[HISTORY: Adopted by the Borough Council of the Borough of Clifton Heights 9-21-1981 by Ord. No. 599 (Ch. 13, Part 2, of the 1988 Code of Ordinances). Amendments noted where applicable.]
Entertainment — See Ch. 145.
As used in this chapter, the following terms shall have the meanings indicated:
- MECHANICAL OR ELECTRONIC DEVICE
- Any device which, upon insertion of a coin, token, plate or disc, may be operated for use as a game, entertainment or amusement, whether or not registering a score, and shall include any such device, whether a permanent or temporary installation, either inside or outside of a building, except that the term above defined shall not include any jukebox or similar instrument operated solely for the emission of music.
- Any natural person, partnership, firm or corporation.
From and after the effective date of this chapter, no person may at any time have in his possession or on premises owned by or controlled by him at any place within the Borough of Clifton Heights any mechanical or electronic device without first having procured a license therefor from the Borough Secretary.
Any person desiring to procure a license for a mechanical or electronic device shall apply therefor in writing to the Borough Secretary. Such application shall set forth the name and address of the applicant, the address at which such device is to be located, a plan of the premises showing that the devices will be placed in a supervised public area, and the number and character of devices to be installed at such address for use thereon, not to exceed three without a variance issued by the Zoning Hearing Board of the Borough of Clifton Heights under the terms of Chapter 340, Zoning, of the Code of the Borough of Clifton Heights. Such information shall be furnished over the signature of the applicant and shall be made under oath or affirmation. No license shall be granted until a period of 10 days shall have elapsed from the date of application, during which time the Secretary may, at his or her discretion, investigate the facts set forth in the application. Any person granted a license for a mechanical device shall not permit the operation thereof by any person under the age of 18 years.
[Amended 1-21-1985 by Ord. No. 639; 8-15-1988 by Ord. No. 682]
Following the waiting period provided in § 92-3 of this chapter, and upon payment by the applicant of the license fee as established from time to time by the Borough Council for every mechanical or electronic device sought to be licensed, a license shall be issued by the Secretary to the applicant. Such license shall be valid for the entire calendar year for which it is issued and shall expire following the last day of such calendar year. Provided, such license shall authorize the installation or location and use, upon the premises specified therein, of the number of mechanical devices for which the aforesaid license fee shall have been paid, but nothing herein shall prohibit the change or exchange of such mechanical or electronic devices, so long as the total number of such devices installed are located in and about such premises and shall not at any time exceed the number set forth in the original application.
Prior to the expiration date of any license issued under this chapter, the holder of such license shall apply to the Secretary for a license for the following year. The same provisions shall govern the issuance of such license as are set forth in § 92-4 of this chapter.
The Code Enforcement Officer shall make periodical inspections of mechanical or electronic devices licensed under this chapter.
Any license issued under this chapter shall be exhibited at any time on request of the Mayor or any police officer of the Borough. The Mayor may revoke any license hereunder granted when (s)he deems such revocation to be necessary for the benefit or protection of the public health, safety or morals, which revocation shall be effective only until the next regular meeting of Council, which will then, after hearing, make a decision as to whether to make the revocation permanent or continue the revocation for a specified time.
[Amended 8-15-1988 by Ord. No. 682; 9-19-1988 by Ord. No. 681]
Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $600, plus costs, and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Every day that a violation of this chapter continues shall constitute a separate offense. The license for any mechanical or electronic device will be on a calendar-year basis.