Chapter 3, Amusements

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

GENERAL REFERENCES
Obscenity and pornography -- See Ch. 28.
Peace and good order -- See Ch. 29.

ARTICLE I, Amusement Devices [Adopted 1-26-1968 by Ord. No. 4]

§ 3-1. License required for coin-operated amusement device.
It shall be unlawful for any person to possess, operate or permit operation of any coin-operated amusement device within the limits of the Borough without first obtaining a license for each such device.

§ 3-2. Definitions.
For the purposes of this article, the following words and phrases shall have the meanings ascribed to them as follows:
COIN-OPERATED AMUSEMENT DEVICE -- Any device which, upon insertion of a coin or coins, operates and/or is operated by skill or otherwise to produce visual and/or audible stimulation or amusement to the operator thereof, and/or which offers free plays or prizes. It shall include, but not be limited to, pinball machines and jukeboxes.
PERSON -- Any person or persons, partnership, association, company, firm or corporation.

§ 3-3. Application for license.
Application for a license for a coin-operated amusement device shall be made to the Amusement Device License Administrator, together with such information as he may require. The Amusement Device License Administrator shall keep a file of all applications, with a record thereon of the issuance of such license.

§ 3-4. Licenses: issuance; term; fee; display.
A. Licenses shall be issued by the Amusement Device License Administrator and may, if he so deems, be withheld pending investigation and approval by the Council.
B. The annual license fee for each coin-operated amusement device shall be $10.
C. Each license shall be issued for a twelve-month period commencing January 1 and shall be renewed annually on or before the first day of January.
D. Each license shall be attached to, or conspicuously displayed in the immediate vicinity of the machine or device so licensed in such a manner that the same may be at all times clearly observable and readable.

§ 3-5. Gambling devices not authorized.
Nothing in this article shall in any way be construed to authorize, license or permit any gambling device whatsoever or any mechanism which has been judicially determined to be a gambling device or is in any way contrary to law.

§ 3-6. Violations and penalties; separate violations.
A. Any person violating any of the provisions of the article shall, upon conviction thereof for each violation, be subject to a fine not to exceed $100, plus costs of prosecution, for each offense. In default of payment of such fine and costs, such person shall be committed to the county jail for a period of not more than 30 days.
B. Each day that such violation exists shall constitute a separate and distinct violation.

ARTICLE II, Outdoor Amusements [Adopted 6-30-1983 by Ord. No. 3-83]

§ 3-7. Title.
This article shall be known as the "Harveys Lake Borough, Luzerne County, Outdoor Amusement Ordinance of 1983."

§ 3-8. Definitions.
A. As used in this article, the following terms shall have the meanings indicated:
APPLICANT -- Any person who applied for a license hereunder.
BOROUGH -- The Borough of Harveys Lake, Luzerne County, Pennsylvania.
BOROUGH SECRETARY -- The Secretary of the Council of the Borough of Harveys Lake, Luzerne County, Pennsylvania.
BOROUGH TREASURER -- The Treasurer of the Council of the Borough of Harveys Lake, Luzerne County, Pennsylvania.
COUNCIL -- The Council of Harveys Lake Borough, Luzerne County, Pennsylvania.
MUNICIPALITY -- The Borough of Harveys Lake, Luzerne County, Pennsylvania.
OUTDOOR AMUSEMENT -- Includes any outdoor theatrical, musical or dramatic performance, festival or carnival or any other outdoor exhibition, show, entertainment or amusement of any similar nature or kind for which an admission fee is charged or for which money or any other reward of any nature is in any manner demanded, expended or received. The term "outdoor amusement" shall not include any church or school affair or any commercial activity in connection with the operation of an approved recreational business under C-3 as set forth in the Zoning Code of the Borough of Harveys Lake, (See Ch. 50, Zoning.) nor any performance or exhibition that, in the opinion of the Borough Council, is conducted solely for benevolent or charitable purposes.
PERSON -- Any natural person, partnership, association, firm or corporation.
B. In this article, words in the singular shall include the plural, and the masculine shall include the feminine and the neuter.

§ 3-9. License required; application.
No person, either as principal or agent, shall conduct or hold, nor shall permit the conduct or holding, on premises owned or under the control of such person any outdoor amusement in the Borough unless the same shall have been licensed according to the provisions of this article. An application for the license required by this article must be filed with the Borough Secretary at least 45 days before the date on which the outdoor amusement is proposed to be held.
A. Such application shall be in writing and shall include:

(1) The name and business address of the person who proposes to conduct the outdoor amusement.
(2) The type of outdoor amusement proposed.
(3) The date or dates on which the proposed outdoor amusement is to be conducted.
(4) The hours during which the proposed outdoor amusement is to be conducted on each date, submitted as required by Subsection A(3) above.
(5) The site on which the proposed outdoor amusement is to be conducted.
(6) The number of people per performance per day which the applicant estimates will attend the proposed outdoor amusement.
B. A separate application must be filed for each site, and every application must be duly acknowledged with a statement that the facts set forth therein are true and correct under the penalty of perjury. The Borough Secretary shall provide an official application form which must be used by the applicant.

