No outdoor festival or affair of like nature shall be conducted
on public streets or on Borough-owned property until the sponsor shall
have made written application to the Mayor and Council for a license
not less than 30 days before the first day of the event, and such
license has been issued in accordance with this chapter. Said application
shall be on a form prepared by the Borough of Darby.
The issuance of the license shall be conditioned upon the following:
A. Permission from the Mayor to close the street, if applicable.
B. Notice of the application shall be given to the Fire Marshal, Chief
Code Enforcement Officer and the Chief of Police, who shall recommend
whether the license shall be granted by the Mayor and Borough Council.
C. The sponsor or one of the sponsors of the block party, street festival
or affair must sign an indemnification agreement in the form provided.
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FORM OF INDEMNIFICATION AGREEMENT FOR BLOCK PARTY PERMITS
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The sponsors hereby represent, stipulate, contract and agree
that they do jointly and severally indemnify and hold harmless the
Borough of Darby against all liability for any and all claims for
damages to property or injury or death of persons arising out of or
resulting from the issuance of the license or conduct of the public
at and during the life of the festival to be held on __________, between
the hours of __________ on the block of __________, located between
__________ and __________.
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Dated: __________
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D. Written approval on an adult resident from 75% of households on the
block or blocks to be closed for the event.
E. Payment of a fee in the amount of $25, or such other amount as Council
may from time to time established by resolution.
F. Approval of the Mayor and Council, which body reserves the right
to add any conditions it deems necessary in addition to the above.
In determining whether to issue a license, the Mayor and Council shall
take into consideration the recommendations of the Fire Marshal, Chief
Code Enforcement Officer and the Chief of Police, and the objections
of any residents of the block or blocks to be closed for the event.
No alcoholic beverages shall be sold, served or consumed on
public streets, in public places or on public property.
No games of skill or chance are permitted unless licensed by
local ordinance and state law.
Duration of a license shall be not more than one daily time
period between the hours of 11:00 a.m. and 6:00 p.m. on Mondays through
Saturdays and holidays (except those holidays falling on a Sunday)
and 12:00 noon to 6:00 p.m. on Sundays. Each license shall contain
a provision for a rain date.
The Mayor is hereby authorized to suspend any license issued
under this chapter when he deems such suspension beneficial to the
public health, safety or morals or for violation of any of the provisions
of this chapter, or for giving false information upon any application
for a license hereunder.
In addition to any other penalties provide for by law, any person
violating the provisions of this chapter shall, upon conviction hereof,
be punishable by a fine of not more than $300 and costs of such proceedings
or, upon default of payment of such fines and costs, by imprisonment
in the county jail for a term of note more than 30 days.