[HISTORY: Adopted by the Board of Supervisors of the Township
of Fallowfield 7-27-1982 by Ord. No. 102. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 400.
No person, partnership, firm or corporation shall at any time
have in its or their possession within Fallowfield Township, Washington
County, Pennsylvania, any mechanical or electrical device, machine,
or apparatus whatsoever for the playing of games, for profit, amusement
or entertainment, whether operated by pins, pegs, or balls, by electric
batteries, a central lighting system, including electronic (video)
games, or by any other device; operated through the insertion therein
of a coin or any metal disk or otherwise without first having procured
a license therefor as hereinafter provided. This chapter shall not
apply to vending machines used primarily for the sale of food or beverages.
Any person, partnership, firm or corporation using or operating
or causing to be used or operated any such machine or device as mentioned
hereinabove shall first make
application for a license or licenses to the Township Secretary, on
forms provided by the Township, which applications shall set forth
the name, residence, present occupation of the applicant, place where
such machine or machines are to be used or played, number and kind
of machines or devices to be operated and other information which
may be required in said application by the Township Secretary. Completed
applications shall be referred to the Fallowfield Township’s
designated law enforcement agency or Township official for review
and investigation, and thereafter to the Township Supervisors for
approval, and after approval thereof a license shall be issued by
the Township Secretary for each separate machine or device for the
current license period. A similar application and a similar license
shall be required for each license year or fraction thereof. In the
event a machine or device needs to be replaced for a portion of a
license year for which the license has been paid, or in the event
there is a substitution of a similar machine or device for a period
of time during which the license has been paid, there shall be no
additional license imposed in accordance with the schedule of licensing,
but there shall be a renewal or transfer fee to be paid in the amount
of $20 or such amount as is set by resolution of the Board of Supervisors,
and said transfer or substitution shall be made pursuant to application
on forms to be provided by the Township Secretary.
[Amended 5-28-1996 by Ord. No. 140]
Upon payment of the appropriate license fee as provided hereinbelow,
there shall be issued to the licensee a license or tag, appropriately
designating the machine or device so licensed, setting forth the number
of the license for each machine or device so licensed, which certificate
or tag shall be attached to the machine or device, or be displayed
in some conspicuous place on the premises.
Nothing specified in this chapter shall be in any way construed
to authorize, approve, license or permit any gambling device whatsoever
or any mechanism that has been judicially determined to be a gambling
device or in any way contrary to law, nor shall such device be used
or permitted to be used for gambling purposes.
It shall be the duty of the Fallowfield Township’s designated
law enforcement agency or Township official to regulate and supervise
the operation of all such machines and devices as mentioned hereinabove,
and to regularly inspect the premises where the same are being used
and to require full compliance with the law and this chapter so that
the same shall not amount to a nuisance or be used in violation of
any law.
In the event that any such machines or devices mentioned herein
are operated in a manner so as to constitute a nuisance or be in violation
of any of the laws of the commonwealth or ordinance of the Township,
then the license as to all the machines and devices operated on the
premises shall be revoked and there shall be no rebate or return of
any portion of the license fee.
[Amended 5-28-1996 by Ord. No. 140]
The annual license fee for each and every mechanical or electrical device as mentioned herein in § 135-1 hereof shall be the sum of $100. Each distributor of mechanical or electrical devices as set forth in § 135-1 hereof and maintaining a distribution point within the Township shall pay an annual license fee of $300 for said distribution point. In limitation of the foregoing, the annual license fee for each and every mechanical or electrical device as mentioned in § 135-1 that is in a place of business that is open for business less than six months on an annual basis shall be $75.
[Amended 5-28-1996 by Ord. No. 140[1]]
A.
Any person, partnership, firm or corporation violating any of the
provisions of this chapter shall, on conviction thereof in a summary
proceeding before a Magisterial District Judge or any other court
of appropriate jurisdiction, be sentenced to pay a fine not more than
$1,000, plus costs of prosecution. In default of payment thereof,
the defendant may be sentenced to imprisonment for a term not exceeding
90 days. All prosecutions shall be brought in the name of Fallowfield
Township, and shall be commenced by a appropriate summary process.
Each day a violation exists shall be considered a separate violation.
Failure to obtain the appropriate license and/or permit and/or pay
the appropriate license fee or tax for each individual machine shall
be considered a separate violation.
B.
If, as a result of amendment(s) to the Second Class Township Code,
it is no longer appropriate to enforce this chapter as a summary offense,
then and in that event the following shall apply: Any person, partnership
or corporation violating any of the provisions of this chapter shall,
upon determination of violation by a Magisterial District Judge or
any other court of appropriate jurisdiction, be required to pay a
civil penalty of not more than $600, plus all court costs, including
reasonable attorneys' fees, incurred by the Township in the enforcement
of this chapter. All civil prosecutions shall be brought in the name
of Fallowfield Township, and shall be commenced by the filing of an
appropriate civil process. Each day a violation exists shall be considered
a separate violation. Failure to obtain the appropriate license and/or
permit and/or pay the appropriate license fee or tax for each individual
machine shall be considered a separate violation.