§ 3-10. Issuance of license.
A. No license shall be issued under this article until:

(1) The application required by this article has been approved by the Borough Council.
(2) A certified copy of all state and county permits are filed with the Borough Secretary in any instance in which such state and county permits are required to conduct the proposed outdoor amusement. Said permits shall include, but not be limited to, all permits required by the Pennsylvania Department of Environmental Resources Protection and a statement from the Zoning Officer of the Borough indicating that the proposed outdoor amusement is a type permitted by the zone classification for the particular site upon which the proposed activity will take place.
(3) A certified copy of the contract or lease agreement between the applicant and the landowner if the applicant and the landowner are not one and the same person.
(4) The Borough Council or its agents have inspected the premises where the proposed outdoor amusement is to be held to ascertain whether such premises are suitable for the purpose and free from unsanitary, dangerous or hazardous features.
(5) The cash bond required by this article has been paid.
(6) The evidence of public liability insurance required by this article has been filed with the Borough Secretary.
(7) The license fee required by this article has been paid.
B. The Borough Council may cause any other investigation or inspection to be made to secure the facts needed by it to determine if the application should be approved and the license granted. It may reject the application and refuse to grant the license if any unsanitary, hazardous or dangerous conditions exist or if the location is deemed by it to be unsuitable because the conduct of the proposed outdoor amusement thereon would create a traffic hazard or because of the lack of accommodations for the number of persons and/or vehicles likely to be attracted thereto or if the proposed outdoor amusement is likely to create unnecessary annoyance to the residents or inhabitants of the locality.
C. In considering the above, applicants must provide for adequate traffic control and crowd control personnel (i.e., one Marshal or security person for every 50 motor vehicles reasonably anticipated to be at the location and one marshal or security person for each 150 persons reasonably anticipated to be in attendance.) A list of those Marshals or security personnel must be presented to the Chief of Police with the application. The marshals or security personnel must be oriented and instructed by the Chief and the sponsor of the activity prior to the commencement of the gathering.
D. Applicants must also provide parking space within the confines of the site, which must be enclosed with at least some type of fencing, not less than four feet high, and provide space for one auto or truck for every four persons reasonably anticipated to be in attendance at the proposed amusement.
E. In every case, the Borough Council, approving the application and issuing a license, shall state in the license the type of outdoor amusement authorized and the time for which the license is to remain in effect.

§ 3-11. Bond requirements.
A. Every person applying for a license for an outdoor amusement under this article shall deposit with the Borough Treasurer a cash bond, which cash bond shall be in the following amounts:

(1) Anticipated attendance less than 250 persons daily: no bond need be filed.
(2) Anticipated attendance 250 or more persons daily but fewer than 500 persons daily: cash bond to be in the amount of $2,500.
(3) Anticipated attendance 500 or more persons daily but fewer than 1,000 persons daily: cash bond to be in the amount of $5,000.
(4) Anticipated attendance 1,000 or more persons daily but fewer than 5,000 persons daily: cash bond to be in the amount of $10,000.
(5) Anticipated attendance 5,000 or more persons daily but fewer than 10,000 persons daily: cash bond to be in the amount of $25,000.
(6) Anticipated attendance 10,000 or more persons daily but fewer than 20,000 persons daily: cash bond to be in the amount of $40,000.
(7) Anticipated attendance 20,000 or more persons daily: cash bond to be in the amount of $50,000.
B. Said cash bond shall be conditioned for the faithful observance of the provisions of this article and the saving harmless of the Borough from any and all liabilities and causes of action which might arise by virtue of the granting of such license by said Borough and conditioned, further, that no damage will occur to the streets, bridges and other public or private property in the Borough or adjacent thereto as a result of the outdoor amusement and that the licensee will not permit any dirt, paper, litter or other debris from the outdoor amusement to remain thereon. Said bond shall also be a guaranty for treating with suitable dust layer those unpaved roads in the vicinity of the licensed premises of the outdoor amusement. The licensee shall treat the road so designated by the Borough Council with suitable dust layer approved by the Board. Such cash bond shall be returned upon certification by the Borough Council that all conditions of this article have been complied with and that the aforesaid property and roads have been placed in neat condition and all debris removed.
C. Said cash bond shall be further conditioned that the applicant will pay the necessary license fees, based on actual attendance, to the Borough Secretary. Should the permitted outdoor amusement necessitate that the Borough deploy or employ additional personnel as a direct result of the proposed amusement, such added expense shall be recoverable from the principals and/or their indemnitor.
D. The cash bond or its balance will be returned to the applicants upon fiscal audit of the Borough as to what damages, if any, occurred and what deployment and employment of personnel, if any, was necessitated.

