[HISTORY: Adopted by the Borough Council of the Borough of Upland 7-21-1982 by Ord. No. 5-1982 (Ch. 2A of the 1969 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
MECHANICAL, ELECTRONIC OR VIDEO AMUSEMENT DEVICE
Includes any mechanical, electronic or video amusement device which, upon insertion of a coin, slug, token, plate or disk, may be operated for use as a game or entertainment, whether or not registering a score, provided that the term "mechanical, electronic or video amusement device" shall not include any gambling device or any mechanism which has been judicially determined to be a gambling device. This term does not include vending machines in which there are not incorporated amusement or entertainment features, nor does this term include any coin-operated musical devices.
PERSON
Including any natural person, association, partnership, firm or corporation, company, utility or organization of any kind.
PROPRIETOR
Any persons, firm, corporation, partnership, association, entity or club who, as the owner, lessee or proprietor, has under his or her or its control any establishment, place or premises in or at which any mechanical, electronic or video amusement device is placed or kept for use or play or on exhibit for the purpose of use or play.
A. 
License required. From and after the effective date hereof, no person or proprietor may offer for use or play within the Borough of Upland any mechanical, electronic or video amusement device without first having procured a license therefor from the Borough Manager.
B. 
License fees.
(1) 
The license fee for each proprietor, as herein defined, shall be as set forth from time to time by resolution of the Borough Council for each mechanical, electronic or video amusement device used or played or exhibited for use or play. Fees shall be due and payable on or before January 31 of each succeeding calendar year.
[Amended 12-10-1996 by Ord. No. 9-1996]
(2) 
The license fees heretofore mentioned shall not be prorated, but shall remain the same for the whole or any portion of any one calendar year.
(3) 
The proper license fee shall accompany each application for license.
A. 
Any person or proprietor desiring to procure a license for a mechanical, electronic or video amusement device shall apply therefor, in writing, on a form to be provided by the Borough of Upland, to the Borough Manager.
(1) 
Each application shall be kept on file at the Borough Manager's office and shall specify:
(a) 
The name and address of the applicant, and if a firm, corporation, partnership or association, the principal officers thereof and their addresses.
(b) 
The address of the premises where the licensed mechanical, electronic or video amusement device is to be operated, together with the character of the business as carried on at such place.
(c) 
The trade name and general description of the mechanical, electronic or video amusement device to be licensed, the name of the manufacturer and the serial number of said mechanical, electronic or video amusement device.
(d) 
The number and character and type of mechanical, electronic or video amusement devices as have been previously installed at and after the effective date of this chapter.
(2) 
All applications must be signed by the applicant.
(3) 
A separate application form must be presented for each individual mechanical, electronic or video amusement device.
(4) 
The proper license fee shall accompany each application.
B. 
Investigation. The application for license hereunder shall be first referred by the Borough Manager to the Borough Council, who shall make or cause to be made such investigation as it deems necessary. After said investigation is completed, a recommendation for approval or denial of said application will be made to the Borough Council.
C. 
Issuance or denial.
(1) 
If the application is approved by the Borough Council, the license shall be issued by the Borough Manager and fee shall be remitted to the Borough Treasurer. If the application is denied, the fee shall be returned to the applicant.
(2) 
Issuance or denial of an application shall be accomplished within 60 days of the date said application is received by the Borough Manager.
D. 
Restrictions.
(1) 
Issuance to persons or proprietors convicted of a crime is restricted. Except as provided by Pennsylvania Law, no license shall be issued to or held by any person who has been convicted of a crime or by any corporation, partnership or association, a member, officer, director or holder of 10% or more of the stock of which has been convicted of any crime.
(2) 
No license shall be approved for any applicant unless he, she and/or they shall be over 21 years of age.
(3) 
No more than four mechanical, electronic or video amusement devices shall be licensed to any person or proprietor.
(4) 
No establishment which includes any building, or part of a building, room or place or space therein will be permitted to contain more than four mechanical, electronic or video amusement devices.
E. 
Establishing of conditions. In approving a license, the Borough Council may establish conditions to promote and protect the health, safety and general welfare of the Borough and its inhabitants.
A. 
Nothing in this chapter shall in any way be construed to authorize, license or permit any gambling devices whatsoever on any machine or mechanism that has been judicially determined to be a gambling device or in any way contrary to law or that may be contrary to any future laws of the Commonwealth of Pennsylvania.
B. 
No license shall be transferred.
Upon payment of proper license fees and approval of license application, as set down in this chapter, the Borough Manager shall be authorized to issue a license form for each mechanical, electronic or video amusement device so licensed, which said license shall be attached and fastened to the respective device so that the same may be readily observable and readable.[1]
[1]
Editor's Note: Former § 2A-6, Sealing of unlicensed devices, which immediately followed this section, was repealed 12-10-1996 by Ord. No. 9-1996.
No mechanical, electronic or video amusement device may be operated between the hours of 11:00 p.m. and 9:00 a.m. on any day under any circumstances.
The person or proprietor in charge of the place or premises where any mechanical, electronic or video amusement device is kept or located shall maintain good order on or about such place or premises at all times. The lack of good order on or about the place or premises in which any mechanical, electronic or video amusement device is kept or located shall include, but shall not be limited to the following:
A. 
Fighting and rowdy behavior.
B. 
Possession or consumption of alcoholic beverages.
C. 
Gambling of any type.
D. 
The use of marijuana or any controlled substance, possession of which is prohibited by the Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S. § 780-101 et seq.
[Amended 12-10-1996 by Ord. No. 9-1996]
A. 
Any person or proprietor who shall violate any of the provisions of this chapter may, upon his, her and/or their first conviction thereof, be sentenced to pay a fine of not more than $600 and costs of prosecution, and upon his, her and/or their second and all subsequent convictions thereof, be sentenced to pay a fine of not less than $500 nor more than $600, plus costs of prosecution.
[Amended 7-12-1988 by Ord. No. 7-1988; 12-10-1996 by Ord. No. 9-1996]
B. 
In default of the payment of such fines and costs, he, she and/or they may be imprisoned for not more than 30 days for each conviction in the Delaware County Prison.
[Amended 12-10-1996 by Ord. No. 9-1996]
C. 
Each and every day that any mechanical, electronic or video amusement device, under the terms of this chapter, shall be operated and/or used in violation thereof, shall constitute a separate and distinct offense under this chapter and shall be subject to separate and distinct penalties thereon.