No person, firm or corporation shall at any
time have in its or their possession within Chartiers Township, Washington
County, Pennsylvania, any mechanical device, machine or apparatus
whatsoever for the playing of games, for profit, amusement or entertainment,
whether operated by pins, pegs, or balls, by electric batteries, central
lighting system or by any other device, and music boxes, phonographs
or other similar musical device, operated through the insertion therein
of a coin or any metal disc or otherwise without first having procured
a license therefor as hereinafter provided.
Any person, firm or corporation using or operating
or causing to be used or operated any such machine or musical device
shall first make application for a license or licenses to the Township
Zoning Officer on forms provided by the Township, which application
shall set forth the name, residence, present and previous occupation
of the applicant, place where such machine or machines are to be used
or played, number and kind of machines or devices to be operated and
any other information which may be required in said application, and
said application shall be referred to the Township Police for investigation
and thereafter to the supervisors for approval, and after approval
hereof, and if the same be approved, a license shall be issued by
the Township Zoning Officer for each separate machine or mechanical
device for the current license period. A similar application and similar
license shall be required for each license year or fraction thereof.
In the event a machine has to be replaced for a portion of a license
year for each which the license has been paid or in the event there
is a substitution of a similar machine for a period of time during
which the license has been paid, there shall be no additional license
imposed in accordance with the schedule of licensing hereafter set
forth, but there shall be a permit or renewal or transfer fee to be
paid, and said transfer or substitution shall be made pursuant to
application on forms as provided by the Township Zoning Officer. The
permit or renewal or transfer fee shall be in an amount established
by resolution of the Board
of Supervisors.
Upon the payment of the license fee herein provided,
there shall be issued to the licensee a license or tag, appropriately
designating the amusement or device so licensed, setting forth the
number of the license for each machine or device so licensed, which
certificate or tag shall be attached to the respective machine or
device or be displayed in some conspicuous place on the premises.
Nothing in this chapter shall be in any way
construed to authorize, license or permit any gambling device whatsoever
or any mechanism that has been judicially determined to be a gambling
device or in any way contrary to law, nor shall any such device be
used or permitted to be used for gambling purposes.
It shall be the duty of the Zoning Officer to
regulate and supervise the operation of all such devices and to regularly
inspect the premises where the same are being used and to require
full compliance with the law and this chapter so that the same shall
not amount to a nuisance or be used in violation of any law.
In the event that any such machines or devices
are so operated as to constitute a nuisance or in violation of any
of the laws of the commonwealth or ordinances of the Township, then
the license as to all machines and devices operated on the premises
shall be revoked and there shall be no rebate or return of any part
of the license fee.
The license fee for each and every mechanical device set forth in §
103-2 hereof shall be the sum of $100. Each distributor of mechanical devices set forth in §
103-1 hereof and maintaining a distribution point within the Township shall pay an annual license fee of $300 for said distribution point.
Any person who violates or permits a violation
of this chapter shall, upon conviction in a summary proceeding brought
before a Magisterial District Judge under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, plus costs of prosecution. In default
of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this chapter that is violated
shall also constitute a separate offense.