[Ord. 215, 11/22/1993, § 1]
This Part shall be known and may be cited as "Dublin Borough
Video Game Room/Pinball Arcade and Video Game and Pinball Machine
Ordinance."
[Ord. 215, 11/22/1993, § 2]
Borough of Dublin, Bucks County, Pennsylvania.
Proprietor, lessee, manager or employee of any video game
room/pinball arcade or business.
Building, or a part of a building where video game or pinball
machines are located, under the ownership or control of the operator.
Any mechanical or electrical device which provides amusement,
or entertainment, which may be operated or set in motion upon the
insertion of a coin or token. This definition shall not include jukeboxes,
telephone devices, or machines that sell merchandise.
Any place of business or establishment or any structure containing
four or more video game or pinball machines.
[Ord. 215, 11/22/1993, § 3; as amended by Ord.
256, 5/24/2004]
1.
No video game or pinball machine shall be installed, operated or
maintained in any store, shop, tavern, restaurant or other place of
business, or in or about any private club or organization, or in or
about any structure unless the proprietor of the premises shall have
first obtained a license for that purpose from the Borough Manager.
2.
As of the effective date of this Part, the Borough Manager may issue to said proprietor a license as provided for in Subsection 1 above, provided that one machine shall be allowed for the first 200 square feet of floor area. For the purposes herein, floor area shall be defined as the floor area within a structure intended to be used by patrons, guests, members, parishioners, clients or customers. Additionally, said machine(s) shall be permitted on the premises only in conformance with the provisions of the Dublin Borough Zoning Ordinance, as amended [Chapter 27].
3.
The requirements set forth in Subsection 2 hereof shall not be applicable to machine(s) which are used in educational facilities.
4.
Any licensee pursuant to Subsection 1 herein above who would not be in conformance with the provisions as set forth in Subsection 2 hereof as of the effective date of this Part shall be permitted to continue said non-conformance beyond the effective date of this Part; provided, that no additional skill amusement machine license shall be granted to said licensee which would increase said non-conformance. However, any provisions to the contrary herein contained notwithstanding, a video game or pinball machine licensee shall be procured as required herein.
5.
Every person, firm, or corporation desiring to obtain a video game or pinball machine license as required by Subsection 1 hereof shall annually file a written application to the Borough Manager on forms provided by the Borough, together with such fee as may be hereafter established, from time to time by resolution of Borough Council. The license shall be prominently displayed on the premises in a conspicuous place near the entrance. Prior to any additional machines being installed on the premises, a new license shall be procured.
6.
Before any video game or pinball machine license shall be issued,
an inspection of the premises shall be made by the Zoning Officer,
who shall determine that all requirements of Borough ordinances have
been met.
7.
The Borough Manager, upon receiving such an application, if presented
in due form and upon being advised by the Zoning Officer and Building
Inspector that said premises conforms to the requirements hereof,
shall grant such video game or pinball machine license to the applicant
for a term expiring on the 31st day of December of each year. All
such licenses shall be in such form as the Borough Council may prescribe
and shall contain the name and address of the business, the date of
expiration of said licenses, the number of machines permitted, and
shall be authenticated by the signature of the Borough Manager. All
licenses shall be issued to a specific person, firm, or corporation
and for a specific location.
[Ord. 215, 11/22/1993, § 4; as amended by Ord.
256, 5/24/2004]
1.
No video game room/pinball arcade shall be established, maintained, or conducted in the Borough of Dublin by any person, firm, or corporation without first obtaining a license to operate such a place from the Borough Manager and no operator, as defined herein, shall allow or permit the use of four or more video game or pinball machines unless a video game room/pinball arcade license for such use shall have been obtained from the Borough Manager. For the purpose of "use" under the Zoning Ordinance [Chapter 27] this use shall be deemed to be an "entertainment" use. Any additional use(s) require additional zoning approval.
2.
Every person, firm, or corporation desiring to obtain a license for
a video game room/pinball arcade as required by this Part shall file
a written application to the Borough Manager on forms provided by
the Borough, together with an application fee in such amount as may
be established, from time to time, by resolution of Borough Council.
In addition to the aforementioned application fee, said application
shall also be accompanied by a fee for each video game or pinball
machine to be situated on said premises in an amount as may be established,
from time to time, by resolution of Borough Council.
3.
Each operator or licensee shall, at all times, display the video
game room/pinball arcade license granted hereunder in a conspicuous
place near the entrance to the licensed establishment.
4.
Before any license for a video game room/pinball arcade shall be
issued, inspection of the premises shall be made by the Zoning Officer
and Building Inspector. Before such licenses shall be issued, the
Zoning Officer and Building Inspector shall determine that the applicant
has conformed to all requirements of Borough ordinances.
5.
