[HISTORY: Adopted by the Borough Council
of the Borough of New Hope 4-26-1982 by Ord. No. 233 (Ch. 13, Part 4 of the
1990 Code). Amendments noted where applicable.]
[Adopted 4-26-1982 by Ord. No. 233 (Ch.
13, Part 4 of the 1990 Code)]
This article shall be known and may be cited
as the "Borough of New Hope Pinball Arcade and Pinball Machine Ordinance."
As used in this article, the following terms
shall have the meanings indicated:
Proprietor, lessee, manager, or employee of any pinball arcade
or business.
Any place of business or establishment or any structure containing
four or more pinball machines.
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. This definition shall not include jukeboxes,
telephone devices, or machines that sell merchandise.
A building, or a part of a building where pinball machines
are located, under the ownership or control of the operator.
[Amended 8-13-1990 by Ord. No. 1990-2]
A.
No pinball machine 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 open to the public unless the proprietor of the
premises shall have first obtained a license for that purpose from
the Secretary of the Borough.
B.
As of the effective date of this article, the Secretary of the Borough 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 and an additional machine shall be allowed for each additional 200 square feet of floor area. For 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. Additionally, said machine(s) shall be permitted on the premises only in conformance with the provisions of the New Hope Zoning Chapter.[1]
C.
The requirements set forth in Subsection B hereof shall not be applicable to machine(s) which are used in educational facilities.
D.
Any licensee pursuant to Subsection A hereinabove who would not be in conformance with the provisions as set forth in Subsection B hereof as of the effective date of this article shall be permitted to continue said nonconformance beyond the effective date of this article, 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 pinball machine as required herein.
E.
Every person, firm, or corporation desiring to obtain a pinball machine license as required by Subsection A hereof shall file a written application to the Secretary of the Borough of New Hope on forms provided by the Borough, together with an application fee as established from time to time by the Borough Council for each pinball machine payable to the Borough of New Hope. The form of application shall be such as is approved by the Borough Council of the Borough of New Hope by resolution. A separate license shall be required for each pinball machine, and the license shall be prominently displayed on the machine for which it is issued. Prior to any new machines being installed on the premises, a new license shall be procured for that machine. Licenses may be transferred from one machine to another; however, a machine shall not be moved to another premises without a license having first been acquired.
F.
Before any pinball machine license shall be issued,
an inspection of the premises shall be made by the Building Inspector,
who shall determine that all the requirements of this article have
been met.
G.
The Borough Secretary, upon receiving such an application,
if presented in due form and upon being advised by the Building Inspector
that said premises conforms to the requirements hereof, shall grant
such pinball machine license to the applicant for a term expiring
on the 31st day of December of each year. All such licenses shall
be in such form as the Borough Council may prescribe by resolution
and shall contain the name, address of business, and the date of expiration
of said license, and shall be authenticated by the signature of the
Borough Secretary. All licenses shall be issued to a specific person,
firm, or corporation and for a specific location. Furthermore, said
license shall identify the pinball machine for which it is issued.
H.
The provisions of this section of this article and
each part thereof are intended to apply only to places of business
or establishments or structures having fewer than four pinball machines
and do not apply to pinball arcades as that term is defined in this
article.
[Amended 8-13-1990 by Ord. No. 1990-2]
No pinball arcade shall be established, maintained,
or conducted in the Borough of New Hope by any person, firm, or corporation
without first obtaining a license to operate such a place from the
Secretary of the Borough of New Hope and no operator, as defined herein,
shall allow or permit the use of four or more pinball machines unless
a pinball arcade license for such use shall have been obtained from
the Secretary of the Borough of New Hope.
A.
Every person, firm, corporation desiring to obtain
a license for a pinball arcade as required by this article shall file
a written application to the Secretary of the Borough of New Hope
on forms approved by the Borough Council of the Borough of New Hope
by resolution, together with an application fee as established from
time to time by the Borough Council or such other fee as may hereafter
be required by resolution of Borough Council.[1] In addition to the aforementioned application fee, said
application shall also be accompanied by a fee as established from
time to time by the Borough Council for each pinball machine to be
situate on the said premises.
B.
