Township of Springfield, PA Amusement Devices

The provisions of this chapter are designed to promote and protect the health, safety, morals and general welfare of the residents of the Township of Springfield by regulating the installation and operation of amusement devices within the township.

§ 4-2 Definitions.

For the purpose of this chapter, the following terms shall have the meanings indicated:

AMUSEMENT DEVICE

Any automatic, mechanical, electric or electronic machine or device, used or designed to be operated as a game, or for entertainment or amusement, by the insertion of a coin, token, key, money or other article or by the payment of money to have it activated. This definition shall not include the following devices:

Jukebox.

Rides.

Bowling alleys.

Merchandise machines which dispense beverages, food, toilet articles or other tangible personal property.

Photographic machines.

Any game or device maintained within a residence for the sole use of the occupants thereof and their guests.

§ 4-3 License required.

No person, firm, association, corporation or other entity shall place, possess, keep, maintain, exhibit, use or operate, or permit to be placed, possessed, kept, maintained, exhibited, used or operated, any amusement device in or upon any building, premises, stores or other public or quasi-public place, in their possession or under their control within the Township of Springfield, without first obtaining a license therefor.

§ 4-4 Application for license; appeal.

Application for an amusement device license shall be made to the Township Manager, or his authorized representative, on forms to be prescribed by him which shall set forth, among other information deemed to be required and prescribed by the Manager, the following:

(1)

The name and address of the applicant, if individuals, or if a partnership, association or other entity, the names, residences and occupations of each member of the partnership, association or other entity and if a corporation, the address of its registered office and principal place of business and the names and addresses of its officers and directors.

(2)

Any prior criminal record of the applicant or of anyone associated with the applicant as a partner, associate, agent or employee or as an officer or director of a corporation.

(3)

The manufacturer, name, dimensions, serial number and a general description, including a statement of ownership, of the amusement device.

(4)

The address of the place where the amusement device is to be placed, possessed, kept, maintained, exhibited, used or operated.

(5)

A floor plan of the building, premises, store or other public or quasi-public place shall be provided showing the proposed placement of the amusement device on the applicant's premises, in form and detail designated by the Manager.

(6)

Authorization for the Code Enforcement Officer or other duly authorized township official to inspect the building, premises, store or other public or quasi-public place for which the application is sought.

(7)

Compliance with all township zoning requirements.

Upon receipt of a properly completed and filed application, the Township Manager shall transmit same to the appropriate township officials, including but not limited to the Chief of Police, the Building and Zoning Officer and the Fire Marshal, as the Manager deems appropriate, in order to verify the accuracy of the information submitted on the application, compliance with all local ordinances, state and federal laws and suitability of the applicant and the premises for an amusement device license.

Any applicant whose application for an amusement device license has been denied by the Township Manager shall have the right to have the denial reviewed by the Board of Commissioners upon filing a written notice of appeal within 30 days after notice of denial.

§ 4-5 Issuance of license; fee; display.

Upon approval of an application and payment of the proper fee, the Township Manager shall issue a license to the applicant for the location and placement of an amusement device.

The fee for each license shall be $100 per amusement device upon the applicant's premises. Said license shall be issued for the calendar year commencing January 1 and expiring December 31. Said license shall be renewed annually on or before December 31 by the filing of a written renewal application, accompanied by the license fee for each renewal. The license fee for any license issued in any calendar year after July 1 shall be 1/2 of the annual license fee.

The fee fixed herein may be modified from time to time by resolution of the Board of Commissioners.

The license shall be displayed in a manner approved by the Township Manager.

§ 4-6 Transferability of license.

The license may be transferred to another qualified owner by the license holder within the calendar year of issuance upon obtaining a transfer license from the township and paying the sum of $10 therefor.

§ 4-7 Location of devices.

There shall be not less than 30 square feet of usable floor space on the premises for each amusement device.

The holder of the license may locate the amusement devices on the premises as he elects, subject to the approval of the Code Enforcement Officer to ensure safe and adequate ingress and egress.

§ 4-8 Location of licensed premises.

An amusement device license may be issued for a building, premises, store or other public or quasi-public place located within the following zoning districts:

(1)

S Shopping Center District.

(2)

B2 Business District, when authorized as a special exception.

Where an amusement device or devices have or will be installed and operated as an accessory use within the meaning of the Zoning Code of Springfield Township, such accessory uses shall be limited to no more than three amusement devices. Four or more amusement devices shall constitute an indoor recreational facility or place of amusement, within the meaning of the Zoning Code of Springfield Township.

§ 4-9 Operation of premises.

The owner, occupant, tenant or operator of any premises where amusement devices are located within the Township of Springfield shall comply with all provisions of law, ordinance, rule or regulation applicable thereto and relating to the conduct of the business in connection with which the device is used and the use and maintenance of the premises where it is located.

The owner, occupant, tenant or operator of any premises where amusement devices are located shall maintain good order on the premises at all times. The lack of good order on the premises shall include but shall not be limited to the following:

(1)

Excessive noise, fighting and rowdy behavior.

(2)

Possession or consumption of alcoholic beverages, except upon premises licensed for on-premises consumption thereof.

(3)

Gambling.

(4)

The use of marijuana or any controlled substance, possession of which is prohibited by law.

The owner, occupant, tenant or operator of any premises where amusement devices are located shall maintain adequate supervision of the premises at all times when the devices are in operation. No amusement device shall be available for use or operation, unless it is under the control of and supervision by one or more persons over the age of 18 years who shall ensure that it is operated in compliance with this chapter.

§ 4-10 Termination; suspension or revocation of license.

Any license issued pursuant to the provisions of this chapter shall terminate upon any of the following occurrences:

(1)

Discontinuance of the license holder's business.

(2)

Removal of permitted amusement devices from the business premises.

(3)

Transfer or sale of the business to another individual, partnership, corporation or other entity.

All licenses issued pursuant to the provisions of this chapter are subject to suspension or revocation by the Township Manager upon any of the following conditions:

(1)

Willful misrepresentation made by the license holder or his agent in applying for the license.

(2)

Conviction of the license holder for any felony or misdemeanor involving force, violence, moral turpitude or involving any violation of this chapter.

(3)

The existence of a nuisance to the general public, or to persons residing in the vicinity or businesses located in the vicinity resulting from loitering by persons on the premises in which the license holder's amusement devices are located or any excessive noise caused by the amusement devices or persons playing the amusement devices.

(4)

The violation of that section of this chapter which regulates the operation of amusement devices.

Prior to any action suspending or revoking any license, the Township Manager shall give the license holder written notice of his intention to suspend or revoke the license and the reasons therefor, affording an opportunity to the license holder to correct or remedy any deficiencies or violations forming the basis for the proposed suspension or revocation.

Any person, firm, corporation or other entity aggrieved by the suspension or revocation of any license pursuant to the provisions of this chapter may, within 30 days receipt of notice of suspension or revocation, appeal to the Board of Commissioners from the action of the Township Manager in suspending or revoking the license; provided, however, that such suspension or revocation shall continue in effect and shall not be stayed pending the disposition of the appeal.

§ 4-11 Violations and penalties.

[Amended 7-13-1988 by Ord. No. 756]

Any person, firm, association, corporation or other entity who shall violate any of the provisions of this chapter shall, upon conviction, be sentenced to pay a fine of not less than $50 nor more than $1,000 and costs of prosecution for each violation or, in default of payment of such fine and costs, to undergo imprisonment for not more than 30 days for each violation.