[HISTORY: Adopted by the Mayor and Council of the Borough of Riverton
10-14-82 as Ord. No. 7-82. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any machine which, upon the insertion of a coin, slug, token, plate
or disc, may be operated by the public generally for use as a game, entertainment
or amusement, whether or not registering a score, including but not limited
to such devices as marble machines, pinball machines, skill ball, mechanical
grab machines and all games, operations or transactions similar thereto under
whatever name they may be indicated. It shall include video-type games or
machines or similar devices that use a display screen for points, lines and
dots of light that can be manipulated to simulate games or other types of
entertainment. It shall not include nor shall this chapter apply to music-playing
devices.
Any person who supplies any automatic amusement device to another
for use in his premises, whether under lease or any similar arrangement.
Any person in whose premises any automatic amusement device is placed
or kept for operation.
Any person, firm, corporation, partnership or association.
The purpose of this chapter is to license, regulate and control those
automatic amusement devices which are operated for the purpose of making a
profit. The objective of this chapter is to regulate the business of amusement
devices so as to prevent nuisances to patrons and the public, fire hazards
from overcrowding, poor ingress and egress at premises where amusement devices
are located, the promotion of gambling and loitering or the creation of an
unhealthy atmosphere for the youth of the community or other foreseeable undesirable
effects of such devices.
A.
No person shall maintain or operate any automatic amusement device as defined in § 44A-1 of this chapter within the Borough of Riverton without first obtaining a license therefor. Licenses shall be issued only in the Business District as defined in the Zoning Ordinance of the Borough of Riverton.[1]
B.
Exceptions. The license requirements of this chapter
shall not apply to any church, fraternal, charitable or nonprofit organization
which operates any automatic amusement device solely for the use of its members
and their guests on premises owned or controlled by it.
A.
All license applicants must be at least eighteen (18)
years of age. All applications for a license under this chapter shall be made
and delivered to the Borough Clerk on forms to be supplied for the purpose
and shall be subscribed and sworn to by the applicant.
B.
The application for the license shall contain the following:
(1)
The name and address of the applicant.
(2)
The name under which the place is being operated and
the location of the same.
(3)
The number and type of machines sought to he licensed.
(4)
The location where each automatic amusement game is to
be located.
(5)
The name and address of the person from whom each device
is to be purchased, rented or otherwise obtained.
(6)
A description of each automatic amusement game sought
to be licensed, including for each device the name of the manufacturer, model
number and serial number.
(7)
The terms of agreement governing the acquisition and
installation of said automatic amusement game.
(8)
Information indicating whether the distributor, the applicant
or any person connected with the operation of the place wherein the game or
device is to be installed has ever been convicted of any crime or found guilty
of the violation of any ordinance pertaining to gambling or gaming.
(9)
Any other information which the Borough Clerk or Police
Chief may deem reasonably necessary and proper for the full protection of
the interest of the patrons or the public in the application.
A.
It shall be unlawful in the Borough of Riverton to place,
maintain or operate more than two (2) automatic amusement devices in any one
(1) business establishment.
B.
The following rules shall govern the location within
all business premises of automatic amusement devices:
(1)
Each device shall be located at least ten (10) feet from
the entranceway to the premises in which located and placed so that it does
not obstruct or interfere with the free and unfettered passage to and from
the premises of patrons or users of the premises.
(2)
Each device shall have an unobstructed perimeter zone
or distance of four (4) feet around the sides of the three (3) linear borders
of said device (exclusive of passageways) wherein the users of said device
may use, watch or wait to use said device. The area which is required hereunder
for each such machine shall not be encroached upon by the area of any other
machine. It is the intent of this chapter that for purposes of preventing
overcrowding and assuring safe passage of the general public that each machine
shall have its own unobstructed perimeter zone.
C.
No games subject to this chapter may be operated within
five hundred (500) feet of a school or house of worship. The distance shall
be measured for similar restrictions imposed and as interpreted for alcoholic
beverage licensed premises by the Alcoholic Beverage Commission. This subsection
of this section shall not be construed to require the removal of any automatic
amusement devices which are in place as of the effective date of this chapter.
A.
The fee for all applications for licenses pursuant to
this chapter shall be one hundred dollars ($100.) in addition to all licensing
or transfer fees.
B.
The annual fee for a license to operate an automatic
amusement device shall be three hundred dollars ($300.) for each device. The
fee for any license issued after July 1 shall be one hundred fifty dollars
($150.) for each device.
A.
All licenses issued under this chapter shall be for a
term of one (1) year, commencing on January 1 and expiring on December 31
of the year of issuance.
B.
A license may be transferred from one machine to another
by giving notice to the Borough Clerk to that effect and giving a description
of the new machine, including manufacturer, model number and serial number.
A license may he transferred from one place to another eligible place by giving
notice to the Borough Clerk to that effect and by making application to transfer
to the new premises. There shall be a fee for all transfers from one place
to another in the amount of one hundred dollars ($100.) per place of transfer.
A.
No person shall. in his place of business, permit gambling
in connection with the playing of any mechanical amusement game or permit
playing of a device by minors under the age of fourteen (14) unless said minor
is in the company of an adult.
B.
The operation of automatic amusement devices licensed
hereunder shall be permitted only during the hours of 10:00 a.m. to 9:00 p.m.
Monday through Saturday and 1:00 p.m. to 5:00 p.m. on Sundays.
The Chief of Police or his designee may make an investigation of the
premises and the applicant to determine the truth of the facts set forth in
the application. The Fire Chief or his designee may inspect the premises to
determine whether said premises comply with existing fire regulations of the
borough. The Chief of Police or his designee and the Fire Chief or his designee
shall, upon completion of their inspection, attach to said application their
reports therein in writing. Upon receipt of said application and inspection
reports, the Borough Clerk shall submit same to the Mayor and Council at its
next regular meeting to consider the same and to either approve or disapprove
the issuance of the license to the applicant.
A.
All licenses issued under this chapter shall be deemed
to be granted upon the express conditions that, in addition to any other sanction
or penalty, the Borough Council may, after due notice by personal service
or certified mail and after due hearing, suspend or revoke any license issued
under this chapter for violating any provision of this chapter or if it finds
that there has been:
(1)
Gambling on the premises.
(2)
False or incorrect material on the application or information
furnished by the applicant.
(3)
Failure to maintain good and safe conduct on the premises.
(4)
Creating of a public nuisance.
(5)
Loud and obscene language.
(6)
Excessive noise.
(7)
Other good causes for such action.
B.
Posting and displaying. An operator's license granted
pursuant to this chapter shall:
Any person who violates any provision of this chapter shall, upon conviction
thereof, be punished by a fine not exceeding five hundred dollars ($500.)
or by imprisonment for a term not exceeding ninety (90) days, or both. Each
day that a violation occurs or is committed shall constitute a separate offense.
This chapter shall apply to any automatic amusement device now existing in the borough or hereafter brought into the borough, provided that with respect to existing automatic amusement devices, the operator shall have until November 1, 1982, to comply. It is specifically intended that the limitation of § 44A-5A applies to existing automatic amusement devices and to existing business establishments, it being noted that no business establishment in the borough exceeded this limitation prior to the original introduction of this chapter.
