[Ord. 156, 10/27/1981, § 100.01]
1. 
When used in this Part and unless otherwise distinctly expressed, the following words and phrases shall have the meanings set out herein:
INSIGNIA
Any tag, plate, emblem, sticker, certificate or any other similar device which may be required for any use in connection with any license.
LICENSEE
A license holder for any use or period of time of any special privilege granted relevant to any provision of this Part.
LICENSE OFFICER
The Secretary of the Township, and/or any other individuals as named by the Board of Supervisors of the Township. Said license officer is hereby empowered to delegate any authority granted him to any other officer or employee of the Township.
[Ord. 156, 10/27/1981, § 100.02]
1. 
Compliance Required. No person, either directly or indirectly, shall conduct any business or nonprofit enterprise or use in connection therewith any vehicle, premises, machine or device, in whole or in part for which a license is required by any law or ordinance, without first obtaining such license and keeping it in effect at all times as required by law or ordinance; no person under 18 years of age shall be entitled to such a license.
[Ord. 156, 10/27/1981, § 100.03]
1. 
Duties. The license officer shall collect all license fees and issue all licenses in the name of the Township to all persons qualified under the provisions of this Part and shall do the following:
A. 
Make Rules. Promulgate and enforce all reasonable rules and regulations necessary to the operation and enforcement of this Part.
B. 
Adopt Forms. Adopt all forms and prescribe the information to be given therein.
C. 
Investigate. Investigate and determine the eligibility of any applicant for a license as prescribed herein.
D. 
Examine Records. Examine the books and records of any applicant when reasonably necessary to the administration and enforcement of this Part.
E. 
Give Notice. Notify any applicant of the acceptance or rejection of his application and deliver written reasons for denial at the applicant's request.
[Ord. 156, 10/27/1981, § 100.04]
1. 
General Standards to Be Applied. The general standards herein set forth shall be considered and applied by the license officer before awarding a license:
A. 
License History. The license history of the applicant; whether such person, in previously operating in this or another state under a license has had such a license revoked or suspended and the reasons thereof.
B. 
No Township Obligations. Each applicant shall not be in default under the provisions of this Part nor indebted nor obligated in any manner to the Township except for current taxes.
C. 
Compliance with Building and Zoning Laws. Each applicant shall certify to his knowledge that he is not in violation of any Township building or zoning laws and that the grant of the license sought does not violate such laws.
[Ord. 156, 10/27/1981, § 100.06]
1. 
The license officer shall not issue a license if it is determined that the licensed activity at the proposed location:
A. 
Will be detrimental to or endanger the public health, safety, morals, comfort or general welfare.
B. 
If the proposed use will be injurious to the use and enjoyment of other property in the immediate vicinity of the proposed use.
C. 
If the premises are not of a nature and type that are suitable for the licensed activity.
[Ord. 156, 10/27/1981, § 100.07]
1. 
License fees shall be in the amounts established in the applicable sections of this Part.
A. 
Adjustment. The license officer shall require an increase in fee when the status of a licensee changes to place him in a classification imposing such increase in fee.
B. 
Rebate. No rebate or refund of any license fee or part thereof shall be made for any reason except if the fee or any part thereof was collected through an error.
[Ord. 156, 10/27/1981, § 100.08]
1. 
Each license issued shall state upon its face:
A. 
The name of the licensee and any other name under which such business is to be conducted.
B. 
The kind and address of each business so licensed.
C. 
The amount of license fee.
D. 
The date of issuance and expiration.
E. 
Such other information as the license officer determines is necessary.
[Ord. 156, 10/27/1981, § 100.09; as amended by Ord. 418, 1/29/2014]
1. 
General Standards of Conduct. Every licensee under this Part shall:
A. 
Permit Inspection. Permit all reasonable inspections of his business and examinations of his books by public authorities authorized by law.
B. 
Comply with Governing Law. Ascertain and at all times comply with all laws, ordinances and regulations applicable to such licensed business.
C. 
Operate Properly. Avoid all forbidden, improper or unnecessary practices or conditions which do or may affect the public health, morals or welfare.
D. 
Cease Business. Refrain from operating the licensed businesses on premises after license expiration and during any period of revocation or suspension.
2. 
Display of License and/or Insignia. Every licensee shall display or affix such license or insignia as is hereinafter required or may be required by the license officer.
3. 
New Location Desired. A licensee shall have the right to change the license of the proposed business provided he shall:
A. 
Approval of License Officer. Obtain written permission from the license officer for such change of location.
B. 
Payment of Fee. Pay a removal fee, in an amount as established from time to time by resolution of the Board of Supervisors, to the license officer.
