[Ord. 339, 9/2/1980, § 1]
The subject matter of this ordinance is the regulation, licensing
and fines for the operation of machines operated as games of skill
played for amusement in the Borough of Fountain Hill, for which patrons
pay a sum of money to use. These coin-operated machines are to include,
but not be limited to, pinball machines, electronically operated shuffleboard,
bowling, video games, electronically operated tennis, billiards, and
other games of amusement. These games of amusement are not to include
any coin-operated musical devices.
[Ord. 339, 9/2/1980, § 2]
It is the purpose of this law that, after the effective date
of this ordinance, it shall be unlawful for any person, persons, corporations,
companies, or firms to have, keep, lease or maintain for purposes
of operation any of the aforementioned coin-operated amusement machines
without first having obtained the proper license from the Executive
Secretary of the Borough.
This ordinance shall apply only to any place or premises where
five or more of these coin-operated machines are located.
This license shall be posted at all times by affixing same in
a conspicuous manner so as to be easily seen and read by all parties
who visit the premise wherein the machines are operated.
[Ord. 339, 9/2/1980, § 3]
The application for the aforementioned license shall be filed
in writing with the Executive Secretary on a form to be provided by
the Borough and shall specify:
1. The name and address of the applicant, and if a firm, corporation,
partnership or association, the principal officers thereof and their
addresses;
2. The name and address of the owner of the machines or the business
- one who leases or distributes for the purpose of operation by another
- if it be different from the applicant;
3. The address of the premises where the licensed devices are to be
operated, together with the general nature of the business as carried
on at such place;
4. The trade name(s), serial numbers, names of the manufacturer, and
the number of devices to be licensed along with the general description
of the devices to be licensed;
5. The fee that is paid and the effective dates of the application,
which shall be from whatever date the applicant starts the business
of that year until December 31 of that year.
[Ord. 339, 9/2/1980, § 4]
No license shall be issued under this ordinance for any coin-operated
amusement devices until the annual fee shall have been paid to the
Executive Secretary. This annual license fee shall be $50 for each
machine located on the premises. For purposes of yearly renewal, the
fee shall be paid on or before January 31 of each year.
However, should any device or machine be installed after July
1 of any year and application is made after that date, then the license
fee of that machine(s) shall be 1/2 or 50% of the annual license fee
provided for in this section.
This license shall not be transferable from one applicant to
another. A new owner, proprietor, or operator shall be required to
secure a new license and pay the fees thereof. However, it shall not
be required to secure a new or different license when one machine
is replaced by another as long as the total number of machines remains
the same.
[Ord. 339, 9/2/1980, § 5]
There shall be no more than 20 machines of any type or types
permitted to be operated, maintained, or in use in any one place,
location or premises.
It shall be prohibited to license, maintain, place or operate
machines as described in this ordinance at any location within 300,
feet of an entrance to any house of worship, public school or public
playground. The 300 feet shall be measured along the street line.
It shall be unlawful to permit persons to operate or play machines
between the hours of 10:00 p.m. and 7:00 a.m.
It shall be prohibited to offer any prize or any other award
to any person playing a coin-operated amusement device. Furthermore,
it shall be prohibited to permit any said machine to be used for any
gambling purpose.
[Ord. 339, 9/2/1980, § 6]
The Fountain Hill Police Department, Zoning Officer, or any
other duly authorized Borough Official shall make periodic inspections
of all premises where machines of amusement and games of skill for
amusement are operated for the purpose of enforcing this ordinance.
[Ord. 339, 9/2/1980, § 7]
Any person, partnership or corporation which violates any provision
of this ordinance shall, upon conviction thereof in a summary proceeding,
either be sentenced to pay a fine of not more than $300 or be liable
to imprisonment for not more than 30 days. Each day that a violation
is continued shall constitute a separate offense. All fines shall
be paid to the Borough for its general use.
Nothing herein contained shall prevent the Borough from taking
such other lawful action as is necessary to prevent or remedy any
violation.
[Ord. 339, 9/2/1980, § 8]
If a court of competent jurisdiction declares any provision
of this ordinance unconstitutional or invalid, that decision shall
only affect the provision declared to be unconstitutional or invalid.
The decision shall not affect the validity of this whole ordinance.