[Ord. 2225, 3/26/2007, § 1; as amended by Ord.
2288, 4/12/2010]
1.
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, credit or debit card without first obtaining a license from
the Building Code Official. 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; token, credit or debit card.
2.
Upon the payment of the license fee provided by this Part, and if
the application fully complies with this Part, the Ross Township Building
Code Official 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 amusement 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.
[Ord. 2225, 3/26/2007, § 1]
1.
BUSINESS ESTABLISHMENT
ELECTROMECHANICAL GAMBLING DEVICE
(1)
(2)
(3)
(4)
PROPRIETOR
As used in this Part, certain
terms are defined as follows:
Any retail, manufacturing, wholesale, institutional, educational,
religious, governmental or other nonresidential establishment, whether
or not in operation.
Any electronic amusement device which:
Is activated by the insertion or exchange of consideration such
as a coin, token or currency.
Is a game of chance not requiring any skill or manual dexterity
in order to receive a reward as extra playing credits.
Has the ability to, or be converted to, knockdown or eliminate
playing credits.
Is a similar type, brand or model, of an electromechanical video
display device which simulates the game of poker utilizing the rules
that govern the card game of poker; or simulates slot machines consisting
of rolling wheels stopping on numbers, foods, fruits, X's and
O's, animals or other items which offer a winning line combination
of the aforementioned; or simulates the game of bingo; or any other
type of games of chance used in casino style gambling.
The person who owns the business establishment and controls
the ingress and egress of the business establishment in which any
mechanical or electronic device is placed for the use, patronage or
recreation of the public or of persons in or about the place.
[Ord. 2225, 3/26/2007, § 1]
1.
The following information is required:
B.
Devices.
(1)
Name, address and telephone number of owner of each device:
(a)
A list provided by the device owner on January 1 of each year
of the names and locations of each mechanical device and jukebox located
within the Township.
(b)
If the owner is a corporate entity or partnership, name, address
and telephone number of each individual owning in excess of 5% of
the corporate entity or partnership, and each individual lending in
excess of $500 to the corporate entity or partnership.
(2)
The type and fee for each machine, video or mechanical device,
pool table, juke box or apparatus pursuant to this Part to be located
on the premises.
C.
Certification.
(1)
A certification by the applicant, owner and proprietor that
the facts set forth in the application are true and correct to the
applicant's, owner'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.
(2)
That applicant, owner and proprietor, have been provided a copy
of this Part and that the applicant, owner and proprietor have read
and agree to be bound by all terms and provisions hereof.
(3)
That Ross Township shall notify the appropriate law enforcement
officials of the use or possession of modified or other illegal gambling
devices, whether or not such devices are licensed.
[Ord. 2225, 3/26/2007, § 1]
1.
Nothing in this Part shall authorize, license or permit any gambling
devices, or any mechanism that has been judicially determined to be
a gambling device, or that is in any way contrary to present or future
law.
[Ord. 2225, 3/26/2007, § 1; as amended by Ord.
2288, 4/12/2010]
1.
The annual fee for the issuance of a license to maintain a mechanical
or electronic amusement device that is not a ride or a juke box or
an electromechanical gambling device shall be in an amount as established
from time to time by resolution of the Board of Commissioners.
2.
The annual fee for a juke box shall be in an amount as established
from time to time by resolution of the Board of Commissioners.
3.
The annual fee for an electromechanical gambling device as described in § 13-402 shall be in an amount as established from time to time by resolution of the Board of Commissioners.
4.
The annual license fee for proprietors with places containing pool
or billiard tables shall be in an amount as established from time
to time by resolution of the Board of Commissioners.
5.
Licenses shall be obtained and posted prior to or simultaneous with
establishing or maintaining any device described in this Part. The
license term shall be from January 1 through December 31. A late fee
in an amount as established from time to time by resolution of the
Board of Commissioners shall be assessed for each device on the premises
if the license is not obtained prior to January 1 of each year, or
prior to or simultaneous with the first date establishing or maintaining
the mechanical or electronic device.
6.
The Board of Commissioners shall be empowered to reevaluate these
fees and make necessary adjustments which shall not be considered
as an amendment to this Part, and may be adopted at any public meeting
by resolution.
[Ord. 2225, 3/26/2007, § 1]
1.
The responsibility to insure that each premise containing the devices
is licensed shall be joint and severable. Where the owner of the premise
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.
2.
The owner of each device shall prominently display on each device
through a decal or other method, his company name and business address.
3.
The licensee, upon applying for and being granted such license, thereby
permits all Ross Township inspectors the right to inspect the premises
for violation of any law, statute or ordinance.
[Ord. 2225, 3/26/2007, § 1]
In the event an owner of a device, or person listed pursuant to § 13-403, Subsection 1B(1)(b), 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 license officer shall revoke each Township license which had been issued to such person and each Township license for machines owned by such person.
[Ord. 2225, 3/26/2007, § 1; as amended by Ord.
2288, 4/12/2010]
Any person, proprietor, partnership, firm or corporation violating
any of the provisions of this Part, upon conviction thereof, 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 30 days. Each day that a violation of this Part continues
shall constitute a separate offense.