[Ord. 156, 10/27/1981, § 100.10]
A license is not transferable to another person, and is not otherwise transferable except as may be expressly provided elsewhere in this Part.
[Ord. 156, 10/27/1981, § 100.11]
1. 
Inspections. The following persons, hereinafter called "inspectors," are authorized to conduct inspections in the manner prescribed herein:
A. 
License Officer. The license officer shall make all investigations reasonably necessary to the enforcement of this Part.
B. 
Authorized Officials. The license officer shall have the authority to order the inspection of licensees, their businesses and premises, by all Township officials having duties to perform with reference to such licensees or businesses.
C. 
Police Officers. All police officers shall inspect and examine businesses located within their respective jurisdictions to enforce compliance with this Part.
2. 
Authority of Inspectors. All inspectors shall have the authority to enter premises to inspect for violation of any provision of this Part. Persons inspecting licensees, their businesses or premises as herein authorized shall report all violations of this Part or of other laws or ordinances to the license officer and shall submit such other reports as the license officer may require.
[Ord. 156, 10/27/1981, § 100.12]
When a person knowingly allows another person who has not obtained a license to use his premises for an activity requiring a license under this Part, the person who allows his premises to be so used shall be liable for any applicable fees required herein.
[Ord. 156, 10/27/1981, § 100.13]
1. 
Any license issued pursuant to the provisions of this Part may be revoked or suspended by the license officer for any of the following reasons:
A. 
Fraud, misrepresentation or false statement contained in the license application.
B. 
Fraud, misrepresentation or false statement made in the course of carrying on the business.
C. 
Violation of any provision of this title or rules or regulations duly made in accordance therewith.
D. 
Conviction of any crime or misdemeanor involving moral turpitude.
E. 
Conducting the business or using any vehicle, premises, machine or other device in connection therewith in an unlawful manner or in such a manner as to constitute a breach of peace or a menace to the health, safety or general welfare of the public.
F. 
Obstruction of or denial of entry for authorized inspections.
G. 
Violation of any Township building or zoning laws, or rules or regulations duly made in accordance therewith.
2. 
The license officer shall revoke the license of any licensee whose license was suspended twice within any one year's period of time and no new license or reinstatement or renewal shall be approved or issued for one year from the revocation date.
[Ord. 156, 10/27/1981, § 100.14]
1. 
Any person aggrieved by any action of the license officer may request a hearing before the license officer within 10 days following the effective date of any action complained thereof. The appeal shall set out a copy of the order or decision appealed from and shall include a statement of the facts forming the basis of the appeal.
2. 
A copy of such appeal shall be filed by the appellant with the license officer at the time of filing. The license officer shall notify the aggrieved party of the date and place of hearing within five days of receipt of the appeal, and the hearing shall be held within 15 days from date of appeal.
[Ord. 156, 10/27/1981, § 100.15; as amended by Ord. 418, 1/29/2014]
Whoever violates any provision of this Part, 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 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.
[Ord. 156, 10/27/1981, § 200.01; as amended by Ord. 274, 4/12/1994, § 1]
1. 
No person shall set up, establish, or cause to be set up or established, or exhibit, display or maintain for the purpose of gaining advantage or profit within the Township 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 a coin or any other metal disc, slug or token, including, but not limited to, pinball machines, jukeboxes; and video games, without first obtaining a license from the license officer.
2. 
This Part is not applicable to devices, machines or apparatus where the cost, price or consideration for playing one game is less than $0.05.
3. 
This Part is not applicable to devices normally referred to as "video poker machines."
[Ord. 156, 10/27/1981, § 200.02]
1. 
In addition to the information required in § 13-208, the following information is required:
A. 
Names and addresses of applicants and length of residence at each address.
B. 
Previous occupations of any applicant.
C. 
Name of premises owner where machines are to be used and installed and lease term, if applicable.
[Ord. 156, 10/27/1981, § 200.03]
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. 156, 10/27/1981, § 200.04; as amended by Ord. 274, 4/12/1994, § 2; and by Ord. 418, 1/29/2014]
1. 
The annual fee for a license for every mechanical or electronic amusement device as regulated by this Part shall be in an amount as established, from time to time, by resolution of the Board of Supervisors. The annual fees may be modified by resolution of the Board of Supervisors of North Fayette Township without the necessity of amending this Part.
2. 
Each mechanical or electronic amusement device shall bear a sticker or emblem issued by the license officer.
3. 
A mechanical or electronic amusement device licensed herein may be removed to another location after the licensee notifies the license officer and pays a relocation fee, in an amount as established, from time to time, by resolution of the Board of Supervisors.
[Ord. 156, 10/27/1981, § 200.05; as amended by Ord. 418, 1/29/2014]
Failure of any individual to comply with the provisions of this Part, 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 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.