Borough of Moosic, PA
Lackawanna County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Moosic as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 77.
Dance halls — See Ch. 129.
Noise — See Ch. 202.
Peace and good order — See Ch. 215.
Amusement taxes — See Ch. 273, Arts. III and IV.
[Adopted 5-8-1990 as part of Ord. No. 15-1990; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 83-1 Definitions.

A. 
As used in this article, the following terms shall have the meanings indicated:
AMUSEMENT
All manner and forms of entertainment, including, among others, theatrical or operatic performances, concerts, vaudeville, circus, carnival and side shows, all forms of entertainment at fairgrounds and amusement parks, athletic contests, including wrestling matches, boxing and sparring exhibitions, football, baseball and basketball games, skating, golfing, tennis, hockey, bathing, swimming, archery, bowling, shooting, riding, dancing and all other forms of diversion, sports, recreation or pastime, shows, exhibitions, contests, displays and games and all other methods of obtaining admission charges, donations, contributions or monetary charges of any character, from the general public or a limited or selected number thereof, directly or indirectly, in return for other than tangible property, or specific personal or professional services.
BOROUGH
The area within the corporate lines of the Borough of Moosic.
PERSON
Any individual, partnership, limited partnership, association, corporation, trust or estate. Whenever used in any section prescribing and imposing a penalty, the term "person" as applied to associations or partnerships shall mean the members or partners thereof, and, as applied to corporations, the officers thereof.
PLACE OF AMUSEMENT
Any place indoors or outdoors, within the corporate limits of the Borough of Moosic, where the general public or a limited or selected number thereof may, upon payment of an established price, attend or engage in any amusement as heretofore defined, including, among others, theaters, opera houses, amusement parks, stadiums, arenas, baseball or football parks or fields, skating rinks, circus or carnival tents or grounds, fairgrounds, bowling alleys, billiard or pool rooms, shuffleboard rooms, nine- or ten-pin alleys, riding academies, social, sporting, athletic, riding, gun and country clubs, golf courses, bathing and swimming places, dance halls, tennis courts, archery, rifle, pistol or shotgun ranges, arcades, roof gardens, cabarets, nightclubs, and other like places.
PRODUCER
Any person as herein defined, conducting any place of amusement, as herein defined, where the general public or a limited or selected number thereof may, upon the payment of an established price, attend or engage in any amusement.
TEMPORARY, SEASONAL OR ITINERANT BUSINESS
Any business that is conducted for a limited period of time.
B. 
The singular shall include the plural and the masculine shall include the feminine and the neuter.

§ 83-2 Permit requirements.

