[HISTORY: Adopted by the Borough Council of the Borough of Glen Rock 2-27-1978 by Ord. No. 871 (Ch. VII, Sec. 7-7, of the 1971 Revised General Ordinances). Amendments noted where applicable.]
Fees — See Ch. 101.
On and after the effective date of this chapter, no person shall maintain, place or operate any coin- or token-operated amusement device of the type commonly known and designated as "bagatelle, baseball or pinball amusement games" or similar machines or devices in any commercial establishment without having first obtained a license therefor in accordance with the provisions hereof.
Any person desiring to obtain a license to maintain, place or operate any such automatic amusement game or device shall make written application for each of such machines to the Borough Clerk. The application shall be accompanied by the required license fee for each machine as set forth herein.
The applicant shall state his or her full name, residence and post office address; the location, street and number of the place where the machine is to be installed; and the type of business carried on at such location.
All applications shall have attached thereto the written consent of the owner of such business or location where the machine is to be installed. Such consent shall become part of the application as filed.
The applicant shall state his or her age, citizenship and, if naturalized, the date and place of his or her naturalization.
The applicant shall also state whether or not he or she has been convicted of a crime and, if so, shall set forth the place of conviction and the nature of the offense. No license shall be issued to any persons who shall have been convicted of a crime or a violation of any borough ordinance involving gambling.
The Chief of Police shall make due investigation of each applicant and, if satisfied that the applicant does not violate the provisions of this section, shall issue to such applicant a license subject to the provisions hereof.
Any applicant who is aggrieved by reason of the failure of the Chief of Police to issue to him or her a license hereunder may, by written request to the Borough Council, be given a hearing to review the action of the Chief of Police in failing to grant the application for license. In the event that the Borough Council shall determine, following such hearing, that the applicant has met all of the requirements of the provisions of this section, it shall direct the Chief of Police to issue an appropriate license to the applicant for the placement of the machine at the requested location.
[Amended 7-11-1988 by Ord. No. 1127]
The license fee payable for each automatic amusement bagatelle, baseball or pinball machine installed in the borough shall be as provided in Chapter 101, Fees.
No device or machine as specified in this section shall be maintained, placed or operated until the license issued hereunder shall be affixed thereto in a conspicuous place so that it may be easily and quickly identified. The license shall:
The holder of a license shall be permitted to transfer the license within the calendar year for which it is issued to any other like machine operated in the same premises in place of the machine from which the license is transferred. The licensee, however, shall be required to notify immediately the office of the Borough Clerk of such purpose and shall communicate to the Borough Clerk the type of machine to which the license is to be transferred.
No more than two machines or devices of the type or types herein mentioned shall be permitted to be maintained, used or operated in any one place, location or premises, nor shall any machine or device be so constructed as to permit its use or operation by more than two players at any one time.
Any person who shall use or permit to be used any of the machines or devices licensed hereunder for the purpose of gambling shall be deemed to be guilty of a violation of this section and punishable therefor as hereinafter provided.
No machine or device licensed under this chapter shall be used, maintained, operated or placed in any premises located within 200 feet of any school.
[Amended 5-9-1988 by Ord. No. 1125]
Maximum penalty. For violation of any provision of this chapter, any other chapter of this Code or any other ordinance of the borough where no specific penalty is provided regarding the sections violated, the maximum penalty shall, upon conviction of a violation, be a fine not exceeding $1,000 or imprisonment for a period not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof.
Separate violations. Except as otherwise provided, each and every day in which a violation of any provision of this chapter or any other ordinance of the borough exists shall constitute a separate violation.
Application. The maximum penalty stated is not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or a particular violation.