[HISTORY: Adopted by the Borough Council
of the Borough of Taylor 8-12-1981 by Ord. No. 115. Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any amusement machine or device operated by means of the
insertion of a coin, token or similar object, for the purpose of amusement
or skill and for the playing of which a fee is charged. The term does
not include vending machines in which are not incorporated gaming
or amusement features, nor does the term include any coin-operated
mechanical musical devices or pinball machines.
Any person, firm, corporation, partnership, or association
who sets up for operation by another, or leases or distributes for
the purpose of operation by another, any device as herein defined,
whether such setting up for operation, leasing or distributing be
for a fixed charge or rental, or on the basis of a division of the
income derived from such device, or otherwise.
Any person, firm, corporation, partnership, association or
club who, as the owner, lessee, or proprietor, has under his or its
control any establishment, place or premises in or at which such device
is placed or kept for use or play, or on exhibition for the purpose
of use or play.
No person, firm or corporation shall engage
in the business of an operator or proprietor of coin-operated amusement
devices, as the terms are herein defined, without first having obtained
the proper license therefor.
The license fee for the operation of each machine
for the period commencing January 1 of each year or any fractional
part thereof shall be $25 per machine.
[Amended 12-8-1982 by Ord. No. 127; 4-11-1984 by Ord. No.
143]
The license fee for each proprietor as herein
defined shall be $100 per year for each device used or played, or
exhibited for use or play. Insofar as it applies to pool tables or
jukeboxes, the license fees for the operation of said devices shall
be $25. All proprietors’ license fees shall be payable annually
in advance, provided that, where application is made after the expiration
of any portion of any license year, a license may be issued for the
remainder thereof upon payment of a proportionate part of the annual
fee. In no case shall any portion of said license be repaid to the
licensee.
A.
Application for license, nontransferable. Application
for license hereunder shall be filed in writing with the Borough Secretary,
on a form to be provided by the Borough and shall specify:
(1)
The name and address of the applicant, and if a firm,
corporation, partnership or association, the principal officers thereof
and their addresses.
(2)
The address of the premises where the licensed device
or devices are to be operated, together with the character of the
business as carried on at such place.
(3)
The trade name and general description of the device
or devices to be licensed, the name of the manufacturer and the serial
number and, if the applicant is a proprietor, the number of the devices
to be licensed.
(4)
The name and address of the operator of the device
or devices, if other than the proprietor.
B.
The proper license fee shall accompany such application.
Application for license hereunder shall be first referred by the Borough
Secretary to the Director of Community Development who shall make
or cause to be made such investigation as he deems necessary in order
to ascertain the accuracy and completeness of the application. If
the application is approved by the Director of Community Development,
the license shall be issued and fee collected by the Borough Secretary.
If the license is denied the fee shall be returned to the applicant.
All licenses under this chapter shall expire on December 31 of the
year of their issuance. The license shall be posted in a conspicuous
place in the establishment of the licensee. Such license shall be
nonassignable and nontransferable, and in the case of a proprietor
shall apply only to the premises for which such license is issued.
A seal bearing the same number as the license
shall be obtained from the Borough Secretary and securely attached
to the licensed machine. No license or seal shall be transferable
from one machine to another, nor from one location to another location,
without permission of the Borough Secretary.
Any person, copartnership, association, or corporation
violating any of the provisions of this chapter upon summary conviction
before a Magisterial District Judge shall be sentenced to pay a fine
not exceeding $100, and in default of the payment of such fine, it
shall be the duty of the said Magisterial District Judge to commit
every such person, having been convicted as aforesaid, to the County
Jail of Lackawanna County, there to be imprisoned until such fine
shall be paid, not exceeding, however, a period of 30 days.
The provisions of this chapter shall not apply
to homes, churches, welfare organizations, social organizations, patriotic
organizations, educational organizations or charitable organizations.
