Borough of Catasauqua, PA Chapter 100 Amusements and Amusement Devices

[HISTORY: Adopted by the Borough Council of the Borough of Catasauqua as indicated in article histories. Amendments noted where applicable.]

Article I Amusement Licenses

[Adopted 8-7-1940 by Ord. No. 322 (Ch. XI, Part 1A, of the 1962 Code)]

§ 100-1 License required for certain amusements.

No person, firm or corporation shall be permitted to open, conduct or operate any show, exhibition or amusement of the classes hereinafter enumerated for profit within the limits of the Borough of Catasauqua, Pennsylvania, without first obtaining a license therefor from the Mayor of said Borough in the following form:

$	Catasauqua, Pa. . . . . . . . .
		has paid to me for the use
of the Borough of Catasauqua to conduct a within said Borough for a period of and no longer.

§ 100-2 Violations and penalties.

[Amended 4-1-2013 by Ord. No. 1288]

Any person, firm or corporation who shall open, conduct or operate any show, exhibition or amusement of the classes hereinafter enumerated within the limits of said Borough without having previously obtained a license as aforesaid, or who on demand shall refuse to show his or their license to said Mayor, or any police officer of said Borough, shall be deemed an offender, or offenders, against this article and on conviction of such offense before said Mayor, or any District Justice of said Borough, shall pay the sum of $20 in addition to the sum hereafter required as and for the license fee, to be recovered for the use of and paid to the said Borough, with costs, as similar fines and penalties are now collected and paid, and in default of the immediate payment of said sum of $20 with costs, the person or persons so in default shall be by said Mayor or District Justice committed to the Lehigh County Jail for a period of not exceeding 30 days. Any person found guilty of violating an ordinance shall be assessed court costs and reasonable attorneys’ fees incurred by the Borough in the enforcement proceedings.

§ 100-3 License to be exhibited to police.

It shall be the duty of the Chief of Police, or any other police officer of said Borough, to demand the license required by this article of any person, firm or corporation who may open, conduct or operate any show, exhibition or amusement of the classes hereinafter enumerated and inform him, or them, of the requirements hereof, and in case the person, firm or corporation so opening, conducting or operating any show, exhibition or amusement, as aforesaid, refuse to show his or their license, or persist in opening, conducting and operating, any show, exhibition or amusement, as aforesaid without having previously obtained a license therefor, it shall be the duty of said Chief of Police, or any other police officer, to give information thereof to said Mayor.

§ 100-4 License fees for certain amusements.

[Amended 11-7-2005 by Ord. No. 1190]

The sums or rates as set from time to time by resolution of Borough Council[1] shall be paid in advance for every license for the following amusements:

A. For every performance of a circus or other equestrian performance.

B. For every menagerie or exhibit of animals.

C. For moving-picture shows.

D. For every theatrical performance or other public exhibition, except for moving-picture shows as aforesaid, provided that no license shall be required for musical concerts or for lectures or exhibitions on literary or scientific subjects.

E. For street carnivals or exhibitions in the nature thereof, provided that no license shall be required for carnivals for local purposes conducted with local talent.

F. For any exhibition at which, or in connection with which, medicines or other goods, wares and merchandise are sold, or advertised for sale.

[1] Editor's Note: See Ch. A285, Fees.

§ 100-5 License fees for bowling alleys, pool tables, skating rinks and shooting galleries.

[Amended 5-7-1962 by Ord. No. 463; 11-7-2005 by Ord. No. 1190]

All persons, firms and corporations conducting, operating or managing any amusement of the classes hereinafter enumerated shall pay an annual license fee as set from time to time by resolution of Borough Council:[1]

A. Bowling alleys.

B. Billiard and pool tables, and other gaming tables not prohibited by law.

C. Skating rinks.

D. Shooting galleries.

[1] Editor's Note: See Ch. A285, Fees.

§ 100-6 Prorating of annual license fee.

[Amended 5-7-1962 by Ord. No. 463]

The annual license fees prescribed in § 100-5 hereof may be prorated for periods of less than one year, but in no event shall a permit or license be issued for less than 1/4 of the annual license fee.

