[HISTORY: Adopted by the Borough Council of the Borough of Homestead 10-14-1974 as Ch. 82 of the 1974 Code. Amendments noted where applicable.]
The word "shall" is always mandatory and not merely directory.
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
- The Borough of Homestead.
- A person having a Borough license in full force and effect issued hereunder for a live show.
- LIVE SHOW
- Any performance, musical and/or theatrical, given by live entertainers for viewing by patrons and for which an admission charge is made.
- Any person, firm, partnership, association, corporation, company or organization of any kind.
No person shall operate or maintain a live show within the Borough of Homestead without first obtaining a license therefor, to be issued in compliance with the provisions of this chapter and Chapter 169, Licensing.
Applications for licenses issued hereunder shall be made pursuant to the provisions of Chapter 169, Licensing, and shall state, in addition to the information required by § 169-3 of said chapter, the following:
The names, addresses and number of employees and attendants.
The hours of operation for said show.
Such other information as the Borough shall find reasonably necessary to effectuate the purposes of this chapter and to arrive at a fair determination of whether the applicant has complied with the terms of this chapter.
Applications for licenses hereunder shall be accompanied by an application fee of $5 payable to the Borough of Homestead, and shall be in addition to the license fee provided in Chapter 169, Licensing.
Where the Chief of Police, in his investigation, determines that police officers must be specifically detailed to the event licensed hereunder, the owner or operator of a place of amusement or producer of the event must pay for the police so detailed. The Chief of Police shall use the following factors to determine the need for specifically detailed police:
The estimated number of persons attending a live show.
The traffic situation at the particular place of the live show.
Past experience for similar types of live shows.
A licensee hereunder shall comply with the following requirements and standards of operations:
The licensee shall maintain quiet and good order upon the premises where live shows are operated and loitering shall not be permitted in or about the entrances to or exits from such premises.
The licensee shall not conduct any show, exhibition or entertainment or remain open to the public after 1:00 a.m. prevailing time on each and every day of the week.
At all times when a live show is open to the public, the licensee shall provide an adequate number of qualified attendants on duty who shall patrol the exits and entrances to see that order is maintained, that disorderly or immoral conduct is prevented, that entrances and exits are kept free from congestion and that this chapter and all other governing ordinances, rules and regulations pertaining to public buildings are observed.
In addition to the causes stated in § 169-16 of Chapter 169, Licensing, the Borough of Homestead shall have the authority to revoke or suspend a license issued hereunder when it is found that the licensee is operating so as to constitute a nuisance by reason of noise or immoral activity on the premises.
Any person who shall be convicted of violating or failing to comply with the provisions of this chapter before any District Justice shall be punishable by a fine of not more than $300, together with costs of prosecution, and in default of payment of such fine and costs said violator shall be subject to imprisonment in the county jail for a term not to exceed 30 days. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of a violation may be punished as provided above for each separate offense.