[Adopted 12-30-1992 by Ord. No. 92-21]
[Amended 9-13-1993 by Ord. No. 93-14]
For general revenue purposes, there is hereby levied, assessed and imposed upon each person, partnership, association or corporation owning or operating within the boundaries of Hempfield Township pinball machines, jukeboxes or other music machines, shuffle bowlers, bowling machines, mechanical or coin-operated pool tables and all other mechanical, electronic or video-type amusement devices, an annual assessment or levy upon the following schedule:
Number or Type of Machines
Assessment
1 to 99 machines
$100 per annum per machine
100 machines
$9,000 per annum for arcade license at 1 location
More than 100 machines
$9,000 per annum for arcade license, plus an additional $50 per annum for each machine in excess of 100 at 1 location
Child mechanical rides
$50 per annum per machine
Jukeboxes or other music machines
$50 per annum per machine
The following words, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates or requires a different meaning:
MECHANICAL AMUSEMENT DEVICE
Any video or electronic device, machine or apparatus which, upon the insertion of a coin, token, slug or plate therein, or upon payment of a fee, may be operated by the public generally for the playing of games and/or amusements, the object of which is to secure a special number symbol, figure or groups thereof, arrangement, pattern or score, by the exercise of skill in the operation or manipulation of such device.
PERSON
Includes any person, firm, corporation or association which shall, at any time, own or operate within Hempfield Township or make available for use or operation within Hempfield Township any mechanical amusement devices as used in this article for the use or operation by the general public.
A. 
Any person, firm or corporation who owns or operates or offers for use or operation within Hempfield Township any mechanical amusement device or jukebox on or after January 1, 1993, shall, before offering the same to the use or benefit of the general public, register such device with and make application for and receive an annual license therefor from the Township Treasurer. Said application shall be in writing, signed by all applicants and shall be made under oath or affirmation that the information therein is complete and correct. The application shall set forth the following:
(1) 
The name and address of the applicant(s).
(2) 
The applicant's place of residence within the past five years.
(3) 
The location of the premises upon which the various amusement devices shall be installed and used and the name of the owner of said premises thereof.
(4) 
The manufacturer, description and serial number of the device.
(5) 
The business or trade name used by the applicant.
B. 
A separate application shall be filed for each location where amusement or related devices are being placed. The application shall include the listing and identification for each such amusement or related device being placed at the particular location. Each registration shall be accompanied by the annual license fee to cover all machines or devices at said location.
No license shall be granted, or transferred or approved, within seven days of the filing of the application therefor, during which time the Treasurer or designee shall investigate the facts set forth and ascertain the truth thereof. If the Treasurer shall be satisfied that all facts contained in the application are correct, then a license shall be issued to the applicant, provided that the annual license fee has been paid.
The license herein provided for shall be a label, disc, tag or certificate for the year for which the license or fee has been paid, and the applicant shall firmly attach it to the device for which it was issued or post the same at the license location. A license may be transferred, without payment of an additional fee or assessment, to another device intended to replace on the same premises only, either temporarily or permanently, an existing licensed device, provided that the application required is filed with, and approved by, the Township Treasurer; and provided further that the license of any device the use of which is discontinued shall not be transferred or revised. No device shall be operated without the license therefor being affixed thereto or being prominently posted at the licensed location.
All assessments or fees imposed by this article remaining unpaid after they become due shall bear interest at the rate of 10% per annum, and those upon whom said assessments or fees are imposed shall be further liable to a penalty of 5% of the amount of said unpaid assessment or fee.
Any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not less than $100 nor more than $600 and costs of prosecution, or, in the default of said payment of such fine and costs, to undergo imprisonment for not more than 30 days, provided that each day's continuance of any violation of this article shall constitute a separate defense and shall be subject to a separate and distinct penalty.
Any ordinance or part of ordinance conflicting with this article is hereby repealed insofar as the same conflicts with the terms of this article.
If any sentence, clause, section or part of this article is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses or sections or parts of this article. It is hereby declared as the intent of the Board of Supervisors of the Township of Hempfield that this article would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or provision or part thereof not been included therein.
The Secretary of the Township of Hempfield is hereby directed to file a certified copy of this article with the Department of Community Affairs of the Commonwealth of Pennsylvania within 15 days after this article shall become effective, if so required.