[HISTORY: Adopted by the Board of Commissioners of Upper Moreland Township 5-3-1982 by Ord. No. 986; amended 6-7-1982 by Ord. No. 993; 10-4-1982 by Ord. No. 999; 9-6-1988 by Ord. No. 1165 (Title 11, Ch. 3, of the 1977 Code). Subsequent amendments noted where applicable.]
The provisions of this chapter are designed to promote and protect the health, safety, morals and general welfare of the residents of the Township of Upper Moreland by regulating the installation and operation of amusement games within the Township.
As used in this chapter, the following terms shall have the meanings indicated:
- AMUSEMENT GAME
- Any automatic, mechanical, electric or electronic machine or device used or designed to be operated as a game, or for entertainment or amusement, by the insertion of a coin, token, money or other article, or by the payment of money to have it activated. This definition shall not include the following:
No person, firm, association, corporation or other entity shall place, possess, keep, maintain, exhibit, use or operate, or permit to be placed, possessed, kept, maintained, exhibited, used or operated, any amusement game in or upon any building, premises, store or other public or quasi-public place in their possession or under their control within the Township of Upper Moreland without first obtaining a license therefor.
Application for an amusement game license shall be made to the Township Manager, or his authorized representative, on forms to be prescribed by him, which shall set forth, among other information deemed to be required and prescribed by the Manager, the following:
The name and address of the applicant, if an individual, or if a partnership, association or other entity, the names, residence addresses and occupations of each member of the partnership, association or other entity, and if a corporation, the address of its registered office and principal place of business, the names and addresses of its officers and directors.
Any prior criminal record of the applicant or of anyone associated with the applicant as a partner, associate, agent or employee, or as an officer or director of a corporation.
The manufacturer, name, dimensions, serial number and general description, including a statement of ownership, of the amusement game.
The address of the place where the amusement game is to be placed, possessed, kept, maintained, exhibited, used or operated.
A floor plan of the building, premises, store or other public or quasi-public place shall be provided, showing the proposed placement of the amusement game on the applicant's premises, in form and detail designated by the Manager.
Authorization for the Fire Marshal or other duly authorized Township official to inspect the building, premises, store or other public or quasi-public place for which the application is sought.
Compliance with all Township zoning requirements.
Upon receipt of a properly completed and filed application, the Township Manager shall transmit same to the appropriate Township officials, including, but not limited to, the Chief of Police, Building and Zoning Officer and Fire Marshal, as the Manager deems appropriate, in order to verify the accuracy of the information submitted on the application, compliance with all local ordinances, state and federal laws, and suitability of the applicant and the premises for an amusement game license.
An applicant whose application for an amusement game license has been denied by the Township Manager shall have the right to have the denial reviewed by the Board of Commissioners upon filing a written notice of appeal within 30 days after notice of denial.
Upon approval of an application and payment of the proper fee, the Township Manager shall issue a license to the applicant for the location and placement of an amusement game.
The fee for each license for the first year and for each year thereafter for each amusement game upon applicant's premises shall be as set from time to time by resolution of the Board of Commissioners. Said license shall be issued for the calendar year commencing January 1 and expiring December 31. Said license shall be renewed each year on or before December 31 for the following year by the filing of a written renewal application accompanied by the license fee for each renewal. The license fee for any license issued for any calendar year after July 1 shall be 1/2 of the annual license fee.
The fee fixed herein may be modified from time to time by the Board of Commissioners.
The machine sticker shall be affixed to the amusement game and displayed in a manner approved by the Township Manager or his designee.
A license may be transferred to a purchaser of the business where the amusement game is located for the balance of the unexpired license term.
No amusement game shall be operated within any licensed establishment without having a machine sticker affixed thereto, such machine sticker to be issued at the time of registration. Additional machine stickers may be purchased from the Township for a sum as set from time to time by resolution of the Board of Commissioners to facilitate the exchange of machines. The total number of machines at any given time shall not exceed the total number of machines for which a specific location is registered.
