[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.]
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:
A.
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.
B.
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:
(1)
The nature, type and extent of the principal and accessory
use.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
A.
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.
B.
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.
C.
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 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.
A.
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.).
B.
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.
