[Ord. 98-O-228, 12/4/1989, § 1]
The provisions of this Part are designed to promote and protect
the health, safety, morals and general welfare of the residents of
Newtown Township by regulating the installation and operation of amusement
games within the Township.
[Ord. 89-O-228, 12/4/1989, § 2]
1.
Unless
otherwise expressly stated, an "Amusement Game" means any automatic,
mechanical, electric or electronic machine or device used or designed
to be operated as a game, or for entertainment or amusement, by the
insertion of a coin, token, money or other article, or by the payment
of money to have it activated. This definition shall not include the
following:
[Ord. 89-O-228, 12/4/1989, § 3]
No person, firm, association, corporation or other entity shall
place, possess, keep, maintain, exhibit, use or operate, or permit
to be placed, possessed, kept, maintained, exhibited, used or operated,
any amusement game in or upon any building, premises, store or other
public or quasi-public place, in their possession or under their control,
within the Township of Newtown, without first obtaining a license
therefor.
[Ord. 89-O-228, 12/4/1989, § 4]
1.
Application for an amusement game license shall be made to the Township
on forms to be prescribed by the Township, which shall set forth,
among other information deemed to be required and prescribed by the
Township, the following.
A.
The name and address of the applicant, if an individual, or if a
partnership, association, or other entity, the names, residence addresses
and occupations of each member of the partnership, association, or
other entity, and if a corporation, the address of its registered
office and principal place of business, the names and addresses of
its officers and directors. The application shall include the name,
address, and written consent of the owner of the property, if the
applicant is other than the owner of the property where the amusement
games are to be located.
B.
Any prior criminal record of the applicant or of anyone associated
with the applicant as a partner, associate, agent, or employee, or
as an officer or director of a corporation.
C.
The manufacturer, name, dimensions, serial number and general description,
including a statement of ownership, of the amusement game.
D.
The address of the place where the amusement game is to be placed,
possessed, kept, maintained, exhibited, used or operated.
E.
A floor plan of the building, premises, store or other public or
quasi-public place shall be provided showing the proposed placement
of the amusement game on the applicant's premises, in form and detail
designated by the Township.
F.
Authorization of the Fire Marshal, or other duly authorized Township
official, to inspect the building, premises, store, or other public
or quasi-public place for which the application is sought.
G.
Compliance with all Township zoning requirements.
2.
Upon receipt of a properly completed and filed application, the Township
shall transmit same to the appropriate Township officials including,
but not limited to, the Chief of Police, Building and Zoning Officer
and Fire Marshall, as the Township deems appropriate, in order to
verify the accuracy of the information submitted on the application,
compliance with all local ordinances, state and federal laws, and
suitability of the applicant and the premises for an amusement game
license.
3.
An applicant whose application for an amusement game license has
been denied by the Township shall have the right to have the denial
reviewed by the Board of Supervisors upon filing a written notice
of appeal within 30 days after notice of denial.
[Ord. 89-O-228, 12/4/1989, § 5]
1.
Upon approval of an application, and payment of the proper fee, the
Township shall issue a license to the applicant for the location and
placement of an amusement game.
2.
The fee for each license shall be established by resolution of the
Board of Supervisors and may be amended by resolution from time to
time. A separate license and corresponding fee shall be required for
each amusement game upon applicant's premises. Said license shall
be issued for the calendar year commencing January 1 and expiring
December 31. Said license shall be renewed each year by the filing
of a written renewal application, accompanied by the license fee for
each renewal. The license fee for any license issued for any calendar
year after July 1 shall be 1/2 of the annual license fee.
3.
The machine sticker shall be affixed to the amusement game and displayed
in a manner approved by the Township.
[Ord. 89-O-228, 12/4/1989, § 6]
1.
A license may be transferred to a purchaser of the business where
the amusement game is located, only upon application to the Township
by the transferee, and approval of the application by the Township.
The application procedure for a transfer shall be identical to an
application for a new license. The transferee shall be required to
pay the license fee as set forth in § 505(2) of this Part,
at the time of his application for transfer.
2.
No amusement game shall be operated within any licensed establishment
without having a machine sticker affixed thereto, such machine sticker
to be issued at the time of registration. Additional machine stickers
may be purchased from the Township for the sum of $2, to facilitate
the exchange of machines. The total number of machines at any given
time shall not exceed the total number of machines for which a specific
location is registered.
[Ord. 89-O-228, 12/4/1989, § 7]
The number of amusement games permitted in any one building,
premises, store or other public or quasi-public place shall be limited
to three unless a special exception has been granted by the Zoning
Hearing Board in conformance with the provisions of the Joint Municipal
Zoning Ordinance.
