[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:
AMUSEMENT GAME(S)
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:
A. 
A jukebox.
B. 
Bowling alleys.
C. 
Merchandise machines (except as outlined above).
D. 
Any game or device maintained within a residence for the sole use of the occupants thereof and their guests.
E. 
Any game or device maintained within a private club.
ESTABLISHMENT
The site where the amusement games are located.
LICENSEE
The owner of the establishment.
MERCHANDISE MACHINE
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:
A. 
Coin-operated washing or drying machines.
B. 
Food or beverage vending machines.
C. 
Machines that provide personal items.
TOWNSHIP
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. 
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) 
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) 
The manufacturer, name, dimensions, serial number and a general description, including a statement of ownership, of the amusement game.
(3) 
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) 
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.
(5) 
Compliance with all requirements of Chapter 27, Zoning.
B. 
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. 
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. 
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. 
The amusement game license shall be displayed in a manner approved by the Township.
[Amended 8-8-2005 by Ord. No. 2578]
A. 
There shall be not less than 30 square feet of usable floor space in the establishment for each amusement game.
B. 
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. 
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. 
The licensee shall maintain adequate supervision of the establishment at all times during which the amusement games are in operation.
C. 
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. 
A license issued pursuant to the provision of this article shall be automatically and immediately terminated by any of the following occurrences:
(1) 
Discontinuance of licensee's business.
(2) 
Removal of permitted amusement games from the establishment.
(3) 
Transfer or sale of the licensee's business to another individual, partnership, corporation or other entity.
B. 
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) 
Any willful misrepresentation made by the licensee or the licensee's agent in applying for the license.
(2) 
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) 
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.
(4) 
The violation of § 13-63 hereof.
(5) 
Adding additional amusement games (and no amusement games are simultaneously removed) without paying an additional fee as required by § 13-52 hereinabove.
[Amended 5-11-1998 by Ord. No. 2100]