The Borough Manager, upon receiving application for a license for
a video game room/pinball arcade, if presented in due form and upon
being advised by the Zoning Officer and Building Inspector that said
premises conform to the requirements of Borough ordinances, shall
grant such video game room/pin-ball arcade license to the applicant
for a term expiring on the 31st of December of each year. All such
licenses shall be in such form as the Borough Council may prescribe
and shall contain the name and address of the business, number of
machines permitted, and the date of expiration of said license, and
shall be authenticated by the signature of the Borough Manager. Prior
to any additional machines being installed on the premises a new license
shall be procured.
6.
All licenses shall be issued to a specific person, firm, or corporation
and for a specific location and shall be non-transferable.
[Ord. 215, 11/22/1993, § 5]
1.
No video game room/pinball arcade licenses shall be issued:
A.
Where the individual operator, managing agent of a corporation, or
active partner or employee or lessee is the subject of a report of
criminal history record information which indicates he/she has been
convicted, within five years immediately preceding the date of the
report, of any of the following offenses:
(1)
An offense under one or more of the following provisions of
Title 18 of the Pennsylvania Consolidated Statutes:
(b)
Section 2702 (relating to aggravated assault).
(c)
Section 2901 (relating to kidnaping).
(d)
Section 2902 (relating to unlawful restraint).
(e)
Section 3121 (relating to rape).
(f)
Section 3122 (relating to statutory rape).
(g)
Section 3123 (relating to involuntary deviate sexual intercourse).
(h)
Section 3126 (relating to indecent assault).
(i)
Section 3127 (relating to indecent exposure).
(j)
Section 4303 (relating to concealing death of child born out
of wedlock).
(k)
Section 4304 (relating to endangering welfare of children).
(l)
Section 4305 (relating to dealing in infant children).
(m)
A felony offense under Section 5902(6) (relating to prostitution
and related offenses).
(n)
Section 5903(c) or (d) (relating to obscene and other sexual
materials).
(o)
Section 6301 (relating to corruption of minors).
(p)
Section 6312 (relating to sexual abuse of children).
(2)
An offense designated as a felony under the act of April 14,
1972 (P.L. 233, No. 64), known as "The Controlled Substance, Drug,
Device and Cosmetic Act."
(4)
Violation of liquor control laws.
C.
For any premises that have living quarters with direct entry to the
premises.
[Ord. 215, 11/22/1993, § 6]
1.
No operator of a video game room/pinball arcade or no licensee for
a video game room/pinball arcade shall open the licensed premises
for business between the hours of 11:00 p.m. and 7:30 a.m. (local
time) or permit noise or entertainment to escape the premises in excess
of 75 decibels.
2.
There shall be an attendant on duty on the premises at all times
that a licensed premises shall be open for business. Such attendant
shall be age 18 years or older.
[Ord. 215, 11/22/1993, § 7]
Any license issued in accordance with the provisions of this
Part may be renewed for an additional year on the same terms and subject
to the same requirements as provided herein for an original license.
Whenever the holder of said license desires to affect a change in
the place of doing business, he shall make application for the required
license for such new place in the same manner as in the first instance.
Furthermore, the application for renewal of an existing license shall
be subject to the same application fee and other fees as an application
for an initial license. No license issued pursuant to this Part shall
be assignable or transferable nor shall any person nor entity excepting
the person or entity to which it was issued be permitted to do business
thereunder either directly or indirectly.
[Ord. 215, 11/22/1993, § 8]
The Borough Council shall have the right to revoke any license
once granted when it appears to its satisfaction that any operator
or licensee has caused or allowed on the premises, or within its immediate
surroundings, any violation of this Part, any other ordinance of the
Borough of Dublin or statute of the Commonwealth of Pennsylvania or
of the United States involving any offenses listed in § 105.
The revocation of any license shall not be made without the opportunity
for a hearing. Notice shall first be given to the operator or licensee
setting forth the time and place of hearing and the reasons for such
revocation, upon receipt of a written request for a hearing from such
operator or licensee pursuant to Local Agency Law, 2 Pa.C.S.A. § 501
et seq. All requests for hearings shall be made in writing within
10 days of the date of notice of revocation of a license.
[Ord. 215, 11/22/1993, § 9]
Any application for license not acted upon by the Borough Manager
within 30 days from the date of application shall be deemed to be
denied. Any applicant refused the issuance of a license shall have
the right to have a hearing before the Borough Council pursuant to
Local Agency Law, 2 Pa.C.S.A. § 501 et seq. No hearing shall
be scheduled unless requested in writing by an applicant refused the
license within 10 days of the denial of the license. Upon request
for a hearing, the Borough Manager of the Borough of Dublin shall
give written notice to the applicant of the time and place of the
hearing and the reasons for the denial of the license.
[Ord. 215, 11/22/1993, § 10]
All fees set forth herein may be changed from time to time by
the Borough Council by Resolution.
[Ord. 215, 11/22/1993, § 11; as amended by Ord.
256, 5/24/2004]
Any person, firm or corporation who shall violate any provision
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.
