[Adopted 10-13-1997 by Ord. No. 2048]
The following words when used in this article
shall have the meaning ascribed to them in this section except where
the context clearly indicates or requires a different meaning:
Any automatic, mechanical, electric or electronic machine
or device used or designed to be operated for entertainment or amusement,
when such device is activated by the insertion of a coin, token, money
or other article or by the payment of money to have it activated.
The term "amusement game" shall also include, but shall not be limited
to, coin or token operated rides, skee ball or similar games as well
as merchandise machines which involve the successful completion of
a skill or a change in winning (i.e., "claw" machines). This definition
shall not include the following:
The site where the amusement games are located.
The owner of the establishment.
Any automatic, mechanical, electric or electronic machine
or device used or designed to be operated to provide food and/or services
to the user and not to provide entertainment or amusement. The term
merchandise machine includes, but are not limited to:
The Township of Whitehall.
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 game in or upon any establishment without
first obtaining a license therefor. All licenses so issued shall be
issued to the establishment owner, not the operator or vendor of the
machine(s).
A.Â
Application for any amusement game license shall be
made to the Township Treasurer, or the Treasurer's authorized representative,
on forms to be prescribed by the Treasurer which shall set forth,
among other information deemed to be required and prescribed by the
Treasurer, the following:
(1)Â
If an individual, the name, residence and business
address of the applicant; if a partnership, association or other entity,
the name, residence and business address of entity; and, if a corporation,
the address of its registered office and principal place of business
and the names, residences and business address of each of its officers
and directors.
(2)Â
The manufacturer, name, dimensions, serial number
and a general description, including a statement of ownership, of
the amusement game.
(3)Â
The address of the establishment and location where
the amusement game is to be placed, possessed, kept, maintained, exhibited,
used or operated within the establishment.
(4)Â
Authorization for duly authorized Township personnel
to inspect the building premises, store or other public or quasi-public
place for which the application is sought.
B.Â
An annual listing of all licenses shall be transmitted
to the Chief of Police, Zoning Officer, Fire Chief and others as the
Mayor deems appropriate in order to verify the accuracy of the information
submitted on the application and compliance with all local ordinances,
state and federal laws.
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
A.Â
Upon approval of an application, and payment of the
proper fee, the Township Treasurer shall issue a license to the applicant
for the location and placement of amusement games in, on, at or upon
the establishment.
[Amended 5-11-1998 by Ord. No. 2100]
B.Â
The fee for each license shall be established, from
time to time, by resolution of the Board of Commissioners, per amusement
game in the establishment. In the event that additional amusement
games are added to the establishment (and no amusement game is simultaneously
removed), then, in such event, the licensee shall advise the Township
of the placement of such additional amusement games and shall pay
an addition fee as shall be established, from time to time, by resolution
of the Board of Commissioners, per amusement game. Upon payment of
the additional fee, the Township shall reissue the license and indicate
the new total number of amusement games licensed for the establishment.
Said license, or reissued license, shall be issued for the fiscal
year commencing July 1 and expiring June 30. Said license, or reissued
license, shall be renewed annually on or before June 30 by the filing
of a written renewal application, accompanied by the license fee for
renewal. The renewal fee shall be based upon a fee established, from
time to time, by resolution of the Board of Commissioners, per machine
located or used at the establishment. The fee for any license issued,
or reissued (because of amusement games added at an establishment),
after December 1 (for the fiscal year ending June 30 of the immediately
succeeding year) shall be 1/2 of the annual fee.
[Amended 8-8-2005 by Ord. No. 2578]
C.Â
The amusement game license shall be displayed in a
manner approved by the Township.
[Amended 8-8-2005 by Ord. No. 2578]
A.Â
There shall be not less than 30 square feet of usable
floor space in the establishment for each amusement game.
B.Â
The licensee may locate the amusement games within
the establishment as the licensee wishes, subject to the approval
of the Township in insure safe and adequate ingress and egress.
A.Â
The licensee shall comply with all provisions of law,
ordinance, rule or regulation applicable thereto and relating to the
conduct of business in connection with which the amusement game is
used and the uses and maintenance of the establishment.
B.Â
The licensee shall maintain adequate supervision of
the establishment at all times during which the amusement games are
in operation.
C.Â
The licensee shall maintain a minimum light level
of not less than 10 footcandles at the location of the amusement games
within the establishment.
A.Â
A license issued pursuant to the provision of this
article shall be automatically and immediately terminated by any of
the following occurrences:
B.Â
All licenses issued pursuant to the provisions of
this article are subject to suspension or revocation by the Township
upon any of the following conditions:
(1)Â
Any willful misrepresentation made by the licensee
or the licensee's agent in applying for the license.
(2)Â
Conviction of the licensee for any felony or misdemeanor
involving force, violence, moral turpitude or involving any violation
of this article or other provision of the Township's Code of Ordinances
or other state or federal laws pertaining to business operation.
(3)Â
The existence of a nuisance to the general public,
to persons residing in the vicinity resulting from loitering by persons
on or near the establishment caused by the said amusement games or
person operating the said amusement games.
