[HISTORY: Adopted by the Mayor and Council
of the Borough of Wharton (Sec. 6-2 of the Revised General Ordinances).
Amendments noted where applicable.]
GENERAL REFERENCES
Pool and billiard halls — See Ch. 225.
A.
No person or business entity shall operate, permit
or cause operation, maintain or install in any public or quasi-public
place, building, store or other place wherein the public is invited
or may enter any machines or devices that will be used for amusement
machines, as hereinafter defined, without first obtaining
an annual license. The licensing period will commence on January 1
of every year and expire on December 31 of that year.[1]
B.
No license shall be issued to authorize the operation
and conduct of any amusement game unless the game is:
As used in this chapter, the following terms
shall have the meanings indicated:
Any machine or device which may be operated by the public
for use as a game, entertainment or amusement, and shall include devices
such as marble machines, skill ball, pinball, mechanical grab machines,
the machines or contrivances commonly known as bagatelle, baseball,
hockey, football, target shooting, shuffle board or shuffle alley,
bowling or any similar named device, video games or any device which
utilizes an electron (TV) tube to reproduce symbolic figures and lines
intended to be representative of real games or activities; it shall
also include, without limitation, any machine or device commonly called
a "kiddie ride." Excluded from the license requirement is any device
which provides an electronic reading or weight for use by and to the
amusement of the public.[1]
Any music vending machine, contrivance or device which, upon
the insertion of a coin, slug, token, plate, disc or key into any
slot, crevice or other opening, or by the payment of any price, operates
or may be operated by the public generally for the emission of music,
songs or similar amusement.[2]
Any natural person, partnership, firm, association, corporation
or any other business entity which owns or controls premises or a
location with the Borough of Wharton in which any machine, jukebox
or amusement or entertainment machine or device is displayed for public
patronage or is placed or kept for operation by the public.
Any natural person, partnership, firm, association, corporation
or any business entity which owns or controls premises or a location
within the Borough of Wharton in which any machine, jukebox or amusement
or entertainment machine or device which is owned by said natural
person, partnership, firm, association or corporation, or any other
business entity, is displayed for public patronage or is placed or
kept for operation by the public.
Any natural person, partnership, firm, association, corporation
or other business entity.
A.
The annual license fee for each such machine, jukebox
or amusement or entertainment machine or device shall be $150 for
the first machine, jukebox or amusement or entertainment machine or
device and $50 for each additional machine.
B.
All fees are payable prior to January 1 of each year
to avoid penalties.
C.
A prorated fee of $10 per month per machine shall
be charged for each full month and any partial month remaining to
December 31 of that year. For each additional game discovered in excess
of the licenses granted, regardless of the month of discovery, the
fee will be assessed at the rate of $10 per month for the full year.
D.
All of the above-listed fees are nonrefundable.
A.
No business, store or building open to the public
and containing less than 10,000 square feet of area may maintain,
operate or have available for use more than five machines. The number
and placement of the units shall be reviewed and approved by Borough
officials to assure ease of circulation and compliance with all emergency
codes.
B.
A business, store or building containing more than
10,000 square feet may, only under the following terms and conditions,
maintain, operate or have available for use at one time more than
five machines. Additional machines must have specific approval by
the Zoning Official documented on a floor plan showing exact quantity,
location, description and room within the licensed facility. The Zoning
Official will be guided by current laws, codes and ordinances in effect
related to building usage with specific attention to public safety
and health. The Fire Official will certify the compliance with fire
regulations. Other municipal agencies may be required to approve additional
machines as required by law.[1]
A.
In commercial establishments not licensed to sell
alcoholic beverages, no person under the age of 18 shall be permitted
to operate any machine or device licensed under this chapter on any
day when the Wharton public schools are in session, except when accompanied
by a parent or adult guardian. No person under the age of 18 shall
be permitted to operate any machine or device licensed under this
chapter at any time on any day after 11:00 p.m. except when accompanied
by a parent or adult guardian.
B.
In commercial establishments licensed to sell alcoholic
beverages, no person under the age of 21 shall be permitted to operate
any machine or device licensed under this chapter.
No licensee, nor any agent, servant or employee
of a licensee, shall allow or permit or cause to be allowed or permitted
the use of any licensed amusement, video, electronic, electrical,
mechanical pinball machine or other amusement games or similar devices,
as defined in this chapter, operated for a consideration other than
at prevailing time, as follows: Monday through Sunday from 7:00 a.m.
until 2:00 a.m. the following day unless otherwise regulated by law.
Any license may be suspended or revoked by the
Administrator of the Borough for violation of any of the terms of
this chapter or for any other just and good cause, provided that the
licensee is served with notice of charges and given an opportunity
to be heard. Revocation shall be stayed until a hearing is held by
the Mayor and Council. Said hearing is to take place within 30 days
of the receipt of the decision of the Administrator. The hearing shall
be a trial de novo and based upon the record before the Administrator.
The Mayor and Council may affirm, reverse or modify the decision of
the Administrator. In the event that the Mayor and Council do not
hear the matter within 30 days of the receipt of the decision of the
Administrator, then that shall be construed as an affirmation of the
Administrator's decision.
See § 225-14.
