[HISTORY: Adopted by the Council of the Borough of Lansdale 3-20-1985 by Ord. No. 1315 (Ch. 47 of the 1972 Code). Amendments noted where applicable.]
The intent of this chapter is to control and protect the health, safety and welfare of the community regarding amusement machine devices. It is noted by the Borough Council of Lansdale that often the use of amusement machine devices or entertainment devices involves the congregation of a great number of individuals, including but not limited to the youth of the Lansdale Borough community and that by the very nature of the machines, there are significant moneys involved and because of the moneys involved and the congregation of adults and other individuals, said use requires certain police power of the community to be invoked so that there is no fraud, crime, violence or other public disturbance involved with the use of such machines and that the operators and licensees of said machines, in accordance with the laws of the Commonwealth of Pennsylvania, should be licensed and, therefore, for the reasons set forth above and those by the Commonwealth of Pennsylvania, it is incumbent upon the Borough of Lansdale to license the use of said machines.
As used in this chapter, the following terms shall have the meanings indicated:
- COIN-OPERATED AMUSEMENT DEVICE
- Any amusement machine or device operated by means of the 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. The term does not include vending machines in which are not incorporated gaming or amusement features, nor does the term include any coin-operated mechanical musical devices.
- Any person, firm, corporation, partnership, association or other entity who sets up for operation by another or leases or distributes for the purpose of operation by another any device as herein defined, whether such setting up for operation, leasing or distributing be for a fixed charge or rental or on the basis of a division of the income derived from such device or otherwise.
- Any person, firm, corporation, partnership, association, club or other entity who, as the owner of the business or the real estate, lessee or proprietor, has under his or its control any establishment, place or premises in or at which such device is placed or kept for use or play or on exhibition for the purpose of use or play.
No person, firm or corporation shall engage in the business of an operator or propriety of an establishment containing coin-operated amusement devices as the terms are herein defined, without first having obtained the proper license therefor.
The annual license fee for each operator shall be as set by resolution of the Borough Council for each said device of the kind and character hereinabove defined.
It shall be unlawful for any person, firm or corporation to install, operate or maintain such device without first having obtained the license from the Secretary of the Borough. The license period shall be the same as the calendar year or any part thereof. All license fees shall be paid annually in January of each year and for the first year, i.e., 1985, in which this chapter is effective, the above license fee for each said device shall be paid prior to the installation or use of any coin-operated amusement device after the effective date of this chapter. In no case shall any portion of said license fee be refunded to the licensee in the event that the device is removed.
Application shall be filed by proprietor for license and hereunder shall be filed with the Secretary of the Borough of Lansdale, in writing, and shall specify:
The name, address, telephone number of applicant and, if a firm, corporation, partnership or association, the principal officers thereof and their addresses.
The address of the premises where the licensed device or devices are to be operated, together with the name and telephone number of the proprietor of the premises, together with the character of the business as carried out at such place.
The name of the devices to be licensed. In the event that the owner adds additional machines to the total number licensed at any one location, the applicant must obtain a new license for each additional machine.
The name and address of the owner of the device or devices, other than the proprietor.
The proper license fee shall accompany such application. All licenses under this chapter shall expire on December 31 following their issuance. The license shall be posted in a conspicuous place in the establishment of the licensee. Such license shall be nonassignable and nontransferable and shall apply only to the premises for which the license is issued. All the license renewals and applications thereof shall be referred to the Secretary of the Borough of Lansdale who shall make or cause to be made an investigation which shall include investigation as to police incidents at the location, where the machine is to be located along with an investigation of the business practices of said applicant through the Better Business Bureau or any similar agency and also a criminal investigation as to the applicant. If the location, applicant or business has any and all violations associated with it, said application shall be denied.
In case a proprietor licensed under the provisions of this chapter desires, after the expiration of any portion of any license year, to increase the number of devices to be used or played or exhibited for use or play in his establishment, he shall surrender his license to the Borough Secretary who shall issue a new license showing the number of devices licensed thereunder, upon payment of the proper license fee therefor.
All devices shall, at all times, be kept in plain view of any person or persons who may frequent or be in any place where such devices are kept or used. Nothing in this chapter shall be construed to authorize or permit or license any gambling device of any nature whatsoever.
The proper officials and employees of the Borough of Lansdale are hereby authorized and directed to make and keep such records, prepare such forms and to take such other measures as may be deemed necessary or convenient to carry this chapter into effect.
In the case of an establishment where there are six or more machines in place, the following shall apply: No machines shall be installed in any structure or on any premises in the Borough unless the following space requirements shall be satisfied and complied with so that the protection of the general health, safety and welfare of the citizens of the Borough may be assured in the event of fire or any other emergency.
There shall be at least three feet of open space on each side of each machine. Where there are two machines adjacent to each other, there shall be at least six feet of open space between the machines.
There shall be at least four feet of open space provided for the customer directly in front of each machine. Where there are two machines opposite each other, there shall be at least eight feet of open space for both customers directly in front of the machine.
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 court costs and reasonable attorneys’ fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the Borough lockup for a period not exceeding 10 days or to the county jail for a period not exceeding 30 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.