[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:
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.
A.
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:
(1)
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.
(2)
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.
(3)
The manufacturer, name, dimensions, serial number and general description,
including a statement of ownership, of the amusement game.
(4)
The address of the place where the amusement game is to be placed,
possessed, kept, maintained, exhibited, used or operated.
(5)
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.
(6)
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.
(7)
Compliance with all Township zoning requirements.
B.
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.
C.
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.
A.
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.
B.
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.[1]
C.
The fee fixed herein may be modified from time to time by the Board
of Commissioners.
D.
The machine sticker shall be affixed to the amusement game and displayed
in a manner approved by the Township Manager or his designee.
A.
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.
B.
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.[1]
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.
A.
There shall be not less than 30 square feet of usable floor space
on the premises for each amusement game.
B.
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.
A.
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.
B.
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:
C.
Amusement games may be in operation between the hours of 10:00 a.m.
and 12:00 midnight only, subject to the following:
(1)
Games shall not be operated by school-age children during school
hours when schools are open.
(2)
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.
(3)
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.
(4)
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.
D.
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.
E.
Any premises where amusement games are located shall maintain a minimum
light level of not less than 10 footcandles.
F.
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.
G.
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.
B.
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:
(1)
Willful misrepresentation made by the license holder or his agent
in applying for the license.
(2)
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.
(3)
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.
C.
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.
A.
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.
B.
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.
