[HISTORY: Adopted by the Board of Commissioners
of the Township of Upper Gwynedd 7-25-1983 by Ord. No. 83-12.
Amendments noted where applicable.]
The subject matter of this chapter is the licensing
and regulation of machines operated as games of skill and played for
amusement and also the places where the machines are located. The
machines are to include, but are not limited to, pinball machines,
electronically operated shuffleboard machines, shuffle bowling, video
games, arcade games, electronically operated tennis and hockey and
other games of amusement.
It shall be unlawful for any person or persons, corporations, companies, partnerships or firms, either as principal or agent (hereinafter called "operator"), to have, lease, keep and maintain for purposes of operation or cause to be available for operation or permit to be operated anywhere within the Township of Upper Gwynedd, whether on public or private property, any machine that is the subject of this chapter, as defined in § 52-1, operated as games of skill or amusement, where a fee or cost is charged for the privilege of using such machine or games of skill for amusement, without first having obtained a license therefor from the Township Manager. This chapter shall apply to any place, location or premises which has more than one machine of the kind described in § 52-1 in said location, place or premises.
A.Â
An applicant for a license under this chapter shall
complete a written application form, in duplicate, with the Township
Manager and shall specify:
(1)Â
The name, address and social security number of the
applicant and, if a corporation, company, partnership or firm, the
names and addresses of all shareholders, officers or members.
(2)Â
Any previous business address of the applicant.
(3)Â
Whether applicant or its officers, shareholders or
members have ever been arrested for, charged with or convicted of
a felony or misdemeanor in this state or any other.
(4)Â
The trade name and general description of the machine
to be licensed and the name of the manufacturer and the serial number
and the number of devices to be licensed.
(5)Â
Location of machines on the premises.
(6)Â
The name and address of the owner of the machines.
(7)Â
Authorization for any Township official duly designated
by the Township Manager to inspect the premises during business hours
for the purpose of enforcing this chapter.
B.Â
The applicant shall submit the proper license fee
with the application, and if the license is approved by the Board
of Commissioners and the license is issued, the license fee shall
be duly deposited. If the license is denied, the fee shall be returned
to the applicant or licensee. The applicant shall be responsible to
notify the Township Manager of any change of officers or shareholders
of any applicant, corporation or licensee and of any other change
on the original application.
Upon the filing of an application under this
chapter with the Township Manager, the duplicate copy of the application
shall be referred to the Chief of Police, who shall then make or cause
to be made an investigation of the applicant as deemed necessary for
the protection, general health, safety and welfare of the citizens
of the Township.
The Board of Commissioners shall act on the
application after receiving the report of the Chief of Police. However,
said license shall not be transferable from one owner or operator
to another. It shall not be required to secure a new and different
license when one machine is replaced by another so long as the operator
is licensed to operate the same total number of machines under his
control for the purpose of operation. The operators must supply the
Township with the trademark and general description of the machine
to be licensed, the name of the manufacturer and the serial number
of the new machine. In the event that the operator adds new machines
to the total number under his control, the operator must obtain a
new license for each additional machine. If the license fee hereby
imposed shall not be paid on or before the date fixed for payment
thereof, in addition to any other fine imposed there shall be added
a penalty of 10% thereof, and the delinquent license fee shall bear
interest at the legal rate of interest.
All licenses granted under this chapter shall
be publicly displayed and exhibited at all times by affixing the same
in a conspicuous manner so as to be easily seen and read by all parties
who visit the premises wherein the machines are operated.
No business 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 responsibility of the operator or proprietor who is licensed under
the provisions of this chapter to properly police the premises on
which said machines are located as well as immediate adjacent areas
to such premises to assure and preserve as to violation of any law.
It shall be prohibited to offer a prize or any award to any person
playing said machines covered by this chapter. It shall be prohibited
to permit said machines to be used for any gambling purposes.
The license fee shall be set by resolution of
the Board of Commissioners.
No premises containing any machines covered
by this chapter shall be opened to the public between the hours of
11:00 p.m. and 9:00 a.m. of any Monday, Tuesday, Wednesday, Thursday
or Friday nor between the hours of 12:00 midnight and 9:00 a.m. on
any Saturday or Sunday. This chapter shall not supersede any statute
of the Commonwealth of Pennsylvania.
Each license issued by this ordinance shall
be revocable for any violation of this chapter.
The Upper Gwynedd Township Police Department,
Fire Marshal and any other duly authorized Township official shall
make periodic inspections of all premises where machines of amusement
and games of skill for amusement are operated for the purpose of enforcing
this chapter.
[Amended 4-22-1985 by Ord. No. 85-6]
A.Â
Any person or persons or firm or corporation who shall
violate any of the provisions of this chapter, upon conviction thereof,
shall be liable to pay a fine or penalty not to exceed $1,000 plus
costs of prosecution for each and every offense. All fines and penalties
imposed by this chapter are recoverable by summary proceedings before
the Magisterial District Judge, and all suits or actions at law instituted
for the recovery thereof are to be in the name and for the use of
Upper Gwynedd Township, against which the offenses are committed.
In default of payment of any fine or penalty imposed by any Magisterial
District Judge under the provisions of this chapter, the person or
persons so offending may be committed to the Montgomery County Prison
for a period not exceeding 30 days.
[Amended 11-23-1992 by Ord. No. 92-15[1]]
B.Â
Each day a violation is committed shall constitute
a separate offense and shall be punishable as such hereunder.
C.Â
This section shall not preclude the Township from
any other remedy it may have at law or equity.
