[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:
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.
A.
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:
(1)
The name, address, telephone number of applicant and, if a firm,
corporation, partnership or association, the principal officers thereof
and their addresses.
(2)
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.
(3)
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.
(4)
The name and address of the owner of the device or devices, other
than the proprietor.
B.
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.
A.
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.
B.
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.
