[HISTORY: Adopted by the City Council of the City of Pittston as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-21-2007 by Ord. No. 2007-1]
The subject matter of this article is regulation, licensing and fees for the operation of machines operated as games of skill for amusement by patrons who pay money to use said machines in the City of Pittston. These coin-operated machines include, but are not limited to, pinball machines, electronically operated shuffleboard, bowling, video games, electronically operated tennis, billiards, and other games of amusement. These games of amusement include any coin-operated musical devices.
It is the purpose of this article that, after the effective date hereof, it shall be unlawful for any person or 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 Code Enforcement Officer.
This article shall apply only to any place or premises where one or more of these coin-operated machines are located.
This license shall be posted at all times by affixing same in a conspicuous place so as to be easily seen and read by all parties who visit the premises where the machines are operated.
The application for the aforementioned license shall be filed in writing with the Code Enforcement Officer on a form to be provided by the City of Pittston and shall specify:
The name and address of the applicant, and if a firm, corporation, partnership or association, the principal officers thereof and their addresses;
The name and address of the owner of the machines or the business who leases or distributes for the purpose of operation by another, if it be different from the applicant;
The address of the premises where the licensed devices are to be operated, together with the general nature of the business carried on at such place;
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; and
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.
No license shall be issued under this article for any coin-operated amusement devices until the annual fee shall be paid to the Code Enforcement Officer. This annual license fee shall be set pursuant to a resolution by the City of Pittston 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.
[Amended 7-20-2011 by Ord. No. 2011-7]
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 of 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, he 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.
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 article 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 2:00 a.m. and 7:00 a.m.
It shall be prohibited to offer any prize or any other award other than the contents of the claw machines containing stuffed animals and other trinkets of nominal value and additional games awarded by the machine staff 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.
The Code Enforcement Officer 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 article.
Any person, firm or corporation who violates any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $500 and, in default of payment, to undergo imprisonment for a term not to exceed 30 days. Each day that a violation of this article continues shall constitute a separate offense.