[HISTORY: Adopted by the Board of Commissioners
of the Township of Tinicum 12-14-1998 by Ord. No. 718. Amendments noted where
applicable.]
It is the legislative intent and findings of
the Township of Tinicum Board of Commissioners that the use, placement
and ownership of amusement devices must be adequately regulated so
as to prevent public disorder, nuisance, loitering and other acts
detrimental to the public health, safety and welfare, as well as to
ensure safe and proper location of such devices in order to promote
firesafety and prevent overcrowding and other detrimental effects;
and to further these goals, as well as the orderly development of
land use, and in order to encourage stability of commercial development
and preserve the character of all districts.
As used in this chapter, the following terms
shall have the meanings indicated:
The Code Enforcement Officer of the Township of Tinicum or
his designate.
Any machine, contrivance, equipment, electronic game, video
game or device which, upon the insertion of paper or coin of United
States currency, slug, token, plate, disc or key into any slot, crevice
or other opening or by the payment of any price or charge may be operated
or used as a game, entertainment or amusement, whether or not registering
a score, and whether or not a prize is offered. It shall include,
but not be limited to, such devices as video games, mechanical, electronic
or computer games, mechanical or electronic bowling machines, electronic
or computer video games and all games, operations or transactions
similar thereto under whatever name they may be designated or described.
It shall not include devices or machines whose sole purpose is to
dispense merchandise such as candy, cigarettes, or food products,
nor include jukeboxes, pool tables or mechanical pinball machines.
Any person, firm, partnership, corporation or association
displaying or maintaining for use and operation any mechanical or
electronic amusement device, as defined in this chapter, or otherwise
permitting the use or operation of such devices for a fee or charge.
Every natural person, copartnership, association or corporation,
and whenever used in any clause prescribing or imposing a penalty,
the term, as applied to copartnership or associations, shall mean
the partners or members thereof and as to corporations, shall mean
the corporation and the officers thereof.
Any place authorized as such by the Township of Tinicum Code
Enforcement Officer or by the Zoning Hearing Board.
It shall be unlawful for any operator to display
or keep or maintain for use and operation or otherwise permit the
use and operation of any mechanical or electronic amusement device
as defined in this chapter without first having registered with and
obtained a license from the CEO as prescribed herein.
A.
Any person(s) desiring to procure a license for a
mechanical or electronic amusement device, computer or video game
shall apply therefor in writing to the CEO. Such application shall
set forth the full name and address and telephone number of the applicant,
the address at which such device(s) is to be located, together with:
(1)
A plan of the premises showing the location or locations
where the mechanical or electronic amusement device, computer or video
game, or similar machine or device is to be displayed or maintained
and indicating same as a supervised area. No loitering to be permitted
on the premises.
(2)
Said plan must show all doorways and aisle widths
of three feet.
(3)
No device shall be placed within 10 feet of any doorway.
(4)
The type, manufacturer and serial number of each mechanical
or electronic device as defined in this chapter.
(5)
Such information shall be furnished over the signature
of the applicant and shall be made under oath or affirmation.
(6)
No license shall be granted until a period of 10 days
shall have elapsed from the date of application, during which time
the CEO shall investigate the facts set forth in the application.
(7)
No license shall be granted if the applicant is in
violation of building, plumbing, health, firesafety, zoning, life
safety codes or any ordinance of the Township of Tinicum for the premises
which are the subject of the application.
B.
Upon approval of the application, the CEO shall issue
a license for each location where a mechanical or electronic amusement
device, as defined in this chapter, is to be displayed or maintained
and shall issue a seal to be affixed to each mechanical or electronic
device registered and licensed under this chapter.
A.
Registration and license fees shall be paid by the
operator to the CEO at the time that application is filed. Such fees
shall be as follows:
(1)
For each mechanical or electronic amusement device,
computer or video game, $100 per year or fraction of year thereof;
the Township Commissioners may from time to time increase or modify
the registration and licensing fees by resolution.
B.
