The purpose of this chapter is regulating and
licensing the operation of coin-operated amusement devices, excluding
musical devices.
As used in this chapter, except where the context
clearly indicates otherwise, the following words or phrases have the
meanings indicated below:
COIN-OPERATED AMUSEMENT DEVICE
Any mechanical or electrical device, machine or apparatus
whatsoever for the playing of a game, entertainment or for amusement,
including but not limited to a device commonly known as a "pinball
machine," "video game" or any other such machine or device upon which
baseball, football, shuffleboard, bowling, tennis, billiards or any
other sport, game or amusement is played which is operated or played
from the insertion therein of a coin, disc, slug, plate, key, or card
or by the payment of any price, excluding musical devices such as
a jukebox.
[Amended 5-8-2017 by Ord.
No. 2017-05]
PERSON
Any person, partnership, firm, association or corporation,
except a nonprofit organization exempt under Section 501(c) of the
Internal Revenue Code.
It shall be unlawful for any person to have,
keep, lease or maintain for purposes of operation a coin-operated
amusement device without first having obtained the proper license
from the Township Manager as provided in this chapter.
The license required by this chapter shall be
posted at all times by affixing it in a conspicuous place on the premises
so as to be easily seen and read by any person who visits the premises
wherein the coin-operated amusement devices are operated.
[Amended 5-8-2017 by Ord.
No. 2017-05]
An application for a license shall be filed, in writing, with
the Township Manager or his designee on a form to be provided by the
Township Manager, or his designee, and shall specify as follows:
A. Name and address of the applicant and, in addition thereto, if a
partnership, firm, association or corporation, the name and address
of a principal partner, officer or manager.
B. Name and address of the owner of the coin-operated device if different
from the applicant.
C. Name and address of premises where the coin-operated amusement device
is to be operated.
D. Fee that is paid and the effective date of the application, which
shall be from whatever date the applicant starts the business of that
year until December 31 of the same year.
E. Number of coin-operated amusement devices to be licensed.
[Amended 11-10-1997 by Ord. No. 97-16; 5-8-2017 by Ord. No. 2017-05]
No license shall be issued under this chapter for any coin-operated
amusement device until the annual fees have been paid to the Township
Manager or his designee. The annual license fee shall be as set forth
from time to time by resolution of the Board of Commissioners for
each coin-operated amusement device on the premises, but in no event
shall the license fee exceed $100 per coin-operated amusement device.
For purpose of yearly renewal, the fee shall be paid on or before
April 30 of each year, or before any new coin-operated amusement devices
are installed. If any coin-operated amusement device is installed
after July 1 of any year and application is made after that date,
then the license fee of such device for that year shall be as set
forth from time to time by resolution of the Board of Commissioners. A license shall not be transferable from one application
to another. A new owner, proprietor or operator shall secure a new
license and shall pay the fee herein required. A new or different
license shall not be required when one such device is replaced by
another such device as long as the total number of such devices on
the premises remain the same.
[Amended 5-8-2017 by Ord.
No. 2017-05]
A. No coin-operated amusement device whether operable or inoperable shall remain upon any premises unless the license fee provided for in §
63-6 shall have been paid.
B. No minor (under the age of 18 years), unless accompanied by a parent,
guardian or responsible adult, shall operate or play a coin-operated
amusement device between the hours of 11:00 p.m. and 7:00 a.m.
C. Coin-operated amusement devices may dispense prizes or other awards,
credits, or tickets redeemable for prizes or other awards, subject
to the restrictions contained herein. Coin-operated amusement devices
may award the player extended or additional game play. Prizes or other
awards, credits, or tickets redeemable for prizes or other awards,
with a wholesale value not to exceed $50 per play of a coin-operated
amusement device, may be offered or given by any person. The player
of a coin-operated amusement device may aggregate the credits or tickets
won from multiple plays of a coin-operated amusement device and redeem
them for prizes or other awards. Prizes awarded by a coin-operated
amusement device, and prizes awarded upon the redemption of credits
or tickets dispensed by a coin-operated amusement device, may not
include tobacco products, alcoholic beverages, cash, or cash equivalents
(other than prepared food products or nonalcoholic beverages sold
on the premises on which the coin-operated amusement device is located).
No person shall permit any coin-operated amusement device to be used
for any gambling purpose.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Township Police Department, Township Zoning
Officer and the Township Manager, or their duly authorized representatives,
shall make periodic inspection of all premises where coin-operated
amusement devices are licensed, operated, maintained, placed or used.
[Amended 11-10-1997 by Ord. No. 97-16; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation
of this chapter shall, upon being found liable therefor, pay a fine
of not more than $600, plus court costs and reasonable attorneys'
fees incurred by the Township in the enforcement proceedings. If the
penalty is not paid, the Township shall initiate a civil action for
collection in accordance with the Pennsylvania Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense, and
each section of this chapter that is violated shall also constitute
a separate offense. In addition to or in lieu of enforcement under
this section, the Township may enforce this chapter in equity in the
Court of Common Pleas of Cumberland County.