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:
MECHANICAL AMUSEMENT DEVICE
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:
B.
Bowling alleys, except coin-operated bowling machines.
C.
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.
D.
Any device, the possession or use of which is prohibited by
law.
E.
Any coin-operated machine which solely dispenses food, soda,
candy, cigarettes or any other items for commercial consumption or
use.
OWNER
A record owner, contract purchaser, lessee, assignee, bailee,
receiver or trustee.
PERSON
Any natural person, association, copartnership, partnership,
firm or corporation.
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.
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.