The number of amusement games permitted in any one building, premises, store or other public or quasi-public place shall be limited to three unless a special exception has been granted by the Zoning Hearing Board in conformance with the provisions of the Upper Moreland Township Zoning Code.
There shall be not less than 30 square feet of usable floor space on the premises for each amusement game.
The holder of the license may locate the amusement games on the premises as he wishes, subject to the approval of the Township Manager and Fire Marshal to ensure safe and adequate ingress and egress.
An amusement game license may be issued for a building, premises, store or other public or quasi-public place located within the following zoning districts only:
No amusement game shall be licensed, placed, possessed, kept, maintained, exhibited, used or operated in any location, the entrance or exit to which is within 600 feet of any entrance to or exit from any school, park, playground or church or within 300 feet of any residential zoning district.
The owner of any amusement game within the Township of Upper Moreland shall comply with all provisions of law, ordinance, rule or regulation applicable thereto and relating to the conduct of the business in connection with which the game is used and maintenance of the premises where it is located.
The owner of the game shall maintain good order on the premises at all times. The lack of good order on the premises shall include, but not be limited to, the following:
Amusement games may be in operation between the hours of 10:00 a.m. and 12:00 midnight only, subject to the following:
Games shall not be operated by school-age children during school hours when schools are open.
Games shall not be operated after 10:00 p.m. on Sundays through Thursdays by any person under the age of 18 years when schools are open the following day.
Games shall at no time be operated after 10:00 p.m. by any person under the age of 16 years unless accompanied by and under the supervision of a parent or guardian.
The aforesaid time limitations on operation shall not apply to premises licensed for on-premises consumption of alcoholic beverages, provided persons under the legal drinking age are prohibited from operating amusement games on the premises at all times.
The owner or occupant of any premises where amusement games are located shall maintain adequate supervision of the premises at all times when the games are in operation. No amusement game shall be available for use or operation unless it is under the control of and supervision by one or more persons over the age of 18 years who shall ensure that it is operated in compliance with this chapter.
Any premises where amusement games are located shall maintain a minimum light level of not less than 10 footcandles.
The interior portion of the premises where the amusement games are located shall, except as hereinafter provided, be visible to the public from the exterior of the premises. This provision shall not apply to the premises with less than six amusement games or to premises licensed for on-premises consumption of alcoholic beverages.
Any premises where amusement games are located which school-age children patronize shall provide and maintain bicycle racks or other adequate provision for parking of bicycles.
All licenses issued pursuant to the provisions of this chapter are subject to suspension or revocation by the Township Manager upon any of the following conditions:
Willful misrepresentation made by the license holder or his agent in applying for the license.
Conviction of the license holder for any felony or misdemeanor involving force, violence, moral turpitude, or involving any violation of this chapter or other provisions of the Upper Moreland Township Code or other state or federal laws pertaining to business operation.
The existence of a nuisance to customers, other businesses or the general public stemming from the operation of amusement games or from loitering, loud or unreasonable noise by customers or other persons on or adjacent to the license holder's premises. The definition of "nuisance" for the purpose of this section shall include the violation of any provision of the Upper Moreland Township Code or Pennsylvania statutes.
Prior to any action suspending or revoking any license, the Township Manager shall give the license holder written notice of such action, affording an opportunity to the license holder to correct any such deficiencies forming the basis for the suspension or revocation.
Any person, firm, association, corporation or other entity who shall violate any of the provisions of § 65-11, Operation of amusement games, of this chapter shall be notified of such violation and given an opportunity to correct same within a reasonable period of time, as designated by the Township Manager.
Any person, firm, association, corporation or other entity who, after receiving notice as hereinbefore provided, continues to be in violation of any of the provisions of this chapter shall, upon summary conviction before a magisterial district judge, be sentenced to pay a fine of not less than $50 nor more than $600 and costs of prosecution for each violation or, in default of payment of such fine and costs, to undergo imprisonment for not more than 30 days for each violation.