[HISTORY: Adopted by the City Council of the City of Shamokin 10-11-1982 by Ord. No. 284 (Ch. 33A of the 1967 Code). Amendments noted where applicable.]
No person shall have at any time in his possession within the
City of Shamokin any mechanical amusement devices upon which games
are played or activities are conducted through the insertion of a
coin, metal disk, slug, token or otherwise activated through exchange
of legal tender or other manner without first having procured a license
as provided in this chapter.
As used in this chapter, the following terms shall have the
meanings set forth therein unless the context indicates to the contrary:
Any device, other than a jukebox, which, upon the insertion
of a coin, slug or token, may be operated for use as a game, entertainment
or amusement, whether or not registering a score and whether or not
a prize is offered. Such term does not include any gambling device
or any mechanism that has been judicially determined to be a gambling
device. This definition does not include:
Rides.
Bowling alleys, except coin-operated bowling machines.
Any device maintained within a residence for the use of the
occupants thereof and their guests, provided that the same is on a
noncommercial basis and is in compliance with other ordinances.
Any device, the possession or use of which is prohibited by
law.
Any coin-operated machine which solely dispenses food, soda,
candy, cigarettes or any other items for commercial consumption or
use.
A record owner, contract purchaser, lessee, assignee, bailee,
receiver or trustee.
Any natural person, association, copartnership, partnership,
firm or corporation.
A.
Any person required to procure a license as provided in § 127-1 shall apply for same in writing to the Clerk of the City of Shamokin. Application shall be signed by the applicant(s) and shall set forth the name(s) and residence(s) of the person(s) conducting the operations of the mechanical amusement devices and applying for a license, together with the present occupation of the applicant(s) and the name and address of the owner of the premises upon which the mechanical amusement device(s) is to be installed and used. If the owner of the premises is not the applicant, the applicant shall set forth the length of time for which the premises has been leased to the occupant.
B.
The application for each separate premises upon which mechanical
amusement devices are to be installed shall contain a nonrefundable
application processing fee of $50.
C.
Neither the application processing fee nor the license fee for mechanical
amusement devices at a specific location shall be transferable to
another premises, except one authorized under this chapter.
D.
All owners or operators of present facilities, as existing, shall
be required to submit an application for a license and to make payment
of the license application fee within 30 days of the date of the adoption
of this chapter.
No license shall be granted until a period of seven days has
elapsed from the date of receipt of the application completed in full
and satisfying all of the requirements set forth above, during which
time the Clerk may cause investigation of the facts and the number
of the machines set forth in the application to be made through the
City Code Enforcement Officer or the City Police.
A.
No license shall be issued until the annual fee shall have been paid
to the City in the following amounts:
(1)
For one through five mechanical amusement devices: $75 per device.
[Amended 5-12-2008 by Ord. No. 08-02]
(2)
For six through 10 mechanical amusement devices: $40 per device.
(3)
For 11 through 15 mechanical amusement devices: $30 per device.
(4)
For 16 through 20 mechanical amusement devices: $20 per device.
(5)
For 21 and above mechanical amusement devices: $10 per device.
B.
The amount listed above shall be a license fee until December 31
of each year.
C.
For the year 1982, the license fees listed above will be prorated,
based upon the date of the adoption of this chapter.
A.
Upon payment of the license fee provided by § 127-5 above, the City Clerk shall issue a certificate of license setting forth:
(1)
The name of the City.
(2)
The number of the certificate.
(3)
The name and address of the person paying the tax.
(4)
The year for which the tax shall have been paid.
(5)
The date on which such tax shall have been paid.
(6)
The number of mechanical amusement devices for which the tax shall
have been paid.
(7)
The amount of tax paid.
B.
The person to whom the license certificate is issued shall display
said license certificate in a prominent manner within the premises
licensed so that it may be clearly identified upon inspection.
It shall be the responsibility of the owner of the business
conducted to apply for the annual license and make payment thereon
to the City of Shamokin by no later than January 31 of each year following
the date of initial issuance.
Any person found guilty of a violation of this chapter, upon
conviction thereof for a summary offense before the Magisterial District
Judge, shall be sentenced to pay a fine of not more than $300 and
costs of proceedings and, in default of payment of the fine and costs,
shall be imprisoned in the Northumberland County Jail for a term not
to exceed 30 days, provided that each day that any machine or device,
under the terms of this chapter, shall be operated and used in violation
of this chapter shall constitute a separate and distinct offense under
the terms of this chapter and shall be subject to separate and distinct
penalties under this section.
If any clause, sentence, paragraph or part of this chapter or
its application shall be adjudged by any court to be invalid, such
judgment shall not affect, impair or invalidate the remainder of this
chapter or the application thereof.
This chapter shall take effect immediately upon passage thereof
as required by law and the adoption by City Council.
