[HISTORY: Adopted by the Board of Commissioners of the Township
of Shaler 7-8-2014 by Ord. No.
1925[1]. Amendments noted where applicable.]
The purpose of this chapter is to establish the regulation and
operation of amusements and amusement devices in or on any premises
or location within the Township.
A.
No person shall conduct a place or possess a device of amusement
or be a producer of amusements without obtaining a license from the
Township. Applications for licenses shall be made upon forms to be
supplied by the Township for the purpose of amusement and amusement
devices.
B.
No person or entity shall conduct a public exhibition, including
a circus, fair, carnival, rodeo, feat of horsemanship, menagerie,
caravan of animals, animal show, exhibition of any natural or artificial
curiosity or performance or exhibition of such nature within Shaler
Township without first obtaining a license for such performance or
exhibition from the Township.
C.
No proprietor shall set up, allow to be set up, establish or cause
to be set up or established, exhibit, display or maintain on the premises
of a business establishment within the Township, for the purpose of
gaining advantage or profit, any mechanical or electronic device,
machine or apparatus of any kind for the playing of games or otherwise
used for the purpose of amusement or entertainment by the insertion
therein of any currency or a coin or any other metal disc, slug or
token, without first obtaining a license from the Township. A license
fee shall be paid for each machine. This provision shall be applicable
to proprietors who charge fees for the use of pool tables on their
premises although such pool tables do not operate through the insertion
of currency, coin, metal disc, slug or token. This chapter is not
applicable to devices, machines or apparatus where the cost, price
or consideration for playing one game is less than $0.01. Upon the
payment of the license fee provided by this chapter, and if the application
fully complies with this chapter, the Township shall issue a placard
setting forth the number of machines/devices licensed by the Township.
Said placard shall be displayed in a clearly observable and readable
location at the place where the machines/devices are installed and
used. All placards issued by the Township for video and mechanical
amusement devices shall clearly state that the video or mechanical
devices are for amusement purposes only, that they are not gambling
devices, and that only games and not money may be won on the machines/devices.
D.
No person or persons, firm, partnership, corporation or other entity
shall at any time have in his, its or their possession within the
Township of Shaler any amusement device without first having procured
a license therefor as hereinafter provided in this chapter. Said amusement
devices include, by way of illustration and not limitation, such devices
as arcade games, pinball machines, claw machines, jukeboxes, video
games and brain teasers.
E.
Applications shall be filed at least three weeks before the effective
date of the license.
Any person or persons, firm, corporation or other entity desiring
to procure a license as required by this chapter shall apply therefor
in writing to the Township. Said application shall set forth the following:
A.
The name, address and telephone number of the vendor of each amusement
device/amusement to be licensed.
B.
The name, address and telephone number of all proprietors of the
business establishment in which each amusement device/amusement is
to be located, used or installed.
C.
The name of the owner of the premises upon which the machines are
to be used and installed.
D.
If the owner of the premises is not the applicant, the length of
the time for which the premises has been leased.
E.
Citizenship status of the applicant.
F.
Present and previous occupations of the applicant or applicants.
G.
Length of residence at the present address and each previous place
of residence for the past 10 years.
H.
The location and description of each amusement device to be displayed
or operated on the premises.
I.
The manufacturer, serial number and nature of the machines to be
installed and used.
J.
The name and address of the owner of the machines to be installed.
K.
A verification by the vendor and proprietor that the facts set forth
in the application are true and correct to the vendor's and proprietor's
personal knowledge, information or belief, and that any false statements
therein are made subject to the penalties of the Crimes Code, 18 Pa.C.S.A.
§ 4904, relating to unsworn falsification to authorities.
L.
That the vendor and proprietor have been provided a copy of this
chapter and that he/she/they have read and agree to be bound by all
terms and provisions hereof.
M.
That a license does not sanction or condone the use or possession
of any illegal gambling device, whether illegal per se or as modified.
N.
