[Adopted 2-19-1941 by Ord. No. 642 (Ch. 13, Part 5, of the 1996 Code
of Ordinances)]
No person or persons, firm or corporation, either as principal
or agent (hereinafter called "operator"), shall at any time operate
or cause or permit to be operated, if within the operator's control,
anywhere within the Borough any pinball machine, machine operated
as a game of skill or other machine played for amusement through the
insertion therein of a coin or any other disc, slug or token whatsoever,
without first having procured a license therefor from the Borough
Manager.
[Amended 11-20-1950 by Ord. No. 703; 1-21-1980 by Ord. No. 995; 1-29-1982 by Ord. No. 1013]
No license shall be issued until an annual fee therefor shall
have been paid by the operator to the Borough in an amount to be established
from time to time by resolution of Borough Council for each machine
so installed and used under the terms of this article in the Borough,
which amount paid as aforesaid shall be a license fee until December
31 of each year. However, should any such machine be installed after
July 1 of any year, and application therefor be made after said date,
then in such event the license fee for that particular year shall
be in an amount established from time to time by resolution of Borough
Council for each machine until December 31.
Upon the payment of the license fee provided by this article,
the Borough Manager shall issue to the operator applying therefor
a nontransferable license licensing the operator to operate the number
of machines therein specified in the therein specified place of business
of the operator, provided that the operator shall not be required
to secure a new license when one machine is replaced by another, so
long as the operator is licensed to operate the total number of machines
in his place of business.
The Borough police shall make periodic inspections of machines
so licensed.
[Amended 9-25-1974 by Ord. No. 926]
Nothing in this article shall in any way be construed to authorize,
license or permit any gambling devices whatsoever, or any machine
that has been judicially determined to be a gambling device, or in
any way contrary to law or that may be contrary to any future laws
of the Commonwealth of Pennsylvania. The licenses granted under this
article shall be exhibited on request of the Mayor or any police officer
of the Borough, and the Mayor may suspend any license herein granted
when he deems such suspension to be of benefit to the public health,
safety or morals, and when so suspended, the unearned portion of the
license fee shall be returned to the operator. Provided that any operator
whose license shall have been suspended by the Mayor may, within seven
days thereafter, appeal therefrom to the Borough Council.
[Amended 2-19-1996 by Ord. No. 1159]
Any operator violating any of the provisions of this article
shall be subject to a fine of not less than $5 nor more than $600
plus costs and, in default of payment of said fine and costs, to a
term of imprisonment not to exceed 30 days. Each and every day that
any machine under the terms of this article shall be operated in violation
hereof shall constitute a separate and distinct offense under this
article and shall be subject to separate and distinct penalties hereunder.
