[HISTORY: Adopted by the Board of Commissioners of the Township
of Springfield 10-13-1982 by Ord. No. 713.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 114.
[1]
Editor's Note: This ordinance also provided that it shall
become effective 1-1-1983.
The provisions of this chapter are designed to promote and protect
the health, safety, morals and general welfare of the residents of
the Township of Springfield by regulating the installation and operation
of amusement devices within the township.
For the purpose of this chapter, the following terms shall have
the meanings indicated:
Any automatic, mechanical, electric or electronic machine
or device, used or designed to be operated as a game, or for entertainment
or amusement, by the insertion of a coin, token, key, money or other
article or by the payment of money to have it activated. This definition
shall not include the following devices:
No person, firm, association, corporation or other entity shall
place, possess, keep, maintain, exhibit, use or operate, or permit
to be placed, possessed, kept, maintained, exhibited, used or operated,
any amusement device in or upon any building, premises, stores or
other public or quasi-public place, in their possession or under their
control within the Township of Springfield, without first obtaining
a license therefor.
A.
Application
for an amusement device license shall be made to the Township Manager,
or his authorized representative, on forms to be prescribed by him
which shall set forth, among other information deemed to be required
and prescribed by the Manager, the following:
(1)
The name and address of the applicant, if individuals, or if a partnership,
association or other entity, the names, residences and occupations
of each member of the partnership, association or other entity and
if a corporation, the address of its registered office and principal
place of business and the names and addresses of its officers and
directors.
(2)
Any prior criminal record of the applicant or of anyone associated
with the applicant as a partner, associate, agent or employee or as
an officer or director of a corporation.
(3)
The manufacturer, name, dimensions, serial number and a general description,
including a statement of ownership, of the amusement device.
(4)
The address of the place where the amusement device is to be placed,
possessed, kept, maintained, exhibited, used or operated.
(5)
A floor plan of the building, premises, store or other public or
quasi-public place shall be provided showing the proposed placement
of the amusement device on the applicant's premises, in form
and detail designated by the Manager.
(6)
Authorization for the Code Enforcement Officer or other duly authorized
township official to inspect the building, premises, store or other
public or quasi-public place for which the application is sought.
(7)
Compliance with all township zoning requirements.
B.
Upon
receipt of a properly completed and filed application, the Township
Manager shall transmit same to the appropriate township officials,
including but not limited to the Chief of Police, the Building and
Zoning Officer and the Fire Marshal, as the Manager deems appropriate,
in order to verify the accuracy of the information submitted on the
application, compliance with all local ordinances, state and federal
laws and suitability of the applicant and the premises for an amusement
device license.
C.
Any
applicant whose application for an amusement device license has been
denied by the Township Manager shall have the right to have the denial
reviewed by the Board of Commissioners upon filing a written notice
of appeal within 30 days after notice of denial.
A.
Upon
approval of an application and payment of the proper fee, the Township
Manager shall issue a license to the applicant for the location and
placement of an amusement device.
B.
The
fee for each license shall be $100 per amusement device upon the applicant's
premises. Said license shall be issued for the calendar year commencing
January 1 and expiring December 31. Said license shall be renewed
annually on or before December 31 by the filing of a written renewal
application, accompanied by the license fee for each renewal. The
license fee for any license issued in any calendar year after July
1 shall be 1/2 of the annual license fee.
C.
The
fee fixed herein may be modified from time to time by resolution of
the Board of Commissioners.
D.
The
license shall be displayed in a manner approved by the Township Manager.
The license may be transferred to another qualified owner by
the license holder within the calendar year of issuance upon obtaining
a transfer license from the township and paying the sum of $10 therefor.
A.
There
shall be not less than 30 square feet of usable floor space on the
premises for each amusement device.
B.
The
holder of the license may locate the amusement devices on the premises
as he elects, subject to the approval of the Code Enforcement Officer
to ensure safe and adequate ingress and egress.
B.
Where
an amusement device or devices have or will be installed and operated
as an accessory use within the meaning of the Zoning Code of Springfield
Township, such accessory uses shall be limited to no more than three
amusement devices. Four or more amusement devices shall constitute
an indoor recreational facility or place of amusement, within the
meaning of the Zoning Code of Springfield Township.
A.
The
owner, occupant, tenant or operator of any premises where amusement
devices are located within the Township of Springfield shall comply
with all provisions of law, ordinance, rule or regulation applicable
thereto and relating to the conduct of the business in connection
with which the device is used and the use and maintenance of the premises
where it is located.
B.
The
owner, occupant, tenant or operator of any premises where amusement
devices are located shall maintain good order on the premises at all
times. The lack of good order on the premises shall include but shall
not be limited to the following:
C.
The
owner, occupant, tenant or operator of any premises where amusement
devices are located shall maintain adequate supervision of the premises
at all times when the devices are in operation. No amusement device
shall be available for use or operation, unless it is under the control
of and supervision by one or more persons over the age of 18 years
who shall ensure that it is operated in compliance with this chapter.
A.
Any license issued pursuant to the provisions of this chapter shall
terminate upon any of the following occurrences:
B.
All licenses issued pursuant to the provisions of this chapter are
subject to suspension or revocation by the Township Manager upon any
of the following conditions:
(1)
Willful misrepresentation made by the license holder or his agent
in applying for the license.
(2)
Conviction of the license holder for any felony or misdemeanor involving
force, violence, moral turpitude or involving any violation of this
chapter.
(3)
The existence of a nuisance to the general public, or to persons
residing in the vicinity or businesses located in the vicinity resulting
from loitering by persons on the premises in which the license holder's
amusement devices are located or any excessive noise caused by the
amusement devices or persons playing the amusement devices.
(4)
The violation of that section of this chapter which regulates the
operation of amusement devices.
C.
Prior to any action suspending or revoking any license, the Township
Manager shall give the license holder written notice of his intention
to suspend or revoke the license and the reasons therefor, affording
an opportunity to the license holder to correct or remedy any deficiencies
or violations forming the basis for the proposed suspension or revocation.
D.
Any person, firm, corporation or other entity aggrieved by the suspension
or revocation of any license pursuant to the provisions of this chapter
may, within 30 days receipt of notice of suspension or revocation,
appeal to the Board of Commissioners from the action of the Township
Manager in suspending or revoking the license; provided, however,
that such suspension or revocation shall continue in effect and shall
not be stayed pending the disposition of the appeal.
[Amended 7-13-1988 by Ord. No. 756]
Any person, firm, association, corporation or other entity who
shall violate any of the provisions of this chapter shall, upon conviction,
be sentenced to pay a fine of not less than $50 nor more than $1,000
and costs of prosecution for each violation or, in default of payment
of such fine and costs, to undergo imprisonment for not more than
30 days for each violation.