[Ord. 68-1, 6/25/1968, § 1; as amended by Ord.
1983-3, 9/26/1983, § 1]
shall mean and include any device which, upon insertion of
a coin, slug, token, plate or disc, may be operated for use as a game,
entertainment, contest or amusement, whether or not registering a
score.
shall include, but not be limited to, any and all video game
machines, electronic games and machines, gambling devices, and the
like. However this Part and any amendments thereto shall not be interpreted
to permit or condone the use and/or placement of any gambling device
unless the same is specifically permitted pursuant to statute or has
been judicially determined to be appropriate.
shall mean and include any natural person, association, partnership,
firm, corporation or entity.
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In this Part, the singular shall include the plural and the
masculine shall include the feminine and the neuter.
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[Ord. 68-1, 6/25/1968, § 2]
From and after the first day of January 1968, no person may
at any time have in his possession, at any place within the Township
of Smith, any mechanical amusement device, without first having procured
a license therefor from the Township.
[Ord. 68-1, 6/25/1968, § 3; as amended by Ord.
1983-3, 9/26/1983, § 3]
Any person desiring to procure a license for a mechanical amusement
device shall apply therefor in writing to the Township. Such application
shall set forth the name of the applicant, the address at which such
device is to be located, and the number and character of devices to
be installed at such address, for use thereon. 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 two days shall have elapsed from the date of application, during
which time the Township may, at its discretion, investigate the facts
set forth in the application.
Additionally, the application as stated above shall also contain
a consent by the owner of said device and the owner of the premises
in which the device shall be placed that upon conviction of a violation
of this Part, the owner of the machine as well as the owner of the
premises in which it is located hereby specifically consents and authorizes
any employee of Smith Township to immediately confiscate any and all
machines subject to said conviction of violating this Part, and thereafter
said machine or device shall become property of Smith Township pursuant
to said consent, and Smith Township may make such use and/or dispose
of such machine in any and all ways as deemed appropriate by said
Smith Township, including, but not limited to, exposing the same for
public sale or otherwise, without any right of repayment, refund,
reimbursement or claim to the original or previous owner and/or owner
of the premises in which said machine was located.
[Ord. 68-1, 6/25/1968, § 4]
Nothing in this Part shall be in any way construed or authorized
to license or permit any gambling device whatsoever, or any machine
or mechanism that has been judicially determined to be a gambling
device, or is in any way contrary to law, or that may be contrary
to any future law of the Commonwealth of Pennsylvania.
[Ord. 68-1, 6/25/1968, § 5; as amended by Ord.
80-1, 8/21/1980; by Ord. 1983-3, 9/26/1983, § 5; and by
Ord. 1997-1, 1/6/1997]
From and after the effective date of this Part, the licensing
fee for the operation of an amusement machine in the Township of Smith
shall be and is $100 per machine, except that the fee for the operation
of a bowling alley or bowling lane shall be $25 per lane; all fees
are payable annually and shall be paid by the owner or occupier of
the premises, who shall and is hereby responsible for all payments
required in said Part. Said fees are annual and shall be collected
each and every year at said rate. The waiting period provided in § 103
of this Part shall remain in full force and effect, and said license
is valid only on a calendar-year basis and shall expire following
the last day of each calendar year. The issuance of any and all licenses
provided for herein shall authorize the installation or location and
use of only one machine or bowling lane upon the premises specified
therein, and there shall be no exchange or replacement of any machine
or mechanical device pursuant to said license until such time as a
replacement or relocation fee has been paid in the amount of $5 to
the Township Secretary, said relocation fee being in addition to the
licensing fee required herein above. All licensing fees required herein
shall be paid in the full amount, and no refund or reduction shall
be provided for any amusement device which is situate in said premises
in said Township when the same is in existence less than a full year.
No machine or amusement device may be placed in any premises which
is not otherwise permitted to have said devices or machines pursuant
to the Smith Township Zoning Chapter, Ordinance No. 1970-2, and/or
its amendments.
[Ord. 68-1, 6/25/1968, § 6]
Prior to the expiration of any license issued under this Part,
the holder of such license shall apply to the Township for a license
for the following year. The same provisions shall govern the issuance
of such license as are set forth in the preceding sections of this
Part.
[Ord. 68-1, 6/25/1968, § 7; as amended by Ord.
1983-3, 9/26/1983, § 7]
The Smith Township Police, under the direction of the Township
Board of Supervisors, shall make periodic inspections of mechanical
amusement devices licensed under this part and any and all premises
for which a license has been obtained or requested, and, upon the
discovery of the existence of any mechanical amusement device as defined
herein that is not currently under a license or is situate in a premises
which is not otherwise appropriately zoned for the installation and
use of an amusement device, shall immediately file the appropriate
summary process against the owner and/or occupier of said premises
and, upon conviction thereof, shall confiscate said machine or device
and thereafter the same shall become the property of Smith Township
free and clear of any and all right, claim or interest by any party,
person or entity.
[Ord. 68-1, 6/25/1968, § 8]
Any license issued under this Part shall be exhibited at any
time on request of the Township or any Police Officer of the Township.
The Township may revoke any license hereunder granted when it deems
such revocation to be necessary for the benefit or protection of the
public health, safety or morals.
[Ord. 68-1, 6/25/1968, § 9; as amended by Ord.
1985-2, 8/121985; and by Ord. 97-5, 11/19/1997]
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 therefore 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.
