[Ord. 8-1979, 9/12/1979, § 1]
As used in this Part, the following terms shall have the meanings
indicated:
Each machine which, upon the insertion of a coin, trade token
or slug, operates or may be operated as a game or contest of skill
or amusement of any kind of description, and which contains no automatic
payoff device for the return of money or trade tokens or slugs or
which makes no provisions whatever for the return of money to the
player after the amusement device has been operated. A mechanical
amusement device is hereby further defined as any machine, apparatus
or contrivance which is used or which may be used as a game of skill
and amusement wherein and whereby the player initiates, employs or
directs any force generated by the machine.
Any person, firm, corporation, partnership, association or
club who, as the owner, lessee or proprietor, has under his or its
control any establishment, place or premises in or at which five or
more such amusement devices are placed or kept for use or play, or
on exhibition for the purpose of use or play.
[Ord. 8-1979, 9/12/1979, § 2]
No person, firm or corporation shall engage in the business
of proprietor of any establishment, place or premises in or at which
five or more such amusement devices are kept or placed for use or
play or on exhibition for the purpose of use or play without first
having obtained the proper license for such place.
[Ord. 8-1979, 9/12/1979, § 3; as amended by Ord.
4-1982, 5/1982, § 2; and by Ord. 9-2008, 12/17/2008]
The license fee for each proprietor as herein defined shall
be in an amount established from time to time by resolution of Borough
Council[1] for amusement devices used or played or exhibited for
use or play upon the premises. All proprietor's license fees shall
be payable annually in advance. In no case shall any portion of said
license fee be repaid to the licensee.
[1]
Editor’s Note: The current Fee Resolution is on file
in the Borough offices.
[Ord. 8-1979, 9/12/1979, § 4]
1.
Applications for license hereunder shall be filed in writing with
the Borough Secretary on a form to be provided by the Borough and
shall specify:
A.
The name, address and telephone number of the applicant and, if a
firm, corporation, partnership or association, the principal officers
thereof and their addresses and the telephone number of a responsible
party who may be reached on a 24 hour a day basis.
B.
The address of the premises where the licensed device or devices
are to be operated, together with the character of the business as
carried on at such place.
C.
The trade name and general description of the devices to be licensed
or used.
D.
The name, address and operator of the establishment if other than
the proprietor.
2.
The proper license fee shall accompany such application. Application
for license hereunder shall be first referred by Borough Secretary
to the Mayor and Council who shall make or cause to be made such investigation
as they deem necessary within 60 days of the filing of the application.
If the application is approved by the Mayor and Council, the license
shall be issued by the Borough Secretary within 45 days, and the Secretary
shall remit the license fee to the Borough Treasurer. If the license
is denied, the fee shall be returned to the applicant. All licenses
under this Part shall expire one year following their issuance. The
license shall be posted in a conspicuous place in the establishment
of the licensee. Such license shall be nonassignable and nontransferable,
and shall apply only to the premises for which such license is issued.
[Ord. 8-1979, 9/12/1979, § 5]
The premises shall be supervised and controlled by at least
one adult attendant, supervisor or manager who is at least 21 years
old and who shall be required to be continually present whenever the
premises are open for business.
[Ord. 8-1979, 9/12/1979, § 6]
All such amusement devices shall at all times be kept and placed
in plain view of any person or persons who may frequent or be in or
upon any licensed premises. Nothing in this Part shall be constructed
to authorize, permit or license any gambling device of any nature
whatsoever.
[Ord. 8-1979, 9/12/1979, § 7]
Every licensed premises shall have separate and sanitary toilet
and washroom facilities for male and female patrons conveniently located
upon each floor of the licensed premises where the amusement devices
are displayed or placed for use.
[Ord. 8-1979, 9/12/1979, § 8]
Any establishment, place or premises in which five or more mechanical
amusement devices, as defined by this Part, are placed or kept for
use or play or on exhibition for the purpose of use or play shall
not be opened during the hours of 12:01 a.m. and 7:00 a.m. daily,
prevailing time.
[Ord. 8-1979, 9/12/1979, § 9]
The interior and exterior of the premises are to be maintained
in a clean and sanitary condition.
[Ord. 8-1979, 9/12/1979, § 10]
The Mayor, after affording a hearing to any such licensee of
which said hearing licensee shall have at least 48 hours notice, may
revoke any license herein granted for a violation of any of the provisions
of this Part or when he deems it to be of benefit to the public health,
safety or morals.
[Ord. 8-1979, 9/12/1979, § 11; as amended by Ord.
8-1988, 11/9/1988, § 2; and by Ord. 9-2008, 12/17/2008]
Any proprietor or operator who shall fail, neglect or refuse
to comply with any of the terms or provisions of this Part shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$600 plus costs and, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 30 days. Each day that a violation
continues shall constitute a separate offense.
