[Adopted 12-30-1992 by Ord. No. 92-21]
[Amended 9-13-1993 by Ord. No. 93-14]
For general revenue purposes, there is hereby
levied, assessed and imposed upon each person, partnership, association
or corporation owning or operating within the boundaries of Hempfield
Township pinball machines, jukeboxes or other music machines, shuffle
bowlers, bowling machines, mechanical or coin-operated pool tables
and all other mechanical, electronic or video-type amusement devices,
an annual assessment or levy upon the following schedule:
|
Number or Type of Machines
|
Assessment
|
|---|---|
|
1 to 99 machines
|
$100 per annum per machine
|
|
100 machines
|
$9,000 per annum for arcade license at 1 location
|
|
More than 100 machines
|
$9,000 per annum for arcade license, plus an
additional $50 per annum for each machine in excess of 100 at 1 location
|
|
Child mechanical rides
|
$50 per annum per machine
|
|
Jukeboxes or other music machines
|
$50 per annum per machine
|
The following words, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates or requires a different meaning:
Any video or electronic device, machine or apparatus which,
upon the insertion of a coin, token, slug or plate therein, or upon
payment of a fee, may be operated by the public generally for the
playing of games and/or amusements, the object of which is to secure
a special number symbol, figure or groups thereof, arrangement, pattern
or score, by the exercise of skill in the operation or manipulation
of such device.
Includes any person, firm, corporation or association which
shall, at any time, own or operate within Hempfield Township or make
available for use or operation within Hempfield Township any mechanical
amusement devices as used in this article for the use or operation
by the general public.
A.
Any person, firm or corporation who owns or operates
or offers for use or operation within Hempfield Township any mechanical
amusement device or jukebox on or after January 1, 1993, shall, before
offering the same to the use or benefit of the general public, register
such device with and make application for and receive an annual license
therefor from the Township Treasurer. Said application shall be in
writing, signed by all applicants and shall be made under oath or
affirmation that the information therein is complete and correct.
The application shall set forth the following:
(1)
The name and address of the applicant(s).
(2)
The applicant's place of residence within the past
five years.
(3)
The location of the premises upon which the various
amusement devices shall be installed and used and the name of the
owner of said premises thereof.
(4)
The manufacturer, description and serial number of
the device.
(5)
The business or trade name used by the applicant.
B.
A separate application shall be filed for each location
where amusement or related devices are being placed. The application
shall include the listing and identification for each such amusement
or related device being placed at the particular location. Each registration
shall be accompanied by the annual license fee to cover all machines
or devices at said location.
No license shall be granted, or transferred
or approved, within seven days of the filing of the application therefor,
during which time the Treasurer or designee shall investigate the
facts set forth and ascertain the truth thereof. If the Treasurer
shall be satisfied that all facts contained in the application are
correct, then a license shall be issued to the applicant, provided
that the annual license fee has been paid.
The license herein provided for shall be a label,
disc, tag or certificate for the year for which the license or fee
has been paid, and the applicant shall firmly attach it to the device
for which it was issued or post the same at the license location.
A license may be transferred, without payment of an additional fee
or assessment, to another device intended to replace on the same premises
only, either temporarily or permanently, an existing licensed device,
provided that the application required is filed with, and approved
by, the Township Treasurer; and provided further that the license
of any device the use of which is discontinued shall not be transferred
or revised. No device shall be operated without the license therefor
being affixed thereto or being prominently posted at the licensed
location.
All assessments or fees imposed by this article
remaining unpaid after they become due shall bear interest at the
rate of 10% per annum, and those upon whom said assessments or fees
are imposed shall be further liable to a penalty of 5% of the amount
of said unpaid assessment or fee.
Any person who shall violate any provision of
this article shall, upon conviction thereof, be sentenced to pay a
fine of not less than $100 nor more than $600 and costs of prosecution,
or, in the default of said payment of such fine and costs, to undergo
imprisonment for not more than 30 days, provided that each day's continuance
of any violation of this article shall constitute a separate defense
and shall be subject to a separate and distinct penalty.
Any ordinance or part of ordinance conflicting
with this article is hereby repealed insofar as the same conflicts
with the terms of this article.
If any sentence, clause, section or part of
this article is for any reason found to be unconstitutional, illegal
or invalid, such unconstitutionality, illegality or invalidity shall
not affect or impair any of the remaining provisions, sentences, clauses
or sections or parts of this article. It is hereby declared as the
intent of the Board of Supervisors of the Township of Hempfield that
this article would have been adopted had such unconstitutional, illegal
or invalid sentence, clause, section or provision or part thereof
not been included therein.
The Secretary of the Township of Hempfield is
hereby directed to file a certified copy of this article with the
Department of Community Affairs of the Commonwealth of Pennsylvania
within 15 days after this article shall become effective, if so required.
