[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.
