[Ord. 56, 1/11/1983, § 1]
No person shall have at any time in his possession within the
Township of Ralpho any mechanical amusement devices upon which games
are played or activities conducted through the insertion of a coin,
metal disk, slug, token or otherwise activated through exchange of
legal tender or other manner without first having procured a license
as provided in this Part.
[Ord. 56, 1/11/1983, § II]
As used in this Part the following terms shall have the meaning
set forth therein unless the context indicates to the contrary:
Any device, other than a jukebox, which, upon the insertion
of a coin, slug or token may be operated for use as a game, entertainment
or amusement whether or not registering a score and whether or not
a prize is offered. Such term does not include any gambling device
or any mechanism that has been judicially determined to be a gambling
device. This definition does not include:
Rides.
Bowling alleys, except coin operated bowling machines.
Any device maintained within a residence for the use of the
occupants thereof and their guests, provided the same is on a noncommercial
basis and in compliance with other ordinances.
Any device, the possession or use of which is prohibited by
law.
Any coin operated machine which solely dispenses food, soda,
candy, cigarettes or any other items for commercial consumption or
use.
A record owner, contract purchaser, lessee, assignee, bailee,
receiver or trustee.
Any natural person, association, copartnership, partnership,
firm or corporation.
[Ord. 56, 1/11/1983, § III; as amended by Ord.
90, 4/8/1991, § I; and by Ord. 119, 4/14/1998]
1.
Any person required to procure a license as provided in § 201
shall apply for same in writing to the Code Enforcement Officer of
Ralpho Township. Application shall be signed by the applicant(s) and
shall set forth the name(s), residence(s) of the person(s) conducting
the operations of mechanical amusement devices and applying for a
license, together with the present occupation of applicant(s) and
the name and address of the owner of the premises upon which the mechanical
amusement device(s) are to be installed and used. If the owner of
the premises is not the applicant, the applicant shall set forth the
length of time for which the premises has been leased to occupant.
2.
The application for each separate premises upon which mechanical
amusement devices are to be installed shall contain a nonrefundable
application processing fee in an amount to be established from time
to time by resolution of the Board of Supervisors.
3.
Neither the application processing fee nor the license fee for mechanical
amusement devices as a specific location shall be transferable to
another premises, except one authorized under this Part.
4.
All owners or operators of present facilities, as existing, shall
be required to submit an application for license and to make payment
of the license application fee within 30 days of the date of the adoption
of this Part.
[Ord. 56, 1/11/1983, § IV; as amended by Ord. 90,
4/9/1991, § II; and by Ord. 119, 4/14/1998]
No license shall be granted until a period of seven days has
elapsed from the date of receipt of the application completed in full
and satisfying all of the requirements set forth above, during which
time the Code Enforcement Officer may cause an investigation of the
facts and the number of the machines set forth in the application
to be made through the Township police. The Code Enforcement Officer
may, from time to time, request the Ralpho Township Chief of Police
to conduct investigations to make certain all mechanical amusement
devices in the Township are properly licensed pursuant to this Part.
[Ord. 56, 1/11/1983, § V; as amended by Ord. 90,
4/9/1991, § III; and by Ord. 119, 4/14/1998]
No license shall be issued until the annual fee in an amount
to be established from time to time by resolution of the Board of
Supervisors has been paid for each mechanical amusement device. The
annual fee shall be a license fee until May 1 of each year. If the
owner's use of the mechanical amusement device will be solely
on a seasonable basis, the license fee shall be prorated.
[Ord. 56, 1/11/1983, § VI; as amended by Ord. 119,
4/14/1998]
1.
Upon payment of the license fee provided by § 205 above,
the Code Enforcement Officer shall issue a certificate of license
setting forth:
A.
The name of the Township.
B.
The number of the certificate.
C.
The name and address of the person paying the tax.
D.
The year for which the tax shall have been paid.
E.
The date on which such tax shall have been paid.
F.
The number of mechanical amusement devices for which the tax shall
have been paid.
G.
The amount of tax paid.
2.
The person to whom the license certificate is issued shall display
said license certificate in a prominent manner within the premises
licensed so that it may be clearly identified upon inspection.
[Ord. 56, 1/11/1983, § VII; as amended by Ord.
90, 4/9/1991, § IV]
It shall be the responsibility of the owner of the business
conducted to apply for the annual license and make payment thereon
to the Township of Ralpho by no later than May 1 of each year following
the date of initial issuance.
[Ord. 56, 1/11/1983, § VIII; as amended by Ord.
112, 6/11/1996, §§ 3, 4; and by Ord. 119, 4/14/1998]
1.
Enforcement Notice.
A.
If it appears to the Township that a violation of this Part has occurred,
the Township shall initiate enforcement proceedings by sending an
enforcement notice as provided in this Section.
B.
The enforcement notice shall be sent to the violator and, if applicable,
the owner of record of the parcel on which the violation has occurred,
to any person who has filed a written request to receive enforcement
notices regarding that parcel and to any other person requested in
writing by the owner of record.
C.
An enforcement notice shall state at least the following:
(1)
The name of the violator and, if applicable, the owner of record
and any other person against whom the Township intends to take action.
(2)
The location of the violation and, if applicable, the property
in violation.
(3)
The specific violation with a description of the requirements
which have not been met, citing in each instance the applicable provisions
of this Part.
(4)
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
(5)
That the recipient of the notice has the right to appeal to
the Board of Supervisors within a period of 10 days.
(6)
That failure to comply with the notice within the time specified,
unless extended by appeal to the Board of Supervisors, constitutes
a violation, with possible sanctions clearly described.
2.
Enforcement Remedies.
A.
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this Part shall, upon
being found liable therefor in a civil enforcement proceeding commenced
by the Township, pay a judgment of not more than $600 plus all court
costs, including reasonable attorney fees incurred by the Township
as a result thereof. No judgment shall commence or be imposed, levied
or payable until the date of the determination of a violation by the
district justice. If the defendant neither pays nor timely appeals
the judgment, the Township may enforce the judgment pursuant to the
applicable rules of civil procedure. Each day that a violation continues
or each Section of this Part which shall be found to have been violated
shall constitute a separate violation.
B.
Nothing contained in this Section shall be construed or interpreted
to grant to any person or entity other than the Township the right
to commence any action for enforcement pursuant to this Section.
C.
District justices shall have initial jurisdiction over proceedings
brought under this Section.