That the illegal use or possession of an illegal gambling device,
either per se or as modified, may result in a criminal prosecution
by law enforcement officials.
O.
The number of pieces of equipment for music and all loudspeaker devices
and other devices for amplification of sound.
P.
State the anticipated hours of operation.
Q.
State the number of people expected to attend, where applicable.
The information required in 78-3 hereof shall be furnished over
the signature of the applicant or applicants and shall be made under
oath or affirmation.
No license shall be granted until a period of 10 days shall
have elapsed from the date of application, during which time the Township
may, at its discretion, investigate the facts set forth in the application,
and no license shall be granted to any person not a citizen of the
United States.
Nothing in this chapter shall in any way be construed to authorize,
license or permit any gambling devices whatsoever or any mechanism
that has been judicially determined to be a gambling device or in
any way contrary to law or that may be contrary to any future laws
of the Commonwealth of Pennsylvania or the United States of America.
A.
No license shall be issued until an annual fee therefor shall have
been paid the Township in the sum established by the Township for
each and every device so installed and used under the terms of this
chapter in the Township of Shaler, which amount paid as aforesaid
shall be a license fee until December 31 of each year. However, should
any such device be installed after July 1 of any year and application
therefor be made after said date, then, in such event, the license
fee for that particular year shall be the sum established by the Township
for each device to December 31 and the sum established by the Township
for every other type device regulated hereunder to December 31.
B.
Where the Township determines that police officers shall be specially
detailed to any event licensed under this chapter, the owner or operator
of a place of amusement or producer of the event shall pay the Township
for all the police so detailed. The Township shall consider the following
factors to determine the need for specially detailed police:
C.
The Township shall collect additional fees after the event licensed
has occurred unless the owner, operator or producer operates on a
season schedule.
D.
A producer of a non-season-scheduled event shall be required to deposit
a fee in advance of the scheduled event to cover the estimated cost
of police protection. Where the deposit is more than the cost of specified
police protection, a refund shall be made upon application to the
Township. The Township shall bill the applicable person for any underpayment
for special police protection.
E.
For amusements which are licensed by the State Athletic Commission
(boxing, kickboxing and wrestling), the producer is required to have
paramedics and an ambulance specially detailed to the event, and in
such cases, the producer must present sufficient evidence (that the
producer obtained paramedics and an ambulance) before obtaining a
permit. The producer is responsible for the cost of paramedics and
an ambulance covering the event.
Upon presentation of an application as provided herein, the
Township may conduct an investigation as to the truth of the statements
contained therein and as to any or all other matters which might tend
to aid the Township in determining whether or not a license should
be granted. The Township may consider among other things the effect
of the amusement or exhibition upon the peace, welfare and good order
of the Township when granting a license; the Township may approve
or disapprove each particular exhibition and may also approve or disapprove
any lighting system or device emitting or amplifying sound used at
any exhibition, as well as impose further conditions, the violation
of which shall constitute a violation of this chapter and shall subject
the violator, upon conviction, to the penalties provided for offenses
against this chapter.
Before any license shall be issued for any exhibition or event
hereunder, the applicant shall be required to secure a public liability
insurance policy in such principal sum as the Township may deem sufficient
to protect members of the public and the Township and naming the Township
as an additional insured. Said policy shall be issued by an insurance
company authorized to do business in the Commonwealth of Pennsylvania.
Licensees shall not permit gambling at any licensed exhibition
or event nor on any licensed premises, except as may be permitted
by any local ordinance which has been or may have been or may hereafter
be enacted by the Township. No licensee shall permit the giving of
any performance of a lewd, suggestive, vulgar or immoral type or the
use therein of any indecent or obscene language or any behavior tending
to corrupt the public morals or incite the public to break any law
or ordinance.
A.
Transfer of licenses:
(1)
Licensees shall post their licenses conspicuously at the location
of the licensed exhibition or on the premises licensed.
