[HISTORY: Adopted by the Borough Council of the Borough of
Girard 1-10-1955 by Ord. No. 295 (Ch. XV, Part 1, of the 1974 Code
of Ordinances). Amendments noted where applicable.]
On and after January 1, 1955, no person or persons, firm or
corporation shall at any time have in his, its, or their possession
for use within the Borough of Girard any device, machine, or apparatus
whatsoever for the playing of games and amusement, said devices, machine,
and apparatus being machines upon which football, baseball, and other
games are played through the insertion therein of a coin or other
metal disc, slug, or token, or otherwise without first having procured
a license therefor as hereinafter provided.
Said license shall be procured by filing with the Secretary
of the Borough Council a written application, duly signed and sworn
to, setting forth the name, residence, occupation and citizenship
of the applicant, together with the length of said residence, the
name of the owner and location of the premises on which said machine
is to be installed and the manufacture and nature of said machine
or machines. If the owner of the premises is not the applicant, then
the applicant shall set forth the length of time for which the premises
have been leased.
If, after due investigation, the Borough authorities shall have
determined that the application is proper, a license may be issued
for the calendar year in which application is made, and a fee as set
from time to time by resolution of the Borough Council will apply
for each and every such device installed within the Borough, provided
that no license shall be issued to a person not a citizen of the United
States, and provided further that such license shall be renewable
on January 1 of each and every year after that in which originally
issued by payment of a like sum (as set from time to time by resolution
of the Borough Council) into the Borough treasury. A license is not
required for jukebox machines.
A license in proper form is hereby required for such machine
so licensed, which shall be attached to or posted in the immediate
vicinity of each such machine so that the same may be clearly observable
and readable.
Nothing in this chapter shall in any way be construed to authorize,
license, or permit any gambling devices whatsoever or any mechanism
which has been judicially determined to be a gambling device or in
any way contrary to law.
[Amended 7-15-1974 by Ord. No. 446[1]]
Any person who violates or permits a violation of this chapter
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Borough before a Magisterial District Judge, pay
a fine of not more than $600, plus all court costs, including reasonable
attorneys' fees, incurred by the Borough in the enforcement of this
chapter. No judgment shall be imposed until the date of the determination
of the violation by the Magisterial District Judge. If the defendant
neither pays nor timely appeals the judgment, the Borough may enforce
the judgment pursuant to the applicable Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense. Further,
the appropriate officers or agents of the Borough are hereby authorized
to seek equitable relief, including injunction, to enforce compliance
herewith.