A. 
On and after the effective date of this article, it shall be unlawful for any producer to continue to conduct, or thereafter to begin to conduct, any form of amusement at any permanent or temporary place of amusement, or any itinerant form of amusement, within the Borough of Moosic unless an amusement permit or permits shall have been issued to him.
B. 
Every producer desiring to continue to conduct, or hereafter to begin to conduct, any amusement within the Borough of Moosic shall file an application for a permanent, temporary or itinerant amusement permit or permits, as the case may be, with the Secretary of the Borough of Moosic. Every application for such permit or permits shall be made upon a form prescribed, prepared and furnished by the Borough Secretary, and shall set forth the name under which the applicant conducts or intends to conduct a permanent or temporary place, or an itinerant form of amusement; the location of the permanent or temporary place of amusement; whether or not the applicant is the holder of a mercantile license in effect when the application is made, and, if so, the number of such license; and such other information as the Borough Secretary may require. If the applicant has or intends to have more than one place of amusement within the Borough of Moosic, the application shall state the location of each place of amusement, and in the case of an itinerant form of amusement the date and length of time such amusement is to be conducted at each place. In the case of an application for a permit for a temporary place of amusement, the application shall state the name and address of the owner, lessee or custodian of the premises upon which such amusement is to be conducted. If the applicant is an association or a corporation, the names and addresses of the principal officers thereof and any other information prescribed by the Borough Secretary for purposes of identification shall be stated. The application shall be signed and verified by oath or affirmation by the producer if a natural person, and in the case of an association by a member or partner thereof, and in the case of a corporation by the executive officer thereof, or some person specifically authorized by the corporation to sign the application, to which shall be attached the written evidence of his authority. Upon approval of the application the Secretary of the Borough of Moosic shall grant and issue to each applicant an amusement permit for each place of amusement within the Borough of Moosic set forth in his application. Amusement permits shall not be assignable, and shall be valid only for the persons in whose names issued, and for the conduct of amusements at the places designated therein, and shall at all times be conspicuously displayed at the place for which issued. The producer of an itinerant form of amusement shall notify the Secretary of the Borough of Moosic promptly of any change in the original contemplated itinerary, either as to date or time of the conduct of the amusement at each place.
C. 
The Secretary of the Borough of Moosic may suspend or, after hearing, revoke the amusement permit whenever she finds that the holder thereof has failed to comply with any of the provisions of this article. Upon suspending or revoking any amusement permit, the Secretary of the Borough of Moosic shall request the holder thereof to surrender to her immediately all permits or duplicates thereof issued to him, and the holder shall surrender promptly all such permits to the Secretary of the Borough of Moosic as requested. Whenever the Secretary of the Borough of Moosic suspends an amusement permit, she shall notify the holder immediately and afford him a hearing if desired and if a hearing has not already been afforded. After such hearing, the Secretary of the Borough of Moosic shall either rescind her order of suspension or, good cause appearing therefor, shall continue the suspension or revoke the permit.
D. 
Appeals.
(1) 
Any person aggrieved by a final decision of the Secretary of the Borough of Moosic in revoking a permit or in refusing to issue a permit may appeal to the Council of the Borough of Moosic within 10 days after receipt of the final decision of the Borough Secretary. Any such appeal shall be made in writing by certified mail to the Council of the Borough of Moosic. Upon receipt of an appeal within the aforesaid ten-day period of limitation, the Council shall afford the aggrieved person a hearing. After such hearing, the Council of the Borough of Moosic shall either rescind the aforesaid order or, good cause appearing therefor, shall affirm the order of the Borough Secretary.
(2) 
Appeals from decision of Council under this section may be taken by any person aggrieved by appeal to court within 30 days after notice of the decision is issued as provided by law.

§ 83-3 Violations and penalties.

Whoever fails or refuses to procure an amusement permit when so required under this article, or fails to keep his amusement permit conspicuously posted at his place of business as required herein, shall, upon conviction before any District Justice, be sentenced to pay a fine of not more than $600 for each offense, plus costs of prosecution, and, in default of payment of such fine and costs, to be imprisoned for a period not exceeding 30 days for each offense. In case of firms or associations, the penalty may be imposed upon the partners or members thereof, and in case of corporations, upon the officers thereof.
[Adopted 5-9-2000 by Ord. No. 9-2000]

§ 83-4 Definitions and word usage.

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.
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.

§ 83-5 License required; application.

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 Moosic, unless the same shall have been licensed according to the provisions of this article, except as hereinafter provided. An application for the license required by this article must be filed with the Borough Secretary of the Borough of Moosic 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:
(1) 
The name and business address of the person who proposes to conduct the outdoor amusement; and
(2) 
The type of outdoor amusement proposed; and
(3) 
The date or dates on which the proposed outdoor amusement is to be conducted; and
(4) 
The hours during which the proposed outdoor amusement is to be conducted on each date submitted, as required by Subsection A(3), supra; and
(5) 
The site on which the proposed outdoor amusement is to be conducted; and
(6) 
The number of people per performance per day which the applicant estimates will attend the proposed outdoor amusement.
B. 
A separate application must be filed for each site in each event 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 Secretary of the Borough of Moosic shall provide official application forms which must be used by the applicant.

§ 83-6 License approval.

A. 
No license shall be issued under this article until:
(1) 
The application required by this article has been approved by the Mayor of the Borough of Moosic; and
(2) 
A certified copy of all state and county permits are filed with the Borough Secretary of the Borough of Moosic in any instance in which such state and county permits are required to conduct the proposed outdoor amusement; and
(3) 
The Mayor of the Borough of Moosic, 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 unsanitary, dangerous or hazardous features; and
(4) 
The evidence of public liability insurance required by this article has been filed with the Borough Secretary of the Borough of Moosic; and
(5) 
The license fee required by this article has been paid.
B. 
The Borough Council of the Borough of Moosic may cause 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 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 amusement is likely to create unnecessary annoyance to the resident or inhabitants of the locality. In every case, the Mayor of the Borough of Moosic, approving the application and issuing a license, shall state in the license the type of outdoor amusement authorized and the time for which it is to remain in effect.

