[Adopted 4-15-1969 by Ord. No. 560 (Ch. XIII, Part 2A, of the 1993 Code
of Ordinances)]
[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.
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.
[Adopted 1-17-1989 by Ord. No. 706 (Ch. XIII, Part 2B, of the 1993 Code
of Ordinances)]
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.
[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.
[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.
[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.
[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.
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.