[Ord. 353, 11/9/1981, § 1]
The Borough of East Lansdowne, Delaware County, Pennsylvania.
Any amusement machine or device operated by means of insertion
of a coin, token, or similar object for the purpose of amusement or
skill and for the playing of which a fee is charged, except the term
above shall not include any jukebox or similar instrument operated
solely for the emission of music.
As used in this Part, shall include every natural person,
copartnership, association, or corporation, whenever used in any clause
prescribing and imposing a penalty, or both. The term PERSON as applied
to copartnerships or associations shall mean the partners, or members
thereof, and as applied to corporations, the officers thereof.
Any person, as herein defined, operating or maintaining or
permitting for use within the Borough mechanical or electronic devices,
for the use of which a fee is charged or collected.
The Secretary of the Borough of East Lansdowne.
The Treasurer of the Borough of East Lansdowne.
[Ord. 353, 11/9/1981, § 3]
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
East Lansdowne, any mechanical or electronic device, without first
having procured a license therefor from the Borough Secretary.
[Ord. 353, 11/9/1981, § 4]
1.
Any person desiring to procure a license for a mechanical or electronic
device shall apply therefor in writing to the Borough Secretary. Each
application for a license shall be filed with the Secretary in duplicate
and shall specify;
A.
The name address and telephone number of the applicant and if a firm,
corporation, partnership, or association the principal officers therefor
and their addresses and telephone numbers.
B.
The addresses of the premises where the license device or devices
are to be operated, together with the character of the business as
carried on at such place.
C.
The trade name and general description of the device or devices to
be licensed, and the name of the manufacturer. Such information shall
be furnished over the signature of the applicant and shall be made
under oath or affirmation.
D.
More than one but less than four mechanical or electronic devices
may be located or situated in an individual restaurant, drugstore
or business establishment provided such application is approved by
Borough Council at a regular monthly meeting. In exercising its discretion
to license hereunder Borough Council shall take into account the size,
dimension and other uses of the premises, access parking, noise, and
its effect upon the health, safety, and welfare of the community.
2.
Review of Application. No license shall be granted until a period
of 15 days have elapsed from the date of application, during which
time the Borough Council may, at their discretion investigate the
facts set forth in the application. The purpose of this investigation
shall be to establish that the applicant is capable of conducting
the proposed business of distributing or operating or maintaining
said mechanical or electronic devices in the Borough in a manner consistent
with the public's safety, good morals and general welfare of the community,
and that those persons involved in such business can be reasonably
expected to operate the proposed business in accordance with the law
and free from any illegal conduct, or unwarranted noise and commotion.
[Ord. 353, 11/9/1981, § 5]
Following the waiting period provided in § 203 of
this Part, and upon payment by the applicant of the license fee established
by resolution of 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. The license shall authorize the installation
or location and use upon the premises specified therein, of the number
of mechanical or electronic 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 or located in and about such
premises shall not at any time exceed the number set forth in the
original application.
[Ord. 353, 11/9/1981, § 6]
Prior to the expiration date of any license issued under this
Part, 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 the preceding sections
of this Part.
[Ord. 353, 11/9/1981, § 7]
The Code Enforcement Officer shall make periodic inspections
of mechanical or electronic devices licensed under this Part.
[Ord. 353, 11/9/1981, § 8]
Any license issued under this Part shall be exhibited at all
times in a prominent place on the licensed premises. Failure to do
so may result in the revocation of said license.
[Ord. 353, 11/9/1981, § 9]
[Ord. 353, 11/9/1981, § 10]
Every license issued herein is subject to revocation by the
Borough Council for the violation of any the provisions of this Part.
Any material misstated or omitted in the licensing application shall
constitute grounds for revocation. The revocation shall occur only
after a hearing before Borough Council, the licensee being given notice
10 days in advance of such hearing and provided that such notice shall
state the grounds for the proposed revocation.
[Ord. 353, 11/9/1981, § 11; as amended by Ord.
401, 7/11/1988; and by Ord. 416, 4/22/1991]
Any person, firm or corporation who shall violate any provision
of this Part 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 Part continues shall constitute
a separate offense.
