[HISTORY: Adopted by the Borough Council of the Borough of Derry 12-3-1979 by Ord. No. 529 (Ch. XIV, Part 5, of the 1975 Code of Ordinances). Amendments noted where applicable.]
No person, individual, firm, partnership, corporation, or other entity shall operate any premises wherein are located any machine, mechanical device, electronic device or electromechanical device used for chance, skill or amusement, for the playing of games for the use as a game, entertainment or amusement, including, but not limited to, such devices as marble machines, photoelectric shooting target machines, electronic video games, air hockey games, football games, baseball games, musical devices, commonly known as jukeboxes, or any game, operation, device or transaction similar thereto under whatever name, without first obtaining a license for each such premises and machine or device, from the Borough of Derry.
Applications for licenses shall be made upon forms to be supplied by the Borough for that purpose. Applications shall contain the following information:
A. 
For licenses to operate any premises or place wherein are located any amusement device as defined above, the following:
(1) 
The name and address of the applicant.
(2) 
The type of legal entity of the applicant, whether an individual, partnership or corporation, or other type of legal entity.
(3) 
The age, date of birth and citizenship of the applicant and any resident natural agent of the applicant.
(4) 
If the applicant is a partnership, the names, addresses and citizenship of all persons having an interest in the business.
(5) 
If the applicant is a corporation, the names, addresses and citizenships of all officers.
(6) 
Any prior convictions of the applicant, any partners, officers or resident natural agent of the same for violation of any local, state or federal law.
(7) 
The proposed location and nature of the business to be located within the Borough.
(8) 
A list of each amusement device to be located on the premises, including the serial or manufacturer's number of the same.
B. 
For licenses for each amusement device as provided above, the following:
(1) 
The name and address of the applicant.
(2) 
The location within the Borough of such amusement device.
(3) 
The name and address of the owner of the amusement device.
(4) 
The name or identifying title of such amusement device.
(5) 
The manufacturer's serial number or identification number for such device.
A. 
Upon receipt of an application as herein provided, accompanied by the appropriate license fee as herein provided, the Borough Secretary shall refer such application to the Chief of Police and the Borough's Ordinance Officer for a full investigation as to the truth of the statements contained therein and as to any or all other matters as may aid the Borough in determining whether or not such application should be granted.
B. 
The Borough Council, upon receipt of a written report from the Chief of Police and the Borough Ordinance Officer, shall determine whether or not a license shall be issued, considering, among other things, the effect of the amusement and place of amusement upon the peace, welfare and good order of the Borough and its inhabitants.
C. 
In reviewing applications for licenses, the Borough Council may approve or disapprove a particular location or each particular amusement device and may also approve or disapprove or otherwise regulate any lighting system or other parts of any amusement device emitting light or sound used at any particular place of amusement.
D. 
If the Council imposes conditions upon the issuance of any license, the violation of such conditions shall constitute a violation of this chapter and shall subject the applicant, upon conviction, to the penalties provided herein.
A. 
The annual fee for licenses required for places wherein are located any amusement devices as defined herein shall be the sum of $50 per year.
B. 
The annual fee for licenses required for any amusement device defined herein shall be the sum of $50 per year, except that the annual fee for licenses for any musical device, commonly known as jukeboxes, shall be the sum of $25 per year.
All licenses granted under this chapter shall be publicly displayed and exhibited at all times by affixing the same in a conspicuous manner as to be easily seen and read by all parties who visit the premises wherein amusement devices are kept and operated.
All licenses for places of amusement and amusement devices as covered by this chapter shall be granted on a calendar-year basis, and all such licenses shall expire on December 31 of each and every calendar year at 12:00 midnight, local time.
A. 
Licensees holding a license issued by the Pennsylvania Liquor Control Board:
(1) 
No licensee shall permit persons under 18 years of age to play or operate any amusement device covered by this chapter unless accompanied by a parent or guardian.
(2) 
Persons under 18 years of age shall not be permitted to frequent or remain in the immediate area of any amusement device covered by this chapter unless accompanied by a parent or guardian.
B. 
Licensees not holding a license issued by the Pennsylvania Liquor Control Board:
(1) 
No licensee shall permit persons under 10 years of age to play or operate any amusement device covered by this chapter unless accompanied by a parent or guardian.
(2) 
Persons under 10 years of age shall not be permitted to frequent or remain in the immediate area of any amusement device covered by this chapter unless accompanied by a parent or guardian.
(3) 
The licensee shall not permit alcoholic beverages or controlled substances to be present or consumed on the licensed premises.
C. 
No licensee holding a license for the operation of a jukebox or similar device, as defined in this chapter, shall permit the playing of such jukeboxes between the hours of 2:00 a.m. and 9:00 a.m., local time.
Any violation of this chapter shall be a summary offense and shall be subject to a fine of not more than $1,000, plus costs of prosecution, and, default of payment of such fine and costs, by imprisonment for not more than 30 days. Each day any violation of this chapter continues shall constitute a single and separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).