[HISTORY: Adopted by the Board of Supervisors of the Township of
Warwick at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Amendments noted where applicable.]
GENERAL REFERENCES
Permits and licenses — See Ch. 138.
The following words and phrases as used in this chapter shall have the
following meanings, unless a different meaning is required by the context:
Any mechanical or electrical device which provides amusement or entertainment
which may be operated or set in motion upon the insertion of a coin or token
or by any other means. This definition shall include, in addition to devices
commonly known as "coin-operated amusement devices," all pocket pool tables,
bumper pool tables, billiard tables, hockey games, air hockey games, soccer
games, fussball games and all similar devices. This definition shall not include
jukeboxes, telephone devices or machines that sell merchandise.
Any place of business or establishment or any structure containing
four or more coin-operated amusement devices.
Proprietor, lessee, manager or employee of any coin-operated amusement
device or business.
A building or a part of a building where coin-operated amusement
devices are located under the ownership or control of the operator.
A.
No coin-operated amusement device shall be installed,
operated or maintained in any store, shop, tavern, restaurant or other place
of business or in or about any private club or organization or in or about
any structure unless the proprietor of the premises shall have first obtained
a license for that purpose from the Township. No license shall be required
for coin-operated amusements located in residential structures which are available
for private use only.
B.
As of the effective date of this chapter, the Township may issue to said proprietor a license as provided for in Subsection A above, provided that one machine shall be allowed for the first 200 square feet of floor area. For the purposes herein, "floor area" shall be defined as the floor area within a structure intended to be used by patrons, guests, members, parishioners, clients or customers.
C.
The requirements set forth in Subsection B hereof shall not be applicable to machine(s) which are used in educational facilities for educational purposes.
D.
Any licensee pursuant to Subsection A above who would not be in conformance with the provisions set forth in Subsection B hereof as of the effective date of this chapter shall be permitted to continue said nonconformance beyond the effective date of this chapter, provided that no additional skill amusement machine licenses shall be granted to said licensee which would increase said nonconformance. However, any provisions to the contrary herein contained notwithstanding, a license shall be procured for each coin-operated amusement device as required herein.
E.
Every person, firm or corporation desiring to obtain a coin-operated amusement device license as required by Subsection A hereof shall annually file a written application to the Township on forms approved by the Board, together with an application fee as set forth in the Warwick Township Fee Schedule. [1] The license shall be prominently displayed on the premises in
a conspicuous place near the entrance. Prior to any additional machines being
installed on the premises, a new license shall be procured. No licensed machine
shall be moved to another premises within the Township without a new license
having first been acquired for that machine.
F.
Before a coin-operated amusement device license shall
be issued, an inspection of the premises shall be made by the Building Official,
who shall determine that all the requirements of this chapter have been met.
G.
The Township, upon receiving such an application, if
presented in due form and upon being advised by the Building Official that
said premises conforms to the requirements hereof, shall grant such coin-operated
amusement device license to the applicant for a term expiring on the 31st
day of December of each year. Each license shall be in such form as the Board
may prescribe and shall contain the name, address, place of business, number
of machines licensed and the date of expiration of said license and shall
be authenticated by the signature of the proper Township official. All licenses
shall be issued to a specific person, firm or corporation and for a specific
location.
H.
The provisions of § 45-2 of this chapter and each part thereof are intended to apply only to places of business or establishments or structures having fewer than four coin-operated amusement devices and do not apply to coin-operated amusement device arcades as that term is defined in this chapter.
A.
No coin-operated amusement device shall be established,
maintained or conducted in the Township by any person, firm or corporation
without first obtaining a license to operate such a place from the Township,
and no operator, as defined herein, shall allow or permit the use of four
or more coin-operated amusement devices unless a coin-operated amusement device
arcade license for such use shall have been obtained from the Township.
B.
Every person, firm or corporation desiring to obtain
a license for a coin-operated amusement device arcade as required by this
chapter shall annually file a written application to the Township on forms
approved by the Board, together with an application fee as set forth in the
Warwick Township Fee Schedule. [1] In addition to the aforementioned application fee, said application
shall also be accompanied by an additional fee for each machine as set forth
in the Warwick Township Fee Schedule.
