No person shall set up, establish or cause to be set up or established
or exhibit, display or maintain for the purpose of gaining advantage
or profit within the Borough any mechanical device, machine or apparatus
of any kind for the playing of games or otherwise used for the purpose
of amusement or entertainment by the insertion therein of a coin or
any other metal disk, slug or token without obtaining a license from
the license officer.
As used in this chapter, certain terms are defined as follows:
APPLICANT
Any individual, partnership or corporation who seeks to obtain
a license for a mechanical device under this chapter.
[Added 12-21-1998 by Ord. No. 730]
APPLICATION FOR LICENSE OF MECHANICAL DEVICE
The document filed by the applicant requesting a permit to
possess in the Borough of Baldwin any mechanical device, music box
and/or other electronic device, machine or apparatus whatsoever for
the playing of games and amusement.
[Added 12-21-1998 by Ord. No. 730]
BUSINESS ESTABLISHMENT
Any restaurant, bar, tavern, retail, manufacturing, wholesale,
institutional, educational, religious, governmental or other nonresidential
establishment, store or business, whether or not in operation.
[Added 12-21-1998 by Ord. No. 730]
GAMBLING DEVICE
Any device, machine or apparatus used for the playing of
poker, blackjack, keno, bingo or other casino games by the insertion
therein of any coin, currency, metal disc, slug or token.
[Added 12-21-1998 by Ord. No. 730]
ILLEGAL GAMBLING DEVICE
Any device, machine or apparatus used for the playing of
poker, blackjack, keno, bingo, slots or other casino gambling games
by the insertion therein of any coin, currency, metal disc, slug or
token which contains or has been modified to have a knockoff or knockdown
switch or other capability for erasing or eliminating playing credits.
[Added 12-21-1998 by Ord. No. 730]
LICENSEE
A license holder for any period of time of any special privilege
granted relevant to any section of this chapter.
LICENSE OFFICER
The Borough Secretary and any person to whom the Borough
Secretary shall delegate the authority given to the Borough Secretary
under this chapter.
MECHANICAL DEVICE
Any device, machine or apparatus used for the purpose of
playing games or otherwise used for the purpose of amusement or entertainment
by the insertion therein of any currency, metal disc, slug or token.
[Added 12-21-1998 by Ord. No. 730]
OWNER
Any individual, partnership or corporation who is the lawful
owner of any mechanical device for which a license is sought under
this chapter.
[Added 12-21-1998 by Ord. No. 730]
PROPRIETOR
Any individual, partnership or corporation who owns, leases
or maintains the business establishment in which any mechanical device
is placed for use, patronage, recreation or amusement of the public
or of persons in or about the business establishment.
[Added 12-21-1998 by Ord. No. 730]
No person, either directly or indirectly, shall conduct any
business or enterprise or use in connection herewith any mechanical
device, in whole or in part, for which a license is required by this
chapter, without first obtaining such license and keeping it in effect
at all times as required by this chapter. No person under 18 years
of age shall be entitled to a license under this chapter.
The license officer shall collect all license fees
and issue all licenses in the name of the Borough to all persons qualified
under the provisions of this chapter and shall do the following:
A. Make
rules. Promulgate and enforce all reasonable rules and regulations
necessary to the operation and enforcement of this chapter.
B. Adopt
forms. Adopt any and all forms necessary under this chapter and prescribe
the information to be given thereon.
C. Require
affidavits. Require applicants to submit all affidavits and oaths
necessary to the administration of this chapter.
D. Investigate.
Investigate and determine the eligibility of any applicant for a license
as prescribed by this chapter.
E. Examine
records. Examine the books and records of any applicant or licensee
when reasonably necessary to the administration and enforcement of
this chapter.
F. Give
notice. Notify any applicant of the acceptance or rejection of his
application and deliver written reasons for denial at the applicant's
request.
The license officer shall not issue a license if it is determined
that the licensed activity at the proposed location:
A. Will
be detrimental to or endanger the public health, safety, morals, comfort
or general welfare.
B. If
the proposed use will be injurious to the use and enjoyment of other
property in the immediate vicinity of the proposed use.
Each license issued shall state upon its face:
A. The
name of the licensee and any other name under which such business
is to be conducted.
B. The
address of each business so licensed.
C. The
amount of the license fee.
D. The
dates of issuance and expiration.
E. Such
other information as the license officer determines is necessary.
In addition to the information required in the previous section,
the following information is also required to be furnished to the
license officer:
A. The
name and address of the applicant and length of residence at each
address.
B. The
previous occupation of any applicant.
C. The
name of the premises owner where machines are to be used and installed
and the lease term, if applicable.
The term of the license under this chapter shall be from January
1 until December 31 of each fiscal year.
[Added 12-18-2000 by Ord. No. 748]
The deadline to apply for mechanical device licenses shall be
January 31 of each year. Applications must be submitted by this date
or may be subject to penalties.
Any owner, occupant, lessee or permittee of land or lands who
allows or permits any mechanical device that is required to be lodged
in or on premises under his, her, its or their control when said mechanical
device has not been licensed shall be considered to have violated
the terms of this chapter and shall be liable for the prescribed penalties.
[Amended 12-21-1998 by Ord. No. 730]
Nothing in this chapter shall authorize, license or permit any
gambling devices or any mechanism that has been judicially determined
to be a gambling device or that is in any way contrary to present
or future law. A license shall not be issued unless the applicant
acknowledges:
A. That obtaining or displaying a Borough license does not sanction,
authorize or permit the use or possession of an illegal gambling device,
either per se or as modified;
B. That the Borough shall notify the appropriate law enforcement officials
of the use or possession of per se, modified or other illegal gambling
devices, whether or not such devices are licensed;
C. The Borough shall immediately revoke the license of any mechanical
device illegally used or possessed, either per se or as modified;
D. That if the applicant or licensee illegally uses or possesses an
unlawful gambling device, either per se or as modified, he may be
prosecuted by the Borough or other law enforcement officials; and
E. That if the Borough has reasonable grounds to believe that a particular
mechanical device is illegal, either per se or as modified, the Borough
shall not issue a license for said device.
[Amended 12-19-1985 by Ord. No. 566; 12-21-1998 by Ord. No. 730]
Any persons or persons, firm or corporation violating any of
the provisions of this chapter shall, upon conviction thereof before
the District Justice, be fined up to $1,000 for each and every offense,
or imprisoned for up to 30 days, at the discretion of the District
Justice. Each and every day that any machine or device, under the
terms of this chapter, shall be operated and used in violation thereof
shall constitute a separate and distinct offense under this chapter
and shall be subject to separate and distinct penalties thereunder.