As used in this chapter, the following terms
shall have the meanings indicated:
AMUSEMENT OR ENTERTAINMENT MACHINE OR DEVICE
Any machine or device which may be operated by the public
for use as a game, entertainment or amusement, and shall include devices
such as marble machines, skill ball, pinball, mechanical grab machines,
the machines or contrivances commonly known as bagatelle, baseball,
hockey, football, target shooting, shuffle board or shuffle alley,
bowling or any similar named device, video games or any device which
utilizes an electron (TV) tube to reproduce symbolic figures and lines
intended to be representative of real games or activities; it shall
also include, without limitation, any machine or device commonly called
a "kiddie ride." Excluded from the license requirement is any device
which provides an electronic reading or weight for use by and to the
amusement of the public.
MACHINE JUKEBOX
Any music vending machine, contrivance or device which, upon
the insertion of a coin, slug, token, plate, disc or key into any
slot, crevice or other opening, or by the payment of any price, operates
or may be operated by the public generally for the emission of music,
songs or similar amusement.
OPERATOR
Any natural person, partnership, firm, association, corporation
or any other business entity which owns or controls premises or a
location with the Borough of Wharton in which any machine, jukebox
or amusement or entertainment machine or device is displayed for public
patronage or is placed or kept for operation by the public.
OWNER-OPERATOR
Any natural person, partnership, firm, association, corporation
or any business entity which owns or controls premises or a location
within the Borough of Wharton in which any machine, jukebox or amusement
or entertainment machine or device which is owned by said natural
person, partnership, firm, association or corporation, or any other
business entity, is displayed for public patronage or is placed or
kept for operation by the public.
PERSON
Any natural person, partnership, firm, association, corporation
or other business entity.
No licensee, nor any agent, servant or employee
of a licensee, shall allow or permit or cause to be allowed or permitted
the use of any licensed amusement, video, electronic, electrical,
mechanical pinball machine or other amusement games or similar devices,
as defined in this chapter, operated for a consideration other than
at prevailing time, as follows: Monday through Sunday from 7:00 a.m.
until 2:00 a.m. the following day unless otherwise regulated by law.
Any license may be suspended or revoked by the
Administrator of the Borough for violation of any of the terms of
this chapter or for any other just and good cause, provided that the
licensee is served with notice of charges and given an opportunity
to be heard. Revocation shall be stayed until a hearing is held by
the Mayor and Council. Said hearing is to take place within 30 days
of the receipt of the decision of the Administrator. The hearing shall
be a trial de novo and based upon the record before the Administrator.
The Mayor and Council may affirm, reverse or modify the decision of
the Administrator. In the event that the Mayor and Council do not
hear the matter within 30 days of the receipt of the decision of the
Administrator, then that shall be construed as an affirmation of the
Administrator's decision.
In addition to the revocation of the license, any person or business found guilty of a violation of this chapter shall be punishable as provided in Chapter
1, General Provisions, Article
I, General Penalty.