(1) In this Section the following definitions
apply:
(a)
Carnival. Any moving, temporary or traveling show at
which a charge is made for admission to or participation therein, held in any
building, tent, enclosure or lot, where the following forms of amusement or
entertainment are conducted: riding devices, such as ferris wheels, carousal,
whips, swings, seesaws, or similar devices, illusion shows, mechanical shows,
active games of skill, such as ball-throwing games, pitch-till-you-win games,
swinging-ball games, hoop-throwing games, or games of like
character;
(2)
Licenses.
(a) No person shall operate any
ride or attraction at any carnival unless he has obtained a Temporary Carnival
License from the Department of Licenses and
Inspections.
[601] (b) No
Temporary Carnival License shall be valid for more than eight consecutive days,
and only one Temporary Carnival License shall be issued for a location during
any one calendar year.
(c) No Temporary Carnival License shall be
issued unless the applicant:
(.1) furnishes the information required
by the Department with respect to the proposed date and place of the carnival;
the organization, society, or club for whose benefit the carnival is to be
given; and the nature of the structures and devices to be used and the
entertainment to be given or permitted;
(.2) complies with the
provisions of The Philadelphia Code, including, but not limited
to,
[602] the Health Code, Fire
Prevention Code, and Plumbing Code;
(.3) certifies that the applicant
is not delinquent in the payment of any City taxes, charges, fees, rents or
claims, or that the applicant has entered into an agreement to pay any such
delinquency and is abiding by the terms of such agreement;
and
(.4) certifies that all of the receipts of the carnival shall be
collected by, and all proceeds from the operation of the carnival, less the
costs of necessary operating expenses, shall inure to the benefit of, a bona
fide religious, educational or charitable institution, society or organization,
and that the carnival will be operated on the grounds of such
entity.
(d) A Temporary Carnival License will cover all rides and
attractions in operation at a carnival. The failure to obtain a Temporary
Carnival License prior to operating any ride or attraction at a carnival may
result in:
[603] (.1) a
fine of three hundred dollars ($300) for each attraction or ride that is
illegally operated. Each day that the ride or attraction is operated without a
license shall constitute a repeat violation.
(.2) the immediate
issuance of a cease operations notice.
(e) Any person licensed to
conduct a carnival shall, as a condition to the retention of his
license:
[604] (.1) pass
all inspections required by the City of Philadelphia, including, but not limited
to, inspections by the Health Department if food is proposed to be served to the
public, and by the Department for fire prevention and safety. Written approval
to operate shall be obtained from the Department prior to the first day of
operation.
(.2) close the carnival not later than 11
p.m.;
(.3) comply with the requirements of The Philadelphia Code,
including, but not limited to, the Health Code, Fire Prevention Code, and
Plumbing Code;
(.4) take action which is reasonably required to
prevent the use of loud, noisy devices or activities and the occurrence of
disorder.
[605] (3)
Notification;
Standing.
(a) The Department, upon receipt of an application for a
Temporary Carnival License, shall notify the District Councilperson of the
district in which the carnival is to be held of the receipt of such
notification.
(b) Any person or persons jointly or severally aggrieved
by the issuance of a Temporary Carnival License, including, but not limited to,
any civic or community group with an interest in the area in which the carnival
is to be held, and any taxpayer, shall have standing to appeal the issuance of a
Temporary Carnival License, and shall have standing in any legal matter
pertaining to the use of such License.