C.
Each operator or licensee shall, at all times, display
the coin-operated amusement device arcade license granted hereunder in a conspicuous
place near the entrance to the licensed establishment. A licensed machine
shall not be transferred to another premises within the Township without the
obtaining of a new license.
D.
Before any license for a coin-operated amusement device
arcade and before any coin-operated amusement device licenses for coin-operated
amusement devices to be located within a coin-operated amusement device arcade
shall be issued, inspection of the premises shall be made by the Building
Official. Before such licenses shall be issued, the Building Official shall
determine that the application has conformed to all requirements of this chapter.
E.
The Township, upon receiving application for licenses
for a coin-operated amusement device arcade and coin-operated amusement device,
if presented in due form and upon being advised by the Building Official that
said premises conform to the requirements hereof, shall grant such coin-operated
amusement device arcade license and coin-operated amusement device license
to the applicant for a term expiring on the 31st day of December of each year.
Each license shall be in such form as the Board may prescribe and shall contain
the name, address, place of business, number of machines licensed and the
date of expiration of said license and shall be authenticated by the signature
of the proper Township official.
F.
All licenses shall be issued to a specific person, firm
or corporation and for a specific location.
No coin-operated amusement device license shall be issued:
A.
Where the individual operator, managing agent of a corporation
or active partner has been convicted of a crime involving a controlled substance,
alcohol or minors or a crime involving moral turpitude.
B.
For any premises, unless there is compliance with the
pertinent provisions of all Township ordinances, as far as can be determined.
C.
For any premises that have living quarters with direct
entry to the premises.
D.
Whenever the Board shall find that the denial of such
license is necessary for the protection and conservation of the character
and social and economic stability of the surrounding area and/or is necessary
for the health, safety and welfare of the residents of the Township.
A.
No operator of a coin-operated amusement device arcade
nor any licensee of a coin-operated amusement device arcade shall open the
licensed premises for business between the hours of 1:00 a.m. and 7:30 a.m.
(local time).
B.
There shall be an attendant on duty on the premises at
all times that a licensed premises shall be open for business.
Any license issued in accordance with this chapter may be renewed for
an additional year on the same terms and subject to the same requirements
as provided herein for an original license. Whenever the holder of said license
desires to effect a change in the place of doing business, he shall make application
for the required licenses for such new place in the same manner as in the
first instance. Furthermore, the application for a renewal of the existing
license shall be subject to the same application fees as an application for
an initial license. No license issued pursuant to this chapter shall be assignable
or transferable, nor shall any person or entity, excepting the person or entity
to which it was issued, be permitted to do business thereunder, either directly
or indirectly.
The Board shall have the right to revoke any license once granted when
it appears to its satisfaction that any operator or licensee has violated
this chapter, any other Township ordinance or statute of the Commonwealth
of Pennsylvania or of the United States involving controlled substances, alcohol,
minors or any offense involving moral turpitude. The revocation of any license
shall not be made without a hearing. At least 10 days' notice shall first
be given to the operator or licensee, setting forth the time and place of
hearing and the reasons for such proposed revocation.
Any application for license not acted upon by the Township within 30
days from the date of application shall be deemed to be denied. Any applicant
refused the issuance of a license shall have the right to have a hearing before
the Board. No hearing shall be scheduled unless requested, in writing, by
an applicant refused the license within 10 days of the denial of the license.
Upon the request for a hearing, the Township shall give written notice to
the applicant of the time and place of the hearing and the reasons for the
denial of the license.
The Township Code Enforcement Officer shall administer and/or enforce
the provisions of this chapter.
All fees shall be established by resolution of the Board of Supervisors.[1]
Any person, partnership, corporation or entity violating any of the
provisions of this chapter shall, upon conviction in a summary proceeding
before a District Justice, be sentenced to pay a fine of not more than $300,
plus the costs of prosecution. In default of payment of said fine, said person,
the members of said partnership or the officers of said corporation or members
of said entity shall be sentenced to imprisonment in the Bucks County Prison
for a period of not more than 30 days. Each day that a violation continues
shall constitute a separate offense. All fines collected for the violation
of this chapter shall be paid over to the Township.
