[HISTORY: Adopted by the Borough Council of the Borough of Perkasie
12-20-1993 by Ord. No. 736. Amendments noted where applicable.]
There is hereby imposed an annual license fee at the rate hereinafter
specified on all persons, firms, corporations or associations using or permitting
the use for profit in the Borough of Perkasie 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 "device" also means 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 gaming or amusement features, nor does the term
include any coin-operated mechanical musical devices.
A.
The yearly license fee hereby imposed shall be established
from time to time by resolution for each device used or played or exhibited
for use or play.
B.
All proprietors' license fees shall be payable annually,
in advance, by filing with the Borough Secretary a written application accompanied
by the license fee for each device.
C.
Where application is made after June 30 of each year,
the license fee shall be 1/2 of the annual fee.
D.
In no case shall any portion of said license be repaid
to the licensee.
It shall be unlawful for any person, firm, corporation, association
or other legal entity to install, operate or maintain any device or permit
to be installed, operated or maintained on its premises any device without
having first obtained a license in accordance with the provisions of this
chapter.
Every applicant for a license under this chapter shall file a written
application in duplicate with the Borough Secretary, in which application
shall be stated the following:
A.
The name and address of the applicant and manager, and,
if a firm, partnership, corporation or association, the principal officers,
directors and shareholders thereof and their addresses.
B.
The address of the premises where the licensed device
or devices are to be operated, with an explanation of the character of the
business to be carried on at such premises.
C.
The statement of whether the applicant is the owner or
a tenant of the licensed premises. If the applicant is not the owner of the
licensed premises, the applicant shall state the name and address of the owner
of the premises.
D.
The trade name and a general description of the device
or devices to be licensed, the name of the manufacturer of each device, the
number of devices to be licensed and the serial number of each device.
E.
The location on the premises where each device is to
be located.
F.
A statement as to whether the applicant, manager or any
partner, principal officer or shareholder associated with the applicant has
been convicted of a misdemeanor or felony in any jurisdiction. If there has
been a conviction, then the statement shall explain in detail the date, nature
and disposition of the charges.
G.
In the event that the manager, officers, directors or
shareholders of a firm, partnership or corporation change during the time
that a license is held, the licensee shall have an obligation to advise the
Borough of the change in ownership.
The proper license fee shall accompany each application, which shall
be signed by the applicant.
A.
When the application is completely filled out as required by this chapter and signed by the applicant, it shall be referred to the Chief of Police who shall make or cause to be made an investigation of the applicant's business, responsibility and character as is necessary for the protection of the public health, welfare and safety. The Chief of Police shall determine whether the applicant or persons associated with the applicant, or any of the individuals described in § 60-5A and F above, has or have been convicted of a crime involving moral turpitude, engaged in previous fraudulent acts or conduct or made false statements in the application for the license. If the Chief of Police determines that none of the foregoing has occurred, the Chief shall approve or deny the issuance of a permit. In the event that the permit is not issued, the Chief shall notify the applicant, in writing, stating the reasons for the denial.
B.
If any applicant hereunder shall be denied a permit or
an amended permit, said applicant shall have a right to appeal the denial
of said permit to the Borough Council, provided that said appeal shall be
filed with the Borough within 30 days after the denial of the permit. Said
appeal may be lodged in written form or letter so as to apprise the Borough
of the basis for the appeal.
C.
If an appeal is not lodged within 30 days after the denial
of a permit by the Chief of Police, the determination of the Chief with respect
to said application shall become final.
The license shall be posted in a conspicuous place on the premises of
the licensee. No device shall be placed, operated or maintained until the
license has been posted.
The holder of any license shall not transfer or permit to be transferred
the license to any other party or to any other device to be maintained, operated
or used in the same location in place of the device stated in the license,
except in the case of a breakdown of a device which is replaced. The holder
of any license may not transfer the location of the machines without filing
a new application for permission to do so with the Borough.
If the holder of a license desires to increase the number of devices on the premises, the licensee shall request an amended permit by letter to the Chief of Police. The letter shall describe the number and locations of the machines that the licensee desires to place. As well, the appropriate license fee shall be enclosed with the request. The Chief of Police shall make whatever follow-up inspections or requests for additional information that he or she deems appropriate. If the Chief of Police determines that the applicant has provided all necessary information and paid the appropriate fee, he or she shall approve the issuance of an amended permit. In the event of an application for an additional permit, the existing original permit shall remain in full force and effect unless and until revoked pursuant to the terms of § 60-20 below.
No device shall be installed in any premises in the Borough for use
by the public unless the following space requirements are met for the protection
of citizens of the Borough in the event of fire or emergency:
A.
At least two feet of open space shall be provided along the side of each device. Where two devices are adjacent to each other, there shall be at least three feet of open space between them. Upon good cause shown or impractical application, the Chief of Police shall be permitted to vary the above-stated location standards insofar as they do not conflict with the provisions of Subsection D of this section.
B.
At least three feet of open space shall be provided for
the operator directly in front of each device. Where two devices are opposite
each other, there shall be at least six feet of open space for the operators
directly in front of each device.
C.
The rear of each device shall be placed against a continuous
wall.
D.
The provisions herein stated do not in any manner preempt
or supersede the provisions of relevant zoning, building and BOCA Code provisions
applicable to the applicant's location. In the event of a conflicting provision,
the provisions of said building codes shall prevail.
No device shall be licensed or placed, maintained, operated or used
in any location, the entrance of which is within 300 feet of any entrance
to any public school or public playground, to be measured along the street
line.
No business licensed under this chapter shall be so conducted as to
amount to a public nuisance, whereby the health, welfare or safety of the
community would be adversely affected.
No device may be placed in a location that is open prior to 8:00 a.m.
or after 10:00 p.m. except in locations holding a valid liquor license.
It shall be the duty of a licensee to properly police the licensed premises
as well as the areas adjacent to the premises to assure against and prevent
any violation of a Borough ordinance, a state law or any other unlawful activity,
including loitering in front of and nearby the licensed premises. The licensee
shall provide on-site supervision of the devices at all times.
All devices shall at all times be kept and placed in plain view of any
person or persons who may use or be in the licensed premises or any person
responsible for supervising the devices.
No licensee shall offer any prize or monetary reward to any person playing
any device, nor shall any licensee permit any device to be used for gambling
purposes.
No license shall be granted for any device which shall be in the nature
of a gambling device or machine, and no such device or machine shall be placed,
operated, maintained or used in the licensed premises.
It shall be the duty of the licensee or the person in charge of the
licensed premises to admit to the licensed premises, for the purpose of making
any inspection, any officer or employee of the Borough who is authorized or
directed to make such inspection at any reasonable time that admission is
requested.
A.
The Chief of Police shall have the absolute power to
revoke a license for any violation of this chapter.
B.
Once a license is issued, the Chief of Police shall be authorized to revoke a license in the event that the Chief of Police shall be made aware of information that would have permitted the denial of the application for a license as described in § 60-7A above.
C.
The licensee shall have the ability to appeal to Borough
Council within 30 days of the issuance of the notice of revocation. If an
appeal is lodged, the Chief of Police shall have absolute discretion to permit
the licensee to continue operation of the devices during the pendency of the
appeal in the Chief's sole opinion and discretion. It is further understood
that the Chief of Police may impose reasonable restrictions and/or conditions
upon the grant of approval of continuing to operate during the pendency of
the appeal. Borough Council shall hear the appeal at its next regularly scheduled
meeting, during which time the licensee shall be given an opportunity to present
evidence and/or testimony in support of the licensee's opposition to the revocation.
