[Ord. 349, 4/1/1998, § 1; as amended at time of
adoption of Code (see Ch. AO)]
As used in this Part, certain terms are defined as follows:
Locations where all forms of entertainment, including, among
others: theatrical, musical and operatic performances, concerts and
lectures; carnivals and side shows, circuses; all forms of entertainment
at fairgrounds and amusement parks; sports events; swimming or bathing
pools; live shows; dancing; golf courses and golf driving ranges;
bowling alleys; tennis, baseball hitting games, billiard and pool
games, and all other forms of entertainment, recreation, sport or
pastime with or without the payment of a charge. "Amusement" does
not include any form of entertainment accompanying or incidental to
the serving of food or drink or the sale of merchandise, where the
charge for the entertainment is wholly included in the price paid
for the refreshment or merchandise; and "amusement" does not include
any form of entertainment, the proceeds of which, after payment of
reasonable and customary expenses, inure exclusively to the benefit
of religious, educational or charitable societies or organizations,
private clubs, lodges or fraternal organizations, veterans' organizations
or police or volunteer firefighting organizations.
Any natural person, firm, associations, partnership or corporation.
Whenever used in any clause prescribing and imposing a penalty, the
term "person" as applied to a partnership or association means the
partners or members thereof, and as applied to a corporation, the
officers thereof.
Any person or other entity conducting any amusement.
[Ord. 349, 4/1/1998, § 2; as amended at time of
adoption of Code (see Ch. AO)]
No person shall begin or continue to conduct within the Township
any form of amusement at any permanent or temporary place of amusement,
or any itinerant form of amusement unless an amusement permit has
been issued and the fee paid.
[Ord. 349, 4/1/1998, § 3; as amended at time of
adoption of Code (see Ch. AO)]
1.
Persons
and producers desiring to begin or continue to conduct any amusement
within the Township shall file with the Township Manager or his designee
an application for an amusement permit and shall pay the fee for such
permit as required by the Township. The permit fee shall be established
by resolution and may be changed from time to time as deemed necessary
by the Board of Supervisors.
2.
The Township
shall provide application forms for such permits, which shall include:
A.
The name
and address of applicant.
B.
The location
of the amusement to be covered by the permit.
C.
The name
and address of the owner of the property upon which the amusement
is or will be located.
D.
The type
of amusement.
E.
The period
of time for which the permit is required.
F.
The hours
of operation.
[Ord. 349, 4/1/1998, § 4; as amended at time of
adoption of Code (see Ch. AO)]
1.
Every
permit shall be issued in triplicate. The original, signed by the
Township Manager with the Township seal, shall be given to the permit
holder.
2.
No permit
shall be issued unless the amusement complies with all Township codes
pertaining to zoning, land use, public safety and other regulations
pertaining to such amusement.
[Ord. 349, 4/1/1998, § 5; as amended at time of
adoption of Code (see Ch. AO)]
The Township Manager is hereby empowered with the administration
and enforcement of the provisions of this Part. He is further empowered
and authorized to appoint and delegate police officers or other officials
to conduct the necessary inspection of such operation as controlled
by this Part. The Township Manager is also empowered to prescribe
and enforce rules and regulations relating to any matter pertaining
to the administration and enforcement of this Part.
[Ord. 349, 4/1/1998, § 6; as amended at time of
adoption of Code (see Ch. AO)]
The provisions of this Part are severable, and if any of its
provisions are held illegal, invalid or unconstitutional, the decision
of the court shall not affect or impair any of the remaining provisions
of this Part. It is hereby declared as the intent of Council that
this Part would have been adopted had such unconstitutional, illegal
or invalid provisions not been included herein.
[Ord. 349, 4/1/1998, § 7; as amended at time of
adoption of Code (see Ch. AO)]
Any person convicted before any District Magistrate for violation
or failure to carry out any provision or requirement of this Part
or attempting to do anything whatever to avoid payment of the whole
or any part of the fee imposed under this Part, shall be fined not
more than $600 for each offense, and the cost of prosecution thereof,
any in default thereof shall be imprisoned for not more than 30 days.
Each day that any person continues to violate or fails to comply with
any requirement of such sections shall be considered a separate offense.
