[HISTORY: Adopted by the Board of Commissioners of the Township
of Upper Chichester as indicated in article histories. Amendments
noted where applicable.]
[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:
Board of Commissioners of the Township of Upper Chichester.[1]
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.
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:
A.
Name and home address of the applicant.
B.
Address of the public business place.
C.
Name and home address of the owner of the public business place.
D.
Interest of the applicant to the public business place.
E.
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.
F.
Number and description of mechanical amusement devices to be installed,
operated and/or maintained.
G.
Zoning of the area in which the public place is located.
H.
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.
A.
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.
B.
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.
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.
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.
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.