§ 3-12. License fees.
Before a license shall be issued to any person whose application under this article has been approved by the Borough Council, that person shall pay to the Borough Secretary a fee according to the following schedule:
A. Anticipated attendance of fewer than 250 persons daily: no fee.
B. Anticipated attendance of 250 or more daily, but fewer than 500 daily: $25 per day or fraction thereof.
C. Anticipated attendance of 500 or more daily, but fewer than 1,000 daily: $150 per day or fraction thereof.
D. Anticipated attendance of 1,000 or more, but fewer than 5,000 daily: $500 per day or fraction thereof.
E. Anticipated attendance of 5,000 or more, but fewer than 10,000 daily: $1,000 per day or fraction thereof.
F. Anticipated attendance of 10,000 or more, but fewer than 20,000 daily: $2,000 per day or fraction thereof.
G. Over 20,000 daily: $3,000 per day or fraction thereof.

§ 3-13. Liability insurance.
Every applicant for a license under this article shall furnish satisfactory evidence to the Borough Secretary that a public liability insurance policy in an amount of not less than $300,000 for one person and $500,000 for any one accident will be in force and effect during the period of which such outdoor amusement is to be conducted in the Borough. Such policy shall be subject to the approval of the Borough Solicitor.

§ 3-14. Contents of license.
A. When all of the requirements of the article have been met and the application has been approved by the Board, the Borough Secretary shall issue a license hereunder to conduct the outdoor amusement. The license shall in every case state:

(1) The name and business address of the person authorized to conduct the outdoor amusement.
(2) The type of outdoor amusement authorized.
(3) The date or dates on which the proposed outdoor amusement is to be conducted.
(4) The hours during which the outdoor amusement is to be conducted on each date or dates, authorized by Subsection A(3) above.
(5) The site on which the outdoor amusement is to be conducted.
(6) The hour and date on which the license was issued for each site and a separate fee paid for each.
B. A license shall not be assignable.

§ 3-15. Inspection of premises.
After any license has been issued under this article, the Borough Council, or its agents, shall inspect the site designated therein before any program, show or entertainment is begun to ensure that no dangerous, hazardous and unsanitary conditions exist. The Council shall give the licensee a reasonable time, as determined by the Council, to correct such dangerous, hazardous and unsanitary conditions that may exist. If he does not, his license shall forthwith be revoked, and no part of the license fee shall be refunded.

§ 3-16. Noise.
No holder of a license under this article shall make, or permit to be made, any unnecessary or unreasonable noise by loudspeaker, amplifying device or any other means which would disturb the residents in the vicinity of the premises wherein such licensed outdoor amusement is held.

§ 3-17. Directional signs.
At no time shall any directional signs to the site named in the application for license hereunder be posted along any roads in the Borough, except those designated by the Council or its agents.

§ 3-18. Unauthorized conduct.
No person granted a license under this article shall permit upon the site named therein:
A. Any disorderly or immoral conduct.
B. Any gambling.
C. Any sale of obscene literature, pictures, film or other objects.
D. Any indecent, immoral or lewd act or performance.
E. Any possession, sale or use of intoxicants and/or drugs of any kind.

§ 3-19. Revocation of license.
The Borough Council shall forthwith revoke any license granted under this article if, at any time, dangerous, hazardous and unsanitary conditions develop on this site designated in the license or if the licensee violates in any way any provision of this article, and no part of the license fee shall be refunded.

§ 3-20. Equitable remedies.
The Borough Council shall have the power to institute in the Court of Common Pleas of Luzerne County suits in equity to restrain or prevent violations of this article. The cases where the municipality revokes any permits deemed improperly issued under the provisions, or in other cases where the circumstances require it or the public health may be endangered, a mandatory preliminary injunction may be issued upon the licensee as prescribed by the Court, notice of the application therefor having been given to the defendant in accordance with the rules of equity practice, and in any such case, the municipality shall not be required to give bond.

§ 3-21. Violations and penalties.
Any person who shall violate any of the provisions of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $300 and costs of prosecution for each violation thereof and, in default of payment of such fine and costs, to imprisonment for not more than 30 days.