Each operator or licensee shall, at all times, display
the pinball arcade license granted hereunder in a conspicuous place
near the entrance to the licensed establishment. Furthermore, each
licensed machine shall have a license for that machine attached thereto.
C.
Licenses may be transferred from one machine to another,
however, a machine shall not be transferred to another premises without
the obtaining of a license.
D.
Before any license for a pinball arcade and before
any pinball machine licenses for pinball machines to be located within
a pinball arcade shall be issued, inspection of the premises shall
be made by the Building Inspector. Before such licenses shall be issued,
the Building Inspector shall determine that the applicant has conformed
to all requirements of this article.
E.
The Borough Secretary, upon receiving application
for licenses for a pinball arcade and pinball machines, if presented
in due form, and upon being advised by the Building Inspector that
the said premises conform to the requirements hereof, shall grant
such pinball machine license and pinball arcade license to the applicant
for a term expiring on the 31st of December of each year. All such
licenses shall be in such form as the Borough Council may prescribe
by resolution and shall contain the name, address, place of business,
and the date of expiration of said license, and shall be authenticated
by the signature of the Borough Secretary.
F.
All licenses shall be issued to a specific person,
firm or corporation and for a specific location.
G.
In the event additional machines are added to the
arcade after the initial application is filed, then in that event,
an additional application fee as established from time to time by
the Borough Council shall be filed for the additional machines together
with a fee as established from time to time by the Borough Council.
No pinball arcade licenses shall be issued:
A.
Where the individual operator, managing agent of a
corporation, or partner has been convicted of a crime involving a
controlled substance, alcohol, or minors.
B.
For any premises, unless the Building Code, Fire Code,
and other pertinent provisions of all Borough ordinances, as far as
can be determined, are being complied with.
C.
For any premises that have living quarters with direct
entry to the premises.
D.
Whenever the Council 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 is necessary for the health, safety and welfare of the residents
of New Hope Borough.
A.
No operator of a pinball arcade or no licensee for
a pinball arcade shall:
(1)
Open the licensed premises for business between the
hours of 1:00 a.m. and 7:30 a.m. (local time).
(2)
Permit any persons under the age of 16 years who are
students in the New Hope-Solebury School District to be on the premises
during the hours of 7:30 a.m. through 3:00 p.m. (local time) on such
days as any school within the school district where the premises is
located is open for school attendance.
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 article
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 affect 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 an existing license
shall be subject to the same application fees as an application for
an initial license. No license issued pursuant to this article shall
be assignable or transferable nor shall any person nor entity excepting
the person or entity to which it was issued be permitted to do business
thereunder either directly or indirectly.
A.
The Borough Council shall have the right to revoke
any license once granted when it appears to its satisfaction that
any operator or licensee has violated this article, any ordinance
of the Borough of New Hope or statute of the Commonwealth of Pennsylvania
or of the United States involving controlled substances, alcohol,
or minors.
B.
The revocation of any license shall not be made without
a hearing. Notice shall first be given to the operator or licensee
setting forth the time and place of hearing and the reasons for such
revocation upon receipt of a written request for a hearing from such
operator or licensee. All requests for hearings shall be made within
30 days of the date of revocation of a license.
Any application for license not acted upon by
the Borough Secretary 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 Borough
Council. No hearing shall be scheduled unless requested in writing
by an applicant refused the license within 30 days of the denial of
the license. Upon the request for a hearing, the Secretary of the
Borough of New Hope shall give written notice to the applicant of
the time and place of the hearing and the reasons for the denial of
the license.
All licenses shall be issued for the calendar
year. All fees as set forth in this article or as changed by resolution
shall be effective and in force regardless of whether the licenses
are in effect for the whole calendar year or only a portion thereof.
Application and license fees shall not be prorated for portions of
the calendar year.
All fees set forth herein may be changed from
time to time by the Borough Council by resolution.[1]
[Amended 8-13-1990 by Ord. No. 1990-2]
Any person, partnership, corporation or entity
who or which shall violate any of the provisions of this article,
shall, upon conviction thereof, be sentenced to pay a fine of not
more than $600 and costs, or in default of payment thereof, shall
be subject to imprisonment for a term not to exceed 30 days. Each
day that a violation of this article continues shall constitute a
separate offense. All fines collected for the violation of this article
shall be paid over to the Borough of New Hope.
