[HISTORY: Adopted by the Board of Supervisors of the Township of Antrim 5-14-1991 by Ord. No. 213. Amendments noted where applicable.]
GENERAL REFERENCES
Amusement tax — See Ch. 130, Art. V.
Fees — See Ch. A155.
A. 
As used this chapter, the following terms shall have the meanings indicated:
AMUSEMENT
All manner or form of entertainment, diversion, sport, pastime or recreation, to include, but not be limited to, trade shows, craft shows and similar exhibitions, within the Township of Antrim for which admission is charged or paid. Specifically excluded from this tax are admissions to movie theaters and membership admissions, membership dues, fees or assessments, donations, contributions or monetary charges of any character whatsoever paid by the general public, or a limited or selected number thereof, for such persons to enter into any place, indoors or outdoors, to engage in any activities, the predominant purpose or nature of which is exercise, fitness, health, maintenance, improvement or rehabilitation, health or nutrition education or weight control.
[Amended 7-8-1997 by Ord. No. 246]
PERSON
Every natural person, copartnership, association, joint venture or corporation. Whenever used in the clause prescribing and imposing a penalty, the term "person" as applied to copartnerships, associations, or joint ventures, shall mean the parties or members thereof; and as applied to corporations, shall mean the officers thereof.
TOWNSHIP
Antrim Township, Franklin County, Pennsylvania, or one of its designated representatives.
B. 
In this chapter 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 of holding on premises owned or under the control of such person, any amusement in the Township of Antrim, Franklin County, Pennsylvania, unless the same shall have been licensed according to the provisions of this chapter.
B. 
An application for the license required by this chapter must be filed with the Township at least 30 days before the date on which the amusement is proposed to be held. Such application shall be in writing and shall include:
(1) 
The name and business address of the person who proposes to conduct the amusement.
(2) 
The type of amusement proposed.
(3) 
The date or dates on which the proposed amusement is to be conducted.
(4) 
The hours during which the proposed amusement is to be conducted on each date submitted as required by Subsection B(3), above.
(5) 
The site on which the proposed amusement is to be conducted.
(6) 
The number of persons attending and/or engaging in said amusement which the applicant estimates will attend and/or engage in said amusement.
C. 
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.
D. 
The Township shall provide official application forms which must be used by the applicant.
No license shall be issued under this chapter until:
A. 
The application required by this chapter has been approved by the Township.
B. 
A certified copy of all state and county permits are filed with the Township in any instance in which such state and county permits are required to conduct the proposed amusement.
C. 
The Township has inspected the premises where the proposed amusement is to be held to ascertain whether such premises are suitable for the purpose and free from unsanitary, dangerous or hazardous features.
D. 
The cash bond or other similar security required by this chapter has been paid.
E. 
The evidence of public liability insurance required by this chapter has been filed with the Township.
F. 
The license fee required by this chapter has been paid.
The Township 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 unsanitary, hazardous or dangerous condition exists or if the location is deemed to be unsuitable because the conduct of the proposed 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 amusement is likely to create unnecessary annoyance to the residents or inhabitants of the locality.
In every case in which the Township approves the application and issues a license, the license shall state the type of amusement authorized and the time for which the license is to remain in effect.
Every person applying for a license for an amusement under this chapter shall deposit with the Township a bond or other similar security in suitable form in the sum of $25,000 conditioned for the faithful observance of the provisions of this chapter and the saving harmless of the Township of Antrim, Franklin County, Pennsylvania, from any and all liabilities and causes of action which might arise by virtue of the granting of such license in said Township, and conditioned further that no damage shall occur to the streets, bridges and other public or private property in the Township, or adjacent thereto, as a result of the amusement and that the licensee will not permit dirt, paper, litter or other debris from the amusement to remain thereon. Said bond or other similar security shall also be a guaranty for treating with suitable dust layer those unpaved roads in the vicinity of the licensed premises designated by the Township. Before any amusement commences, the licensee shall treat the roads so designated by the Township with suitable dust layer approved by the Township. Such bond or other similar security shall be returned upon certification by the Township that all conditions of this chapter have been complied with and that the aforesaid property and roads have been placed in a neat condition and all debris removed. Said bond or other similar security shall be further conditioned that the applicant will pay the necessary license fee to the Township. The Township shall have complete discretion in determining the type of similar security that will be acceptable under this section.
Every applicant for a license under this chapter shall furnish satisfactory evidence to the Township Administrator that a public liability insurance policy in amounts of not less than $100,000 for one person and $500,000 for any one accident will be in force and effect during the period which such amusement is to be conducted in the Township. Such policy shall be subject to the approval of the Township Solicitor.
[Amended 7-8-1997 by Ord. No. 246]
Before a license shall be issued to any person whose application under this chapter has been approved by the Township, that person shall pay to the Township a license fee as set forth from time to time by resolution of the Board of Supervisors.[1]
[1]
Editor's Note: For the current fee schedule, see Ch. A155, Fees.
When all requirements of this chapter have been met and the application has been approved by the Township, the Township shall issue a license hereunder to conduct the amusement. The license shall in every case state:
A. 
The name and business address of the person authorized to conduct the amusement.
B. 
The type of amusement authorized.
C. 
The date or dates on which the proposed amusement is to be conducted.
D. 
The hours during which the amusement is to be conducted on each date or authorized by Subsection C above.
E. 
The site on which the amusement is to be conducted.
F. 
The hour and date on which the license shall expire.
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 chapter, the Township shall inspect the site designated therein before any amusement is begun to ensure that no dangerous, hazardous and unsanitary conditions exist. The licensee shall correct any such dangerous, hazardous and unsanitary conditions which may exist before any amusement is begun. If he or she does not, his or her license shall forthwith be revoked and the license fee shall be forfeited.
No holder of a license under this chapter 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 amusement.
No holder of a license under this chapter shall make or permit to be made any unnecessary or unreasonable lighting by any means which would disturb the residents in the vicinity of the amusement.
At no time shall any directional signs to the amusement named in the application for a license hereunder be posted along any roads in the Township, except those designated and approved by the Township.
No person granted a license under this chapter shall permit upon the site of the amusement named therein:
A. 
Any unruly, loud, boisterous, 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.
E. 
Any possession, sale or use of any illegal drugs of any kind.
F. 
The sale or furnishing by the promoter of any alcoholic beverages, unless licensed to do so by the Pennsylvania Liquor Control Board.
A. 
The Township shall forthwith revoke any license granted under this chapter if at any time dangerous, hazardous and unsanitary conditions develop on the site designated in the license or if the licensee violates in any way any provision of this chapter, and no chapter of the license fee shall be refunded.
B. 
In addition to the grounds described in § 48-11 and Subsection A of this section for revocation of licenses, the Township shall have the authority to revoke a license if the licensee is in violation of any section of this chapter or fails to comply in any manner with Chapter 130, Article V, of this Code, the Amusement Tax Ordinance, or any other ordinance or chapter or section of the Antrim Township Code.
A. 
Any person who violates or permits a violation of this chapter, upon being found liable therefor in a civil enforcement proceeding, shall pay a fine of not more than $600 plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this chapter. No judgment shall be imposed until the date of the determination of the violation by the District Justice and/or Court. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
[Amended 7-8-1997 by Ord. No. 246]
B. 
In addition to the penalties described above, the Township may institute and maintain appropriate actions by law or in equity to restrain, correct or abate violations of this chapter.
The Board of Supervisors may pass by resolution at any time after enactment of this chapter any rules and/or regulations it deems necessary to implement, effectuate, interpret, enforce, construe or apply this chapter.