Borough of West Reading, PA Chapter 148 Amusements and Amusement Devices

[HISTORY: Adopted by the Borough Council of the Borough of West Reading as indicated in article histories. Amendments noted where applicable.]

Article I Events Charging Admission Fees

[Adopted 4-15-1969 by Ord. No. 560 (Ch. XIII, Part 2A, of the 1993 Code of Ordinances)]

§ 148-1 Definitions; word usage.

A. In this article:

PERSON

Includes any natural person, partnership, association, firm or corporation.

B. The singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.

§ 148-2 License required to conduct certain amusements.

[Amended 7-15-1997 by Ord. No. 787; 2-19-2009 by Ord. No. 978]

No person shall hold, exhibit or conduct, at any place within the Borough of West Reading, any amusement for which an admission fee is charged, without first obtaining a permit from the Borough, and paying to the Borough a permit fee to be established by the Borough Council by resolution from time to time. Provided, no permit fee shall be charged for any lecture on any scientific or literary subject; or for any exhibition of artwork, flowers or plants, hobbies or handicraft; or for musical concerts; or for any amusement for which the entire proceeds, less a reasonable amount to cover expenses, are used for any benevolent, religious, charitable or educational purpose.

§ 148-3 Violations and penalties. [1]

Any person who violates or permits a violation of this article shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this article in equity in the Court of Common Pleas of Berks County.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Article II Coin-Operated Amusement Games

[Adopted 1-17-1989 by Ord. No. 706 (Ch. XIII, Part 2B, of the 1993 Code of Ordinances)]

§ 148-4 Scope.

The subject matter of this article is regulation, licensing and fines for the operation of machines operated as games of skill for amusement by patrons who pay money to use said machines in the Borough of West Reading. 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 do not include any coin-operated musical devices.

§ 148-5 License required.

[Amended 7-15-1997 by Ord. No. 787]

A. It is the purpose of this article that, after the effective date of this article, 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 Borough of West Reading.

B. This article shall apply only to any place or premises where three or more of these coin-operated machines are located.

C. 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 wherein the machines are operated.

§ 148-6 License application.

[Amended 7-15-1997 by Ord. No. 787]

The application for the license specified in § 148-5 of this article shall be filed in writing with the Borough on a form to be provided by the Borough of West Reading and shall specify:

A. Name and address of the applicant, and if a firm, corporation, partnership or association, the principal officers thereof and their addresses;

B. Name and address of the owner of the machines of the business, one who leases or distributes for the purpose of operation by another, if it be different from the applicant;

C. 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;

D. 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

E. 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.

§ 148-7 License fee; transferability of licenses.

[Amended 7-15-1997 by Ord. No. 787; 2-17-2009 by Ord. No. 978]

A. No license shall be issued under this article for any coin-operated amusement devices until the annual fee shall have been paid to the Borough. This annual license fee shall be established by the Borough Council by resolution from time to time. For purposes of yearly renewal, the fee shall be paid on or before January 31 of each year.

B. 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.

C. 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.

§ 148-8 Restrictions.

A. 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.

B. It shall be prohibited to license, maintain, place or operate machines as described in this article at any location within 300 feet of any religious structure, school, playground or other recreational area, day-care facility or public library.

C. 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., except where machines are located in premises licensed to dispense liquor by the Pennsylvania Liquor Control Board and the hours of operation are regulated by the Pennsylvania Liquor Control Board, in which case the hours of operation shall be governed by the Pennsylvania Liquor Control Board.

D. It shall be prohibited to offer any prize or any other award other than additional games awarded by the machine 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.

§ 148-9 Inspections.

[Amended 7-15-1997 by Ord. No. 787]

The Borough of West Reading Police Department and the Building Officer may 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.

§ 148-10 Violations and penalties. [1]

Any person who violates or permits a violation of this article shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this article in equity in the Court of Common Pleas of Berks County.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).