[HISTORY: Adopted by the Mayor and Borough Council of the Borough
of Berlin 6-17-1968 by Ord. No. 68-3 as
Ch. 62 of the 1968 Code. Amendments noted where applicable.]
It shall be unlawful for any person to show forth or exhibit, or cause
to be shown forth or exhibited, any beast, animal or menagerie or collection
of beasts or animals of such like, or any curiosity or curiosities of nature
or art, or to carry on, maintain or operate any circus, carnival, tent show,
fair, carousel, street parade, amusement or show of any character or of any
such or similar nature, within the Borough of Berlin, without having first
obtained a license under and subject to the provisions of this chapter.
Any such amusement or show within the terms of this chapter shall apply
to the Borough Clerk for the issuance of any such license and shall, at the
time such application is made, give such information in connection therewith
as may be required by the Mayor and Borough Council of the Borough of Berlin,
and shall pay at the time said application is filed with the Borough Clerk
the sum of $5 to cover the cost and expense of investigation and issuing such
license. No such license shall be issued until after investigation thereof
and a report made to the Mayor and Borough Council, and then only upon the
authorization of a resolution duly adopted by the said Mayor and Borough Council
authorizing the issuance of such license upon payment of the license fee or
fees as herein provided. Every such license so issued shall remain in force
and be valid only for the time or times therein expressed, and shall apply
only to the person and premises therein specified and shall not be transferable.
The following regulations shall apply to every such license issued or
to be issued under the terms of this chapter, and shall be enforced prior
to or after the issuance thereof:
A.
No games, races or contests of any kind or character
wherein wagers, bets or stakes are made or wherein any prize or prizes or
reward or rewards are given upon any lot, chance or casualty, or unknown or
contingent event, shall be permitted by the issuance of any such license.
B.
No games, races or contest of any kind or character wherein
a prize or prizes or reward or rewards are made upon any chance or skill of
the player, performant or contestant shall be permitted by the issuance of
any such license.[1]
[1]
Editor's Note: Former Subsection C, prohibiting the issuance of licenses
for conduct on Sunday, which immediately followed this subsection, was repealed
7-6-1993 by Ord. No. 93-15.
C.
Any such show or amusement shall install and maintain
for the convenience of its patrons and employees such sanitary provisions
as may be prescribed by the Board of Health of the Borough of Berlin.
The fee for any license under the terms and provisions of this chapter,
which is hereby imposed for the purpose of revenue, shall be the sum of $20
for each and every day that any such amusement or show shall be operated or
maintained.
The terms of this chapter shall not apply to any amusement conducted
within a permanently erected building housing the same and being continuously
operated for a period of at least nine months in any one year.
As used in this chapter, the following terms shall have the meanings
indicated:
As used herein, an individual person or partnership, corporation,
voluntary association, incorporated association and any member or agent thereof.
Each and every person violating the provisions of this chapter or any
section hereof shall be subject to a fine of not more than $200 or to imprisonment
for not more than 60 days, or both, in the discretion of the Judge before
whom such person shall be convicted. Each day's persistence in the things
or acts prohibited shall be deemed and taken to be a separate and distinct
offense, subject to the penalties hereinabove provided.
