[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), the Borough Council of the Borough of Boyertown hereby
imposes an amusement device license fee, to be assessed as hereinafter
provided.
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.
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.