[Ord. 89-O-228, 12/4/1989, § 8]
1.
There shall be not less than 30 square feet of usable floor space
on the premises for each amusement game.
2.
The holder of the license may locate the amusement games on the premises
as he wishes, subject to approval of the Township and the Township
Fire Marshal, to insure safe and adequate ingress and egress.
[Ord. 89-O-228, 12/4/1989, § 9]
An amusement game license may be issued for a building, premises,
store or other public or quasi-public place located within the following
zoning districts only:
[Ord. 89-O-228, 12/4/1989, § 10]
No amusement game shall be licensed, placed, possessed, kept,
maintained, exhibited, used or operated in any location, the entrance
or exit to which is within 600 feet of any entrance to or exit from
any school, park, playground or church, or within 300 feet of any
residential zoning district.
[Ord. 89-O-228, 12/4/1989, § 11]
1.
The owner of any amusement game within Newtown Township shall comply
with all provisions of law, ordinance, rule or regulation applicable
thereto and relating to the conduct of the business in connection
with which the game is used and maintenance of the premises where
it is located.
2.
The owner of the game shall maintain good order on the premises at
all times. The lack of good order on the premises shall include, but
not be limited to the following:
3.
Amusement games may be in operation between the hours of 10:00 a.m.
and 12:00 midnight only, subject to the following:
A.
Games shall not be operated by school age children during school
hours when schools are open.
B.
Games shall not be operated after 10:00 p.m. on Sundays through Thursdays
by any person under the age of 18 years when schools are open the
following day.
C.
Games shall at no time be operated after 10:00 p.m. by any person
under the age of 16 years unless accompanied by and under the supervision
of a parent or guardian.
D.
The aforesaid time limitations on operation shall not apply to premises
licensed for on-premises consumption of alcoholic beverages provided
persons under the legal drinking age are prohibited from operating
amusement games on the premises at all times.
4.
The owner or occupant of any premises where amusement games are located
shall maintain adequate supervision of the premises at all times when
the games are in operation. No amusement game shall be available for
use or operation, unless it is under the control of and supervision
by one or more persons over the age of 18 years who shall insure that
it is operated in compliance with this Part.
5.
Any premises where amusement games are located shall maintain a minimum
light level of not less than ten-foot candles.
6.
The interior portion of the premises, where the amusement games are
located, shall, except as hereinafter provided, be visible to the
public from the exterior of the premises. This provision shall not
apply to the premises with less than six amusement games, or to premises
licensed for on-premises consumption of alcoholic beverages.
7.
Any premises where amusement games are located which school-age children
patronize, shall provide and maintain bicycle racks or other adequate
provision for parking of bicycles.
[Ord. 89-O-228, 12/4/1989, § 12]
2.
All licenses issued pursuant to the provisions of this Part are subject
to suspension or revocation by the Township upon any of the following
conditions:
A.
Willful misrepresentation made by the license holder or his agent
in applying for the license.
B.
Conviction of the license holder for any felony or misdemeanor involving
force, violence, moral turpitude or involving any violation of this
Part or other ordinances of Newtown Township, or other State or Federal
laws pertaining to business operation.
C.
The existence of a nuisance to customers, other businesses or the
general public stemming from the operation of amusement games or from
customers, or other persons on or adjacent to the license holder's
premises. The definition of "nuisance" for the purpose of this section
shall include the violation of any provision of any ordinance of Newtown
Township or the Pennsylvania statutes.
3.
Prior to any action suspending or revoking any license, the Township
shall give the license holder written notice of such action, affording
an opportunity to the license holder to correct any such deficiencies
forming the basis for the suspension or revocation.
[Ord. 89-O-228, 12/4/1989, § 14; as amended by
Ord. 91-O-11, 7/22/1991; and by Ord. 97-O-22, 12/3/1997]
1.
Any person, firm, association, corporation or other entity who shall
violate any of the provisions of § 511, "Operation of Amusement
Games," shall be notified of such violation and given an opportunity
to correct same within a reasonable period of time as designated by
the Township.
2.
Any person, firm or corporation who, after receiving notice as herein
provided, continues to be in violation of any of the provisions of
this Part, upon conviction thereof in an action brought before a district
justice in the manner provided for the enforcement of summary offenses
under the Pennsylvania Rules of Criminal Procedure, shall be sentenced
to pay a fine of not more than $1,000 plus costs and, in default of
payment of said fine and costs, to a term of imprisonment not to exceed
90 days. Each day that a violation of this Part continues or each
Section of this Part which shall be found to have been violated shall
constitute a separate offense.
