[HISTORY: Adopted by the Mayor and Council of the Township of Florence 12-21-1983 by Ord. No. 1983-12 as Ch. 39 of the 1983 Code. Amendments noted where applicable.]
Article I Public Amusements
Article II Pinball Machines, Video Games and Other Devices
From and after the passage of this Article, no person or persons, firm or firms or corporation or corporations shall hold or conduct or permit or allow for hire or otherwise his, her, their or its property of whatever kind or description to be used for the holding or conducting of a park or place for public amusements, carnivals, picnics, dances or other similar forms of public amusements of any kind or character without first securing or having issued to him, her, them or it a license therefor in accordance with the provisions of this Article.
The license fee shall be one hundred dollars ($100.); however, the Council reserves the right to waive the fee in the event that the activity is of a limited nature or time period.
Application for said license or licenses shall be made, in writing, to the Mayor and Council, which shall determine whether said license shall be issued or not, and if said Mayor and Council determines to issue said license or licenses, then there shall be issued to the licensee a license certificate, in writing, to be signed by the Mayor and Council, attested by the Township Clerk and the township's Seal to be affixed thereto. The license certificate shall state the purpose or object for which said license is issued, the date of expiration of the license and the amount of license fee, and said license certificate shall be exhibited by the holder thereof whenever demand therefor is made by an official of the township.
The Mayor and Council shall have the privilege and power of revoking any license issued under the provisions of this Article at any time that it appears necessary or advisable if it appears to the Mayor and Council that said licensee is conducting said amusement park, carnival, picnic, dance or other form of amusement in an improper or unlawful manner, notice of said revocation to be given the licensee.
Any person violating or failing to comply with any of the provisions of this Article shall, upon conviction thereof, be subject to a fine of not more than one thousand dollars ($1,000.) or may be imprisoned in the county jail for a term not to exceed ninety (90) days or may serve a period of community service not to exceed ninety (90) days, or any combination thereof. Each day such violation is committed or permitted to continue shall constitute a separate offense, punishable as such.
It is hereby declared unlawful for any person or persons, firm, association, corporation or other entity, for the purpose of profit, to own, possess, operate or cause or permit to be operated within the Township of Florence any pinball machine, slot machine, video machine, amusement machine or pool table without having first applied for and obtained from said Township of Florence a license to so own, operate or possess said machine for the calendar year in which said license is granted.
Any person, firm, association, corporation or other entity owning, possessing or operating, or causing to own or operate, any such machine or device as set forth in § 39-6 hereof shall make written application to the Clerk of the Township of Florence, setting forth the nature, description and serial number of such machine or device, by whom the same is owned and by whom and where the same is possessed and to be operated and such other further information as may be required by the township, and, together with said completed application, the applicant shall submit a nonrefundable application fee in the amount of five dollars ($5.) for each machine to be located on said premises.
The Township Clerk shall have the authority to issue licenses for any machine or device as set forth in § 39-6 hereof. Upon proper application being filed in accordance with § 39-7 hereof, the Construction Code Official shall investigate the proposed location of said machines and devices and the intended operation and shall certify to the Township Clerk a recommendation as to whether or not the license should be granted. Upon receipt of the written recommendation by the Construction Code Official to grant said license, the Clerk shall issue same, upon payment of the licensing fee set forth in § 39-11. The Township Clerk is hereby authorized to waive said licensing fee whenever the applicant is a not-for-profit corporation as provided for by statute. In the event that the Construction Code Official recommends not granting the license, at the applicant's request, the application shall be referred to the Mayor and Council for decision.
The issuance of any said licenses for said amusement machines, video machines, pinball machines or pool tables and all similar machines not dispensing products, which provide amusement generally by means of the insertion of a coin, token or similar object, shall be wholly optional and in the discretion of the Construction Code Official. Any license granted for amusement machines as set forth above shall be subject to, but not limited to, the following conditions:
Pursuant to the applicable provisions of Chapter 91, Land Development, the use of amusement machines as set forth above is permitted only as an accessory use to a primary use otherwise permitted by Chapter 91. An accessory use shall be incidental, customary and complementary to the primary use of the applicant's site. For purposes of this section, "incidental, customary and complementary" shall mean a secondary use that bears a close resemblance and obvious relation to the main or principal use and which may be necessary or common to the common or contemplated or expected principal use.
In determining whether or not the licenses for amusement machines should be granted and/or renewed, the Construction Code Official shall consider the following standards in considering whether or not the proposed use of the amusement machines is truly an accessory use to an otherwise permitted principal use:
The nature, type and extent of the principal and accessory use.
No more than fifteen percent (15%) of the gross floor area of the applicant's site shall be devoted to the accessory use of the amusement machines, with the balance of eighty-five percent (85%) of the floor area to be devoted and used for the principal use.
Upon demand, the applicant shall submit gross receipts, statements and records, together with sales tax records, for both the principal and accessory uses in order to establish that the use of said amusement machines is accessory and not the principal use of the applicant's site.
The applicant shall consent to periodic inspection by the township to determine the number of patrons respectively using the principal use and the accessory use of amusement machines in order to determine that said amusement machines are the accessory use and not the principal use of the applicant's site.
The accessory use and the principal use shall be housed in a single, enclosed building with no outside entrances devoted to the amusement machines. The layout and design of the building must be such that the patrons must proceed through the principal use area in order to reach the accessory use amusement machines area.
Any license issued pursuant to this Article shall be for the term of the balance of the calendar year in which the license is issued. All such licenses must be renewed annually no later than the first day of February in each calendar year. Any license granted pursuant to this Article shall not be transferable and cannot be transferred or moved to any other site or for any other owner or for any other machine without reapplication to the township.
The Mayor and Council shall be the sole party for revocation of any licenses granted pursuant to this Article. By establishing the standards set forth in this Article, the township has expressed its concern for the health, safety and welfare of the residents of Florence Township with regard to the licensing and use of amusement and vending machines and devices. Any applicant granted licenses pursuant to this Article shall certify by signature on the application that the granting of the licenses herein is solely in the discretion of the township and that said licenses can and will be revoked at any time and without notice or not renewed in the event that the terms and conditions imposed by this Article granting said licenses are violated or in the event that the township finds that the operation of said machines creates a nuisance or disturbance to the surrounding community.
In the event of a revocation of any license pursuant to this Article, the Construction Code Official shall serve a copy of the resolution revoking said license on the applicant at the applicant's site or by certified mail, return receipt requested. Upon such service, any further use of said machines shall be deemed in violation of this Article, and the applicant shall be subject to the penalties set forth herein.
The fees to be charged for any license issued pursuant to this Article shall be as follows:
No license shall be granted for less than the applicable annual license fee above, and no rebate shall be granted to any application after said license has been issued.
The granting of the licenses pursuant to this Article is expressly subject to any conditions or approvals required by the Planning and/or Zoning Boards of Florence Township, pursuant to Chapter 91, Land Development, including site plan or related approvals. The granting of said licenses is further expressly conditioned and contingent upon any additional requirements or conditions imposed by said Boards pursuant to said approvals by way of landscaping, parking, etc.
First offense. Any person, firm, corporation or other entity convicted of a violation of this Article or any section thereof shall be punished on the first offense by a fine of one hundred dollars ($100.).
Second offense and subsequent offenses. Any person, firm, corporation or other entity convicted of a violation of this Article or any section thereof shall be punished on the second or subsequent offense by a fine of not less than one hundred dollars ($100.) nor in excess of one thousand dollars ($1,000.) or by a term of imprisonment not to exceed ninety (90) days or by a period of community service not to exceed ninety (90) days, or any combination thereof, in the discretion of the sentencing court.