[HISTORY: Adopted by the Board of Commissioners of the Township of
Hatfield 12-12-1974 by Ord. No. 303 (Ch.
13, Part 4, of the 1994 Code). Amendments noted where applicable.]
There is hereby imposed an annual license fee at the rate hereafter
specified on all persons, firms, corporations or associations using or permitting
the use for profit in the Township of Hatfield of any device or devices for
amusement or entertainment, which are operated by the insertion of a coin
or token representing such coin.
As used in this chapter, the following terms shall have the meanings
indicated:
Any amusement machine or device operated by means of the insertion
of a coin, token or similar object for the purpose of amusement or skill and
for the playing of which a fee is charged. A coin-operated amusement device
is hereby further defined as any machine, apparatus or contrivance which is
used or which may be used as a game of skill and amusement wherein or whereby
the player initiates, employs or directs any force generated by the machine.
The term does not include vending machines in which are not incorporated game
or amusement features, nor does the term include any coin-operated musical
devices.
[Amended 9-28-1994 by Ord. No. 420; 9-13-1995
by Ord. No. 420I]
The license fee hereby imposed shall be an amount to be established
by ordinance annually by the Board of Commissioners for each said device and
all other devices of the kind and character hereinabove defined.
It shall be unlawful for any person, firm or corporation to install,
operate or maintain any such coin-operated amusement device without having
first obtained a license therefor. Applications shall be made to the Chief
of Police. The license period shall be the same as the calendar year.
A.
Application for a license hereunder shall be filed in
writing with the Chief of Police and shall specify:
(1)
The name and address of the applicant, and, if a firm,
corporation, partnership or association, the principal officers thereof and
their addresses.
(2)
The address of the premises where the licensed device
or devices are to be operated, together with the character of the business
as carried on at such place.
(3)
The trade name and general description of the device
or devices to be licensed, the name of the manufacturer and the serial number
and the number of devices to be licensed.
(4)
The name and address of the operator of the device or
devices, if other than the proprietor.
(5)
Such additional information as may be needed for the
proper guidance of the Township officials in the issuing of the license applied
for.
B.
The proper license fee shall accompany such application.
Application for license hereunder shall first be referred by the Chief of
Police to the Township Board of Commissioners who shall make or cause to be
made such investigation as it deems necessary. If the application is approved
by the Township Board of Commissioners, the license shall be issued by the
Chief of Police and the Chief of Police shall remit the fee to the Township
Treasurer. If the license is denied, the fee shall be returned to the applicant.
All licenses under this chapter shall expire on December 31 following their
issuance. The license shall be posted in a conspicuous place in the establishment
of the licensee. Such license shall be nonassignable and nontransferable and
shall apply only to the premises for which license is issued. All license
renewals and the application thereof shall be referred to the Chief of Police
of Hatfield Township who shall make or cause to be made such investigation
as he deems necessary for the reissuance of said license, and upon being satisfied
as to the propriety thereof, the Chief of Police shall issue said renewal
license.
If the license fee hereby imposed shall not be paid on or before the
date fixed for the payment thereof, there shall be added a penalty of 5% thereof,
and the said delinquent license fee shall bear interest at the rate of 1/2
of 1% for each month or fraction thereof after the date herein required for
payment of the same.
The Solicitor, where requested by the Police Department, shall proceed
for the collection of any delinquent license fee arising hereunder, together
with penalties, costs and interest thereon, and shall take such action for
the purpose as may be authorized by law.
In case a proprietor licensed under the provisions of this chapter desires,
after the expiration of any portion of any license year, to increase the number
of devices to be used or played or exhibited for use or play in his establishment,
he shall surrender his license to the Chief of Police who shall issue a new
license showing the number of devices licensed thereunder, upon payment of
the proper license fee therefor.
Any proprietor who owns such a device or devices at the time this chapter
becomes effective shall file with the Chief of Police evidence of such ownership
prior to the issuance of a license and any proprietor purchasing a device
or devices after the effective date of this chapter shall file with the Chief
of Police evidence of ownership thereof before exhibiting or placing such
device or devices for use or play.
No business, licensed or not, shall be so conducted or operated as to
amount to a public nuisance whereby the health, welfare, safety or morals
of the community would be adversely affected. It shall be the duty of a proprietor
licensed under the provisions of this chapter to properly police the premises
in which said device or devices are located as well as the immediate adjacent
areas to such premises to assure and prevent any violation of the Pennsylvania
Liquor Code, loitering, and any other unlawful activity.
All such devices shall, at all times, be kept and placed in plain view
of any person or persons who may frequent or be in any place of business where
such devices are kept or used. Nothing in this chapter shall be construed
to authorize, permit or license any gambling device of any nature whatsoever.
The Chief of Police shall inspect or cause the inspection of any place
or building in which any such device or devices are operated or set up for
operation to secure compliance with the provisions of this chapter or any
Township ordinance or to detect violations thereof. It shall be the duty of
the licensee, or the person in charge of the premises to be inspected, to
admit thereto for the purpose of making the inspection any officer or employee
of the Township who is authorized or directed to make such inspection at any
reasonable time that admission is requested.
The proper officials and employees of Hatfield Township are hereby authorized
and directed to make and keep such records, prepare such forms, and take such
other measures as may be necessary or convenient to carry this chapter into
effect.
[Amended 9-28-1994 by Ord. No. 420]
Any person who shall violate any provision of this chapter shall, upon
conviction thereof, be sentenced to pay a fine not exceeding $600 and costs
and, in default of payment thereof, shall be subject to imprisonment for a
term not to exceed 30 days. Each day that a violation of this chapter continues
shall constitute a separate offense.