(2)
Licensees desiring to transfer their licenses to new locations within
the Township shall submit an application for such relocation, change
or revision to the Township. No refund of any license fee shall be
made if an application for relocation, change or revision is disapproved.
(3)
No license shall be transferable from an approved applicant to another
person or entity.
B.
Transfer, removal, replacement or change of amusement devices:
(1)
Any amusement device licensed under this chapter may not be transferred
or moved to another location within the Township for use thereon unless
a new license is obtained.
(2)
Prior to transferring, moving, replacing or changing any amusement
device, the licensee shall notify the Township in writing of such
proposed transfer, removal, replacement or change and shall return
to the Township with such notification the paper certificate, disk,
plate or sticker issued by the Township for such amusement device,
and if such amusement device is being replaced or changed, the Township
shall issue to the licensee a new paper certificate, disk, plate or
sticker for such replacement amusement device.
Upon the payment of the license fee provided by this chapter,
the Township shall issue a certificate in the form of a paper certificate,
disk, plate or sticker, setting forth the number of the license for
each machine so licensed, which said certificate, disk, plate or sticker
shall be attached and fastened to the respective machine or device
so that the same may be clearly observable and readable. The certificate
shall state that the amusement device is for amusement purposes only,
that it is not an illegal gambling device and that only games and
not money may be won on the machine or device.
Any agent of the Township may conduct inspections of any business
establishment where any amusement device licensed under this chapter
is located, installed, placed or used to ensure compliance with this
chapter.
No person shall permit any mechanical or other means of amusement
to be located on the premises of any amusement arcade if such amusement
device shows any specified sexually explicit area or specified sexual
activity as set forth in the Township Code.
A.
The responsibility to ensure that each premises containing the devices
is licensed shall be joint and severable. Where the owner of the premises
or the proprietor of the business establishment fails to acquire the
proper license, the owner of the device shall bear the responsibility
to either acquire the proper license or remove the device.
B.
The owner of each device shall prominently display on each device,
through a decal or other method, their company name and business address.
C.
The licensee, upon applying for and being granted such license, thereby
permits all Township inspectors the right to inspect the premises
for violation of any law, statute or ordinance.
A.
In the event an owner of a device, or person listed pursuant to the
requirements of this chapter, or owner of the premises, or applicant/proprietor
of the business establishment is convicted of having a mechanical
or electronic device that is in violation of any gambling laws of
Pennsylvania, the Township shall revoke each Township license which
had been issued to such person and each Township license for machines
owned by such person. In addition, the person shall be debarred for
three years from being eligible for the Township license.
B.
In the event a mechanical device in a business establishment is found
in a court of law to be in violation of any gambling laws of Pennsylvania,
any mechanical device found on the premises for a period of three
years shall be declared contraband and shall be confiscated by the
Township.
C.
The licensing officer shall not issue a license to any applicant,
owner or proprietor, who:
(1)
Is not a citizen of the United States of America;
(2)
Is not 21 years of age; or
(3)
Has been found guilty of or accepted accelerated rehabilitative disposition
for possessing or using a video or mechanical amusement device in
violation of the Crimes Code of the Commonwealth of Pennsylvania within
three years of the date of application.
D.
In the event any applicant, vendor or proprietor falsifies any information
on an application for a license of amusement devices or violates this
chapter, the Township shall immediately revoke all licenses issued
under this chapter to such applicant, vendor or proprietor. Moreover,
in the event the Township becomes aware that an applicant, vendor
or proprietor is convicted of possessing or using an illegal gambling
device, the Township shall revoke all licenses issued to such applicant,
vendor or proprietor.
Any person, persons, firm, partnership or corporation violating
any of the provisions of this chapter shall, upon conviction thereof
before any Magisterial District Judge be sentenced to pay a fine of
not more $600 plus costs of prosecution and may be sentenced to a
period of incarceration not exceeding 90 days, or both. Each and every
day that any machine or device is used and operated in violation hereof
shall constitute a separate and distinct summary offense under this
chapter and shall be subject to separate and distinct penalties.
