a separate offense and shall be punishable as such hereunder.
