[Adopted 10-4-1982 by Ord. No. 6-82]
[Added 4-5-1993 by Ord. No. 1-93; 3-1-2004 by Ord. No. 01-04]
Pursuant to the authority granted by § 1202(30) of the Borough Code, 53 P.S. § 46202(30),[1] the Borough Council of the Borough of Boyertown hereby imposes an amusement device license fee, to be assessed as hereinafter provided.
[1]
Editor's Note: Former 53 P.S. § 46202(30) was deleted by Act 43 of 2012, effective July 16, 2012.
For the purpose and within the meaning of this article, the following definitions shall apply:
AMUSEMENT DEVICE
An electronic or nonelectronic device, other than a jukebox, that is used or designed to be used to provide amusement or entertainment to the user for a fee, whether the device is coin-operated or not. The term "amusement device" shall include but shall not be limited to pinball machines, video display games, billiard tables, simulated sports machines, biorhythm machines, computers and computer games.
[Amended 3-1-2004 by Ord. No. 01-04]
[Amended 3-1-2004 by Ord. No. 01-04]
In addition to all other fees collected by the Borough of Boyertown, a license fee in the amount of $50 per year per device is hereby imposed upon each and every amusement device operated in a public place, either as the main business or as an accessory to the main business.
During all periods of operation of an amusement device, the owner or operator of the business will maintain in each room in which such games are in operation a sufficient amount of supervision. Such supervision shall, at a minimum, include one adult per room.
The owner of any amusement device shall take all steps necessary to assure that any disturbances, e.g., noise or crowds, to neighboring property owners will be minimized.
A. 
On and after the effective date of this article, no person shall own or operate any herein defined amusement device within the corporate limits of the Borough of Boyertown without first having obtained a license therefor upon the payment of the license fee and in compliance with all other provisions of this article.
B. 
All licenses for which an annual license fee is prescribed in § 174-27 hereof shall be issued and valid from the first day of November in the year in which it is issued until the first day of November in the succeeding year.
The Borough Manager or Chief of Police shall have full power and authority to prohibit the operation of any amusement device in any case where the conduct or operation thereof is in violation of any section of this article.
[Amended 4-5-1993 by Ord. No. 1-93]
Any person who shall as owner or operator engage in the operation of an amusement device in violation of any section of this article shall pay a fine of not less than $50 nor more than $600 for each day's operation thereof and, if necessary, in addition thereto shall pay the applicable license fee to be collected by summary proceedings before the District Justice for the Boyertown area, together with costs, as other fees and penalties are now or hereafter by law collectible and, in default of payment thereof, shall undergo imprisonment in the Berks County Prison for a period not exceeding 30 days for each offense. Each day of operation in violation of this article shall constitute a separate offense.