§ 100-7 Licenses for dance halls, ballrooms and public dances.

[Amended 11-7-2005 by Ord. No. 1190]

A. All dance halls maintained and conducted in connection with regularly established instruction in dancing and exclusively used in such connection shall pay an annual license fee as set from time to time by resolution of Borough Council.[1]

[1] Editor's Note: See Ch. A285, Fees.

B. All other dance halls and ballrooms shall pay an annual license fee as set from time to time by resolution of Borough Council.

C. A license shall be required to hold a public dance or public ball by any person, persons, society, club or clubs; the fee for such license, which shall be paid at the time of the issuing thereof, shall be as set from time to time by resolution of Borough Council, provided, however, that no such license shall be required for public dances conducted for charity and not for a profit.

Article II Coin-Operated Amusement Devices

[Adopted 1-9-1990 by Ord. No. 952 (Ch. XI, Part 1D, of the 1962 Code)]

§ 100-8 Intent.

The subject matter of this article is regulation, licensing and fines for the operation of machines operated as games of skill for amusement by patrons who pay money to use said machines in the Borough of Catasauqua. These coin-operated machines include, but are not limited to, pinball machines, music devices such as juke boxes, electronically operated shuffleboard, bowling, video games, electronically operated tennis, billiards and other games of amusement.

§ 100-9 License required.

A. It is the purpose of this article that after the effective date of this article, it shall be unlawful for any person, persons, corporations, companies or firms to have, keep, lease or maintain for purposes of operation any aforementioned coin-operated amusement machines without first having obtained the proper license from the Borough Secretary.

B. This license shall be posted at all times by affixing same in a conspicuous place so as to be easily seen and read by all parties who visit the premises wherein the machines are operated.

§ 100-10 License applications.

The applications for the aforementioned license shall be filed in writing with the Borough Secretary on a form to be provided by the Borough and shall specify:

A. Name and address of the applicant, and if a firm, corporation or association, the principal officers thereof and their addresses;

B. Name and address of the owner of the machines or the business who leases or distributes for the purpose of operation by another if it be different from the applicant;

C. Address of the premises where the licensed devices are to be operated, together with the general nature of the business carried on at such place;

D. The number of devices to be licensed along with the general description of the devices to be licensed; and

E. Fee that is paid and the effective date of the application, which shall be from whatever date the applicant starts the business of that year until December 31 of that year.

§ 100-11 License fee; transferability.

A. No license shall be issued under this article for any coin-operated amusement device until the annual fee shall have been paid to the Borough Secretary. This annual license fee for each machine shall be as established from time to time by resolution of Borough Council.[1] For the purposes of yearly renewal, the fee shall be paid on or before January 31 of each year.

[1] Editor's Note: See Ch. A285, Fees.

B. However, should any device or machine be installed after July 1 of any year and application is made after that date, then the license fee of that machine(s) shall be 1/2 or 50% of the annual license fee provided for in this section.

C. This license shall not be transferable from one applicant to another. A new owner, proprietor, or operator shall be required to secure a new license and pay the fees thereof. However, he shall not be required to secure a new or different license when one machine is replaced by another as long as the total number of machines remains the same.

§ 100-12 Prizes and gambling prohibited.

It shall be prohibited to offer any prize or any other award to any person playing a coin-operated amusement device; furthermore, it shall be prohibited to permit any said machine to be used for any gambling purpose.

§ 100-13 Inspections.

The Borough Manager or his designee shall make periodic inspections of all premises where machines of amusement and games of skill for amusement are operated for the purpose of enforcing this article.

§ 100-14 Violations and penalties.

[Amended 4-1-2013 by Ord. No. 1288]

Any person, firm or corporation who violates any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 and/or to undergo imprisonment for a term not to exceed 90 days. Each day that a violation continues shall constitute a separate offense. Any person found guilty of violating an ordinance shall be assessed court costs and reasonable attorneys’ fees incurred by the Borough in the enforcement proceedings.