[Ord. 137, 7/5/2005]
For the purposes of this Part, the following terms shall have
the meaning provided herein, unless otherwise stated:
AMUSEMENT DEVICE
Any mechanical, electronic or computer-oriented device which,
upon insertion of a coin, currency, metal disc, slug, card, plate,
token or other means of payment, may be operated as a game, ride,
entertainment or amusement, whether or not registering a score, and
whether or not offering a prize.
(1)
This term shall include, but not be limited to, the following
devices: video, arcade and poker games; computer-oriented games; pinball
machines; bowling alleys, bowling games and machines; pool and billiard
tables; dart boards; and any amusement ride.
(2)
This term shall not include any jukebox, as defined herein,
or similar instrument; nor shall it include any vending machine which
dispenses soft drinks, cigarettes, candy, etc.; nor shall the term
include any illegal gambling device, as defined herein, or any mechanism
which has been judicially determined to be an illegal gambling device.
APPLICANT
Any person, as defined below, who seeks to obtain a license
for an amusement device or jukebox under this Part.
ILLEGAL GAMBLING DEVICE
Any device, machine or apparatus used for the playing of
poker, blackjack, keno, bingo, slots or other casino gambling games
by the insertion therein of any coin, currency, metal disc, slug,
card, plate, token or other means of payment which has or has been
modified to have a knockoff or knockdown switch or other capability
for erasing or eliminating playing credits. This term shall include
any such device that is modified or per se illegal.
JUKEBOX
Any device, machine or apparatus which plays recorded music,
whether by record, tape, compact disc or other means, by the insertion
therein of any coin, currency, metal disc, slug, card, plate, token
or other means of payment.
LICENSEE
Any person holding a valid, current license issued pursuant
to this Part.
PERSON
An individual, proprietorship, partnership, corporation,
association or other legal entity.
[Ord. 137, 7/5/2005]
No person shall have in his or her possession, at any time or
at any place within the Township, any amusement device or jukebox,
without first having procured a license therefor from the Township
Secretary.
[Ord. 137, 7/5/2005]
Prior to the expiration date of any license issued under this
Part, the holder of such license shall apply to the Township Secretary
for a license for the following year. The same provisions shall govern
the issuance of such license as are set forth in the preceding sections
of this Part.
[Ord. 137, 7/5/2005]
Periodic inspection of amusement devices and jukeboxes shall
be conducted by the Township Secretary to ensure compliance with this
Part.
[Ord. 137, 7/5/2005]
All places or establishments subject to the provisions of this
Part shall be located on the first or street floor of the building
in which they are located, unless specifically approved by the Township
Secretary.
[Ord. 137, 7/5/2005]
No idle loitering or loafing shall be permitted in or about
places of business or establishments subject to the provisions of
this Part.
[Ord. 137, 7/5/2005]
All places or establishments subject to the provisions of this
Part shall be arranged in the nature of one regular unobstructed room
without shades, screens, or partitions of any kind to interfere with
the free and unobstructed view of all parts of the room from the entrance.
[Ord. 137, 7/5/2005]
All license fees herein provided shall be collected by the Township
Secretary and turned over to the Township Treasurer.
[Ord. 137, 7/5/2005]
Any person, firm or corporation who shall violate any provision
of this Part, or fails to comply therewith, or with any of the requirements
thereof, upon conviction thereof in an action brought before a magisterial
district judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedures, shall
be sentenced to pay a fine of not less than $300 nor more than $1,000
plus costs, including reasonable attorney fees incurred by the Township,
and, in default of payment of said fine and costs, to a term of imprisonment
to the extent permitted by law for the punishment of summary offenses.
A separate offense shall arise for each day or portion thereof in
which a violation of this Part is found to exist or for each section
of this Part found to have been violated. The Township may also commence
appropriate actions in equity or other to prevent, restrain, correct,
enjoin, or abate violations of this Part. All fines and penalties
collected for violation of this Part shall be paid to the Township
Treasurer. The initial determination of ordinance violation and the
service of any required notice of violation are hereby delegated to
the Township Secretary, the Code Official/Building Inspector, the
Code Enforcement Officer, the Zoning Officer and their designees and
to any other officer or agent that the Township Secretary or the Board
of Supervisors shall deem appropriate.