As used in this chapter, unless the context otherwise indicates,
the following terms shall have the meanings indicated:
LICENSEE
The person, firm, corporation or association receiving one
or more licenses hereunder.
MECHANICAL AMUSEMENT DEVICE or ELECTRONIC AMUSEMENT DEVICE
Any machine which, upon the insertion of a coin, slug, token,
plate or disc, may be operated by the public generally for use as
a game, entertainment or amusement, whether or not registering a score.
It shall include such devices as pinball machines, skill ball, electronic
skill games and all games, operations or transactions similar thereto
under whatever name they may be indicated.
PERSON, FIRM, CORPORATION or ASSOCIATION
Any person, firm, corporation or association in whose place
of business any such mechanical or electronic amusement device is
placed for use by the public. This definition shall include private
clubs or organizations.
Nothing in this chapter shall in any way be construed to authorize,
license or permit any gambling devices whatsoever or any mechanism
that has been judicially determined to be a gambling device or in
any way contrary to law or that may be contrary to any future laws
of the Commonwealth of Pennsylvania.
Any person, firm, corporation or association displaying for public patronage or keeping for operation any mechanical or electronic amusement device as herein defined by §
77-1 shall be required to obtain a license from the Township of Union upon payment of a license fee. Application for such license shall be made to the Township Secretary upon a form to be supplied by the Township Secretary for that purpose.
Application for a license shall be in quadruplicate, one copy
being located with each of the following: Zoning Officer, Chief of
Fire Department serving the area where business is located, Township
Secretary and Chief of Police.
A. The Union Township police shall investigate the location where the
applicant is operating or proposes to operate such mechanical or electronic
amusement device and ascertain if any applicant has a criminal record.
The Zoning Officer shall determine if the operation of the mechanical
or electronic amusement device will be in compliance with applicable
zoning regulations.
B. The Fire Chief shall inspect the premises where the mechanical electronic
amusement device is being operated or will be operated to determine
if the building and/or buildings comply with all applicable fire codes
or ordinances.
C. No license shall be issued to any applicant unless the location meets
the above requirements as to zoning and fire regulations.
D. No license shall be issued to any applicant if the applicant or any
person involved therein has been convicted of any felony or misdemeanor
involving force, violence or moral turpitude.
The licensee shall be responsible at all times for supervision
of the licensed premises and the operation therein of the licensed
amusement devices.
Every license issued under this chapter is subject to the right,
which is hereby expressly reserved, to revoke the same should the
licensee, directly or indirectly, permit the operation of any mechanical
or electronic amusement device contrary to the provisions of this
chapter, other ordinances of the Township of Union or the laws of
the Commonwealth of Pennsylvania. Said license may be revoked by the
Township Supervisors if, at a hearing, the licensee is found to be
guilty of such violations. Ten days' notice of the hearing shall
be given to the licensee. The notice shall specify the ordinance or
law violations with which the licensee is charged.
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Every day that a person fails to comply with
any notice or order to repair, vacate or demolish any dangerous structure
shall be deemed a separate violation of this chapter. Each day a violation
exists shall constitute a separate offense. Further, the appropriate
officers or agents of the Township are hereby authorized to seek equitable
relief, including injunction, to enforce compliance herewith.