Township of Warwick, PA
Bucks County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Warwick at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
GENERAL REFERENCES
Permits and licenses — See Ch. 138.
The following words and phrases as used in this chapter shall have the following meanings, unless a different meaning is required by the context:
COIN-OPERATED AMUSEMENT DEVICE
Any mechanical or electrical device which provides amusement or entertainment which may be operated or set in motion upon the insertion of a coin or token or by any other means. This definition shall include, in addition to devices commonly known as "coin-operated amusement devices," all pocket pool tables, bumper pool tables, billiard tables, hockey games, air hockey games, soccer games, fussball games and all similar devices. This definition shall not include jukeboxes, telephone devices or machines that sell merchandise.
COIN-OPERATED AMUSEMENT DEVICE ARCADE
Any place of business or establishment or any structure containing four or more coin-operated amusement devices.
OPERATOR
Proprietor, lessee, manager or employee of any coin-operated amusement device or business.
PREMISES
A building or a part of a building where coin-operated amusement devices are located under the ownership or control of the operator.
A. 
No coin-operated amusement device shall be installed, operated or maintained in any store, shop, tavern, restaurant or other place of business or in or about any private club or organization or in or about any structure unless the proprietor of the premises shall have first obtained a license for that purpose from the Township. No license shall be required for coin-operated amusements located in residential structures which are available for private use only.
B. 
As of the effective date of this chapter, the Township may issue to said proprietor a license as provided for in Subsection A above, provided that one machine shall be allowed for the first 200 square feet of floor area. For the purposes herein, "floor area" shall be defined as the floor area within a structure intended to be used by patrons, guests, members, parishioners, clients or customers.
C. 
The requirements set forth in Subsection B hereof shall not be applicable to machine(s) which are used in educational facilities for educational purposes.
D. 
Any licensee pursuant to Subsection A above who would not be in conformance with the provisions set forth in Subsection B hereof as of the effective date of this chapter shall be permitted to continue said nonconformance beyond the effective date of this chapter, provided that no additional skill amusement machine licenses shall be granted to said licensee which would increase said nonconformance. However, any provisions to the contrary herein contained notwithstanding, a license shall be procured for each coin-operated amusement device as required herein.
E. 
Every person, firm or corporation desiring to obtain a coin-operated amusement device license as required by Subsection A hereof shall annually file a written application to the Township on forms approved by the Board, together with an application fee as set forth in the Warwick Township Fee Schedule. [1] The license shall be prominently displayed on the premises in a conspicuous place near the entrance. Prior to any additional machines being installed on the premises, a new license shall be procured. No licensed machine shall be moved to another premises within the Township without a new license having first been acquired for that machine.
[1]
Editor's Note: The Warwick Township Fee Schedule is on file in the Township office. See also Ch. 81, Fees.
F. 
Before a coin-operated amusement device license shall be issued, an inspection of the premises shall be made by the Building Official, who shall determine that all the requirements of this chapter have been met.
G. 
The Township, upon receiving such an application, if presented in due form and upon being advised by the Building Official that said premises conforms to the requirements hereof, shall grant such coin-operated amusement device license to the applicant for a term expiring on the 31st day of December of each year. Each license shall be in such form as the Board may prescribe and shall contain the name, address, place of business, number of machines licensed and the date of expiration of said license and shall be authenticated by the signature of the proper Township official. All licenses shall be issued to a specific person, firm or corporation and for a specific location.
H. 
The provisions of § 45-2 of this chapter and each part thereof are intended to apply only to places of business or establishments or structures having fewer than four coin-operated amusement devices and do not apply to coin-operated amusement device arcades as that term is defined in this chapter.
A. 
No coin-operated amusement device shall be established, maintained or conducted in the Township by any person, firm or corporation without first obtaining a license to operate such a place from the Township, and no operator, as defined herein, shall allow or permit the use of four or more coin-operated amusement devices unless a coin-operated amusement device arcade license for such use shall have been obtained from the Township.
B. 
Every person, firm or corporation desiring to obtain a license for a coin-operated amusement device arcade as required by this chapter shall annually file a written application to the Township on forms approved by the Board, together with an application fee as set forth in the Warwick Township Fee Schedule. [1] In addition to the aforementioned application fee, said application shall also be accompanied by an additional fee for each machine as set forth in the Warwick Township Fee Schedule.