§ 83-7 Insurance requirements.

Every applicant for a license under this article shall furnish a satisfactory evidence to the Borough Secretary of the Borough of Moosic 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 Moosic. Such policy shall be subject to the approval of the Solicitor of the Borough of Moosic.

§ 83-8 Fees.

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 Moosic, that person shall pay to the Borough Secretary of the Borough of Moosic a fee according to the following schedule:
A. 
Anticipated attendance less than 100 persons daily: $150 per day or fraction thereof;
B. 
Anticipated attendance 100 or more but less that 500 daily: $200 per day or fraction thereof;
C. 
Anticipated attendant 500 or more but less than 1,000 daily: $250 per day or fraction thereof;
D. 
Anticipated attendance 1,000 or more but less than 5,000 daily: $500 per day or fraction thereof;
E. 
Anticipated attendance 5,000 or more but less than 10,000 daily: $1,000 per day or fraction thereof;
F. 
Anticipated attendance 10,000 or more but less than 20,000 daily: $2,000 per day or fraction thereof;
G. 
Anticipated attendance 20,000 daily: $3,000 per day or fraction thereof.

§ 83-9 Exemptions.

The provisions of this article shall not apply to any church, or school affair, any exhibitions or performance conducted by municipal corporations and nonprofit organizations nor to any events or any performances or exhibitions conducted at a private residence for noncommercial purposes.

§ 83-10 License issuance and contents.

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 Moosic, the Borough Secretary of the Borough of Moosic shall issue a license hereunder to conduct the outdoor amusement. The license shall in every case state:
(1) 
The name and business address of the person authorized to conduct the outdoor amusement; and
(2) 
The type of outdoor amusement authorized; and
(3) 
The date or dates on which the proposed outdoor amusement is to be conducted; and
(4) 
The hours during which the outdoor amusement is to be conducted on each date or dates authorized by Subsection A(3), supra; and
(5) 
The site on which the outdoor amusement is to be conducted; and
(6) 
The hours and date on which the license shall expire.
B. 
A separate license must be issued for every site and a separate fee paid for each. A license shall not be assignable.

§ 83-11 Site inspection.

After any license has been issued under this article, the Borough Council of the Borough of Moosic, or its agents, shall inspect the site designated therein before any program, show, or entertainment is begun to insure that no dangerous, hazardous and unsanitary conditions which may exist before any program, show or entertainment is begun.

§ 83-12 Noise.

No holder of a license under this article shall make or permit to be made any unnecessary or unreasonable noise by loud speaker, amplifying device or any other means which would disturb the residents in the vicinity of the premises wherein such licensed outdoor amusement is held; provided, further, that no loud speaker or amplifying device shall be used after 9:00 p.m. or before 12:00 noon.

§ 83-13 Signs.

At no time shall any directional signs to the site named in the application for license hereunder be posted along any roads in the Borough except those designated by the Borough Council of the Borough of Moosic.

§ 83-14 Prohibited conduct.

No person granted a license under this article shall permit upon the site named thereon:
A. 
Any disorderly or immoral conduct; or
B. 
Any gambling; or
C. 
Any sale of obscene literature, pictures, film or other objects; or
D. 
Any indecent, immoral or lewd act or performance; or
E. 
Any possession, sale or use of intoxicants and/or drugs of any kind.

§ 83-15 Revocation of license.

The Borough Council of the Borough of Moosic shall forthwith revoke any license granted under this article if at any time dangerous, hazardous, and unsanitary conditions develop on the site designated in the license or if the license violates in any way any provision of the article, and no part of the license fee shall be refunded.

§ 83-16 Violations and penalties.

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 $1,000, plus costs of prosecution, and, in default of payment of such fine and costs, to imprisonment for not more than 30 days.