No deductions or refund of any fee shall be granted
in case of a fee payable for less than a full calendar year or in
the case of any device destroyed, stolen, sold or otherwise disposed
of or transferred after payment of the fee. In the event of the transfer
of the registration to a new operator or person of any device, there
shall be a transfer fee of $25 for that device.
C.
In the case of the loss, defacement or destruction
of any original license or seal, the person to whom such certificate
or seal was issued shall apply to the CEO, who will then issue a new
seal or license upon payment of a fee of $5.
A.
A copy of the license must be visibly posted upon
the premises where any mechanical or electronic amusement device,
as defined in this chapter, is displayed or maintained for use and
operation, and the seal which will be provided shall be affixed to
the mechanical or electronic amusement device, computer or video game
for which issued in accordance with the directions of the CEO.
B.
Any premises upon which the mechanical or electronic
amusement device, as defined in this chapter, is displayed or maintained
shall be open to examination and inspection by duly authorized agents
of the CEO and/or the Township of Tinicum Police Department during
all hours that such premises are open to use by the public.
C.
No mechanical or electronic device, as defined in
this chapter, shall be used for gambling or other illegal purposes.
D.
Any premises or places of business primarily or substantially devoted to the operation, display or maintenance of mechanical or electronic amusement devices, as defined in this chapter, shall be subject to the provisions of Chapter 395, Zoning, relating to the place of amusement. For the purposes of this chapter, any premises where more than a total of four mechanical, electronic or amusement devices are operated, displayed or maintained shall be considered as being substantially devoted to the display or maintenance of mechanical or electronic amusement devices.
E.
Any operator granted a license shall not permit the
operation of any device by a person under the age of 18 years of age
during the regular class hours of any day in which public school is
in session.
F.
After the Township of Tinicum Police Department has
responded to two complaints pertaining to disturbances related to
the operation of such devices at any licensed premises, the Board
of Commissioners will have the right to review the complaints and,
if decided the complaints were legitimate, they will have the right
to suspend licensure and enforce the removal of all devices from the
licensed premises.
The licenses issued under this chapter expire
on December 31 of each year. Applications for renewal, accompanied
by the required annual fee, shall be submitted in the month of December
and shall consist of a signed verification of the original application
contents so long as there have been no changes thereto.
Licenses shall apply only to the operator and location to which issued, and any transfer shall require an amendment of the original application, approval by the CEO and payment of the fee specified in § 74-5B above. A new seal shall be issued for a replacement for mechanical or electronic amusement device, as defined in this chapter, previously registered under this chapter only upon amendment of the original application, approval by the CEO and payment of the fee specified in § 74-5B.
A.
The registration and license fees shall not apply
or be imposed when the proceeds inure:
(1)
Exclusively to the benefit of religious, educational,
civic and charitable institutions, societies or organizations or volunteer
fire company, provided that no part of the net earnings of the institutions,
societies or organizations inure to the benefit of any private shareholder
or person.
(2)
Exclusively to the benefit of organizations or persons
in the military or naval forces of the United States or of national
guard organizations, reserve officers' association or organization,
posts or organizations of war veterans or auxiliary units or societies
of such posts or organizations organized in the Commonwealth of Pennsylvania
and if no part of their net earnings inure to the benefit of any private
shareholder or person.
B.
In no event shall exemption be allowed under this
section unless the operator thereof shall comply with the provisions
of this chapter and the rules and regulations of the Township with
respect to the application for and approval of exemptions.
Any person, firm, or corporation violating any
provision of this chapter shall, upon summary conviction before any
Magisterial District Judge, be subject to a fine of not more than
$600, plus costs of prosecution, and, in default of payment of such
fine and costs, imprisonment in the county jail for a period not exceeding
30 days. Each and every day in which any person shall be in violation
of this chapter shall constitute a separate offense. It is expressly
understood that the permits issued for the operation of said machines
or devices shall be for amusement purposes only. Any indication of
gambling, i.e., the awarding of cash or premiums, shall constitute
a breach of the chapter and licensee shall be liable to prosecution
under this chapter.
