[HISTORY: Adopted by the Board of Commissioners of the Township of Upper Chichester as indicated in article histories. Amendments noted where applicable.]
Article I Mechanical Amusement Devices
[Adopted 8-11-1983 by Ord. No. 423 (Ch. 13, Part 2, of the 1987 Code of Ordinances)]
As used in this article, the following terms are defined as follows:
- MECHANICAL AMUSEMENT DEVICE
- Any machine, device, or apparatus operated by the insertion of a coin, token, or similar object for the purpose of amusement and/or skill of any kind or description and for the playing of which a fee is charged. This term does not include any coin-operated mechanical musical device and does not include any vending machine which does not incorporate gaming or amusement features.
- Any individual, firm, corporation, association, or partnership or any other legal entity who is the keeper, custodian, proprietor, lessee and/or owner of a public business place or any other person maintaining same.
- PUBLIC BUSINESS PLACE
- Any building or room, place, or space therein which is open to the general public.
It shall be unlawful for any person to install, operate and/or maintain any mechanical amusement device in any public business place without being properly and duly licensed by the Township of Upper Chichester as provided hereinafter.
An application for a license to install, operate and/or maintain mechanical amusement devices in a public business place shall be made by any person upon a form provided or approved by the Board of Commissioners of the Township of Upper Chichester, which form shall contain the following information:
Name and home address of the applicant.
Address of the public business place.
Name and home address of the owner of the public business place.
Interest of the applicant to the public business place.
Description, dimensions, and scale floor plan of both the area to be occupied by the mechanical amusement devices and the public business place in which the same are located, including other businesses therein.
Number and description of mechanical amusement devices to be installed, operated and/or maintained.
Zoning of the area in which the public place is located.
Certification that the applicant will comply with all of the applicable laws of the Commonwealth of Pennsylvania and all of the ordinances of the Township of Upper Chichester.
The floor area required for each mechanical amusement device shall be no less than 20 square feet of clear floor area. In no case shall the total floor area occupied by mechanical amusement devices exceed 10% of the total floor area.
Any and all applications for such licenses, together with the required license fee, shall be made to the Zoning Officer, who is hereby authorized to issue the same upon the payment of the required license fee.
All licenses issued hereunder shall expire on January 1 of each and every year and may be renewed upon written application to the Zoning Officer on or before December 31 of each and every year, together with the payment of the required license fee.
[Amended 9-8-1983 by Ord. No. 424; 11-17-1987 by Ord. No. 456]
There shall be an annual license fee for each mechanical amusement device which shall be established by resolution of the Board of Commissioners. All monies received by way of license fees hereunder shall be paid into the general fund of the Township of Upper Chichester.
All licenses issued hereunder shall be posted in a conspicuous place within the public business place where the mechanical amusement devices are installed, operated and/or maintained and shall be nontransferable.
The Board of Commissioners of the Township of Upper Chichester shall have the power to formulate such rules and regulations as may be necessary or appropriate to carry out the provisions of this article.
It shall be the duty of the Zoning Officer to cause an investigation of all applications for licenses pursuant to the terms of this article and of all public businesses.
No license requested hereunder shall be issued until it is ascertained that the public business place complies with all the laws of the Township of Upper Chichester and is a safe and proper place for the purpose for which it is to be used, properly ventilated and supplied with sufficient toilet facilities.
Any license issued hereunder may be revoked by the Zoning Officer for disorderly or immoral conduct on the premises or upon proof that the public business place is frequented by immoral persons or for the violation of any of the rules, the regulations, the ordinances, and the laws governing and applying to public business places in which mechanical amusement devices are installed, operated and/or maintained. If at any time a license granted hereunder is revoked, at least three months shall elapse before another license shall be granted to install, operate and/or maintain mechanical amusement devices in a public place.
Any person denied a license hereunder and/or any person who has a license revoked hereunder shall receive written notice thereof with the reasons therefor set forth therein. Any person aggrieved by the decision of the Zoning Officer may request a hearing before the Board of Commissioners of the Township of Upper Chichester within 30 days after receipt of the notice of the Zoning Officer's decision.
[Amended 11-17-1987 by Ord. No. 456; 12-8-1988 by Ord. No. 465]
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000, together with the costs of prosecution, and, in default of payment of such fine and costs, shall be subject to imprisonment for a term not to exceed 30 days. Every day that a violation of this article continues shall constitute a separate offense.