[1]
Editor's Note: The Warwick Township Fee Schedule is on file in the Township office. See also Ch. 81, Fees.
C. 
Each operator or licensee shall, at all times, display the coin-operated amusement device arcade license granted hereunder in a conspicuous place near the entrance to the licensed establishment. A licensed machine shall not be transferred to another premises within the Township without the obtaining of a new license.
D. 
Before any license for a coin-operated amusement device arcade and before any coin-operated amusement device licenses for coin-operated amusement devices to be located within a coin-operated amusement device arcade shall be issued, inspection of the premises shall be made by the Building Official. Before such licenses shall be issued, the Building Official shall determine that the application has conformed to all requirements of this chapter.
E. 
The Township, upon receiving application for licenses for a coin-operated amusement device arcade and coin-operated amusement device, if presented in due form and upon being advised by the Building Official that said premises conform to the requirements hereof, shall grant such coin-operated amusement device arcade license and coin-operated amusement device license to the applicant for a term expiring on the 31st day of December of each year. Each license shall be in such form as the Board may prescribe and shall contain the name, address, place of business, number of machines licensed and the date of expiration of said license and shall be authenticated by the signature of the proper Township official.
F. 
All licenses shall be issued to a specific person, firm or corporation and for a specific location.
No coin-operated amusement device license shall be issued:
A. 
Where the individual operator, managing agent of a corporation or active partner has been convicted of a crime involving a controlled substance, alcohol or minors or a crime involving moral turpitude.
B. 
For any premises, unless there is compliance with the pertinent provisions of all Township ordinances, as far as can be determined.
C. 
For any premises that have living quarters with direct entry to the premises.
D. 
Whenever the Board shall find that the denial of such license is necessary for the protection and conservation of the character and social and economic stability of the surrounding area and/or is necessary for the health, safety and welfare of the residents of the Township.
A. 
No operator of a coin-operated amusement device arcade nor any licensee of a coin-operated amusement device arcade shall open the licensed premises for business between the hours of 1:00 a.m. and 7:30 a.m. (local time).
B. 
There shall be an attendant on duty on the premises at all times that a licensed premises shall be open for business.
Any license issued in accordance with this chapter may be renewed for an additional year on the same terms and subject to the same requirements as provided herein for an original license. Whenever the holder of said license desires to effect a change in the place of doing business, he shall make application for the required licenses for such new place in the same manner as in the first instance. Furthermore, the application for a renewal of the existing license shall be subject to the same application fees as an application for an initial license. No license issued pursuant to this chapter shall be assignable or transferable, nor shall any person or entity, excepting the person or entity to which it was issued, be permitted to do business thereunder, either directly or indirectly.
The Board shall have the right to revoke any license once granted when it appears to its satisfaction that any operator or licensee has violated this chapter, any other Township ordinance or statute of the Commonwealth of Pennsylvania or of the United States involving controlled substances, alcohol, minors or any offense involving moral turpitude. The revocation of any license shall not be made without a hearing. At least 10 days' notice shall first be given to the operator or licensee, setting forth the time and place of hearing and the reasons for such proposed revocation.
Any application for license not acted upon by the Township within 30 days from the date of application shall be deemed to be denied. Any applicant refused the issuance of a license shall have the right to have a hearing before the Board. No hearing shall be scheduled unless requested, in writing, by an applicant refused the license within 10 days of the denial of the license. Upon the request for a hearing, the Township shall give written notice to the applicant of the time and place of the hearing and the reasons for the denial of the license.
The Township Code Enforcement Officer shall administer and/or enforce the provisions of this chapter.
All fees shall be established by resolution of the Board of Supervisors.[1]
[1]
Editor's Note: See Ch. 81, Fees.
Any person, partnership, corporation or entity violating any of the provisions of this chapter shall, upon conviction in a summary proceeding before a District Justice, be sentenced to pay a fine of not more than $300, plus the costs of prosecution. In default of payment of said fine, said person, the members of said partnership or the officers of said corporation or members of said entity shall be sentenced to imprisonment in the Bucks County Prison for a period of not more than 30 days. Each day that a violation continues shall constitute a separate offense. All fines collected for the violation of this chapter shall be paid over to the Township.