Municipality of Kingston, PA
Luzerne County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Municipality of Kingston 4-5-1982. Amendments noted where applicable.]

§ 48-1 Definitions.

A. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
PERSON
Includes any natural person, partnership, association or corporation.
B. 
Word usage. The singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.

§ 48-2 Circus, carnival or concert permit required; conditions.

A. 
It shall be unlawful for any person to hold or conduct any circus, carnival, concert or similar function at any place in the Municipality of Kingston without first having obtained from the Mayor a permit, for which a fee of $50 a day, which shall be for the use of the municipality, shall be charged.
B. 
No such permit shall be issued until the Mayor shall have caused an investigation to be made of the proposed location of such circus, carnival, concert or similar function, and any other factor or features, including liability insurance coverage and fire and police protection, pertinent to the health, safety, morals and welfare of the municipality, and the Mayor shall have authority to deny a permit in any instance where he shall deem such proposed circus, carnival, concert or similar function to be a threat to the health, safety, morals and/or welfare of the municipality.

§ 48-3 Dance permit required; authority to refuse.

It shall be unlawful for any person owning, leasing, renting or occupying premises within the municipality where dances are held, at which an admission or other fee is charged, to hold any such dance without first having obtained from the Mayor a permit, and paying a fee of $5, which shall be for the use of the municipality, for each day upon which any such dance shall be held therein. The Mayor shall have authority to refuse to grant a permit for any dance whenever, in his opinion, the same would not be beneficial to the health, safety, morals or welfare of the municipality.

§ 48-4 Athletic game permit required; exceptions.

No person shall hold or conduct any baseball game, football game or any other kind of athletic game, meet, competition or exhibition, where an admission or other fee is charged, at any place in the municipality without first having obtained a permit from the Mayor and paying a fee of $20, which shall be for the use of the municipality, for each day on which such game, competition or exhibition shall be held. In the case of a baseball or football game, where more than one game shall be played in one day, the fee shall be $30 per day. None of the provisions of this section shall apply to any form of game, exhibition or athletic contest carried on or conducted by or under the supervision of any school, society or organization, wherein the contestants are amateurs and the awards given, if any, shall be none other than badges, medals or cups, but for the holding of such games, exhibitions or athletic contests, the person having charge thereof shall pay to the municipality an amount sufficient to cover the costs to the municipality for extra police service.

§ 48-5 Amusement game permits.

[Amended 2-6-1995 by Ord. No. 1995-3]
A. 
It shall be unlawful for the owner/occupant of the premises where games are conducted or machines or facilities operated and maintained, where there is a charge for or in connection with the playing of such games and/or the operation or use of such machines or facilities, to maintain the same without first having obtained from the Municipality of Kingston an annual license fee for the licensing year, which licensing year shall be January 1 - December 31.
[Amended 8-5-2002 by Ord. No. 2002-5]
B. 
The license/permit fee shall be $100 per game, including but not limited to shuffleboard games, pinball machines, electronic games, computer games, video games, pool and billiard tables, bowling machines, jukeboxes, bowling alleys (per lane) and any other type of game device, facility or any and all amusement devises, machines or mechanisms.
C. 
The licensing/permit fee shall be paid to the Municipality of Kingston no later than January 31 of the licensing year.
[Amended 8-5-2002 by Ord. No. 2002-5]
D. 
The Code Enforcement Officer of the municipality shall have the authority to enforce this chapter.

§ 48-6 Police or fire protection; payment.

Upon granting any license under §§ 48-2, 48-3 and 48-4 of this chapter, the Mayor may provide police protection at the circus, carnival, concert, public dance, athletic or sports event, or similar function, as the case may be, if determined by the Mayor to be required under the circumstances, by assigning for police or fire duty the number of members of the Police or Fire Department that he shall deem necessary. In that event, permit holders shall pay to the municipality any such amount of money that shall be needed to pay such policemen or firemen for any extra service duties required, beyond the municipality's normal scheduling of police and fire protection, at the current standard rate therefor.

§ 48-7 Noise restrictions.

No holder of a license or permit under this chapter shall permit any music or other unnecessary noise on the premises, to which such license or permit shall apply, after the hour of midnight, if such music or noise shall be heard by persons outside such premises.

§ 48-8 Suspension or revocation of licenses or permits.

The Mayor shall have authority to suspend or revoke any license or permit issued under the authority of this chapter, when he deems such suspension or revocation to be beneficial to the public health, safety or morals, or for violation of any provision of this chapter. No part of a license or permit fee shall be refunded to any person whose license or permit shall have been suspended or revoked.

§ 48-9 Indemnification of municipality.

The municipality, in granting any license or permit under this chapter, is not rendered thereby liable for any damage or injury occurring at or resulting from any such licensed activity or facility, and the person to whom such license or permit shall be granted shall, by accepting such license or permit, save the municipality harmless from any such damage or injury.

§ 48-10 Maximum license fee.

[Added 2-11-1985]
In no event shall the total of any license fee hereby imposed exceed the sum of $3,000 for any single location or place of business.

§ 48-11 Violations and penalties.

[Amended 2-11-1985]
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $300 and costs of such proceedings or, upon default of payment of such fine and costs, by imprisonment in the county jail for not more than 30 days.