[HISTORY: Adopted by the Board of Supervisors of the Township
of North Franklin 5-27-1980 by Ord. No. 80-3 (Ch. 13, Part 2, of the 1988 Code
of Ordinances). Amendments noted where applicable.]
[Amended 5-25-1982 by Ord. No. 82-1]
No person, firm or corporation, shall, at any time, have in
its or their possession within North Franklin Township, Washington
County, Pennsylvania, any mechanical device, machine or apparatus
whatsoever for the playing of games, for profit, amusement or entertainment,
whether operated by pins, pegs, balls, by electric batteries, a central
lighting system, including electronic (video) games, or by any other
device; and music boxes, phonographs, or other similar music devices,
operated through the insertion therein of a coin or any metal disk
or otherwise, without first having procured a license therefor as
hereinafter provided. This chapter shall not apply to vending machines
used primarily for the sale of food or beverages.
[Amended 6-13-1989 by Ord. No. 5-1989]
Any person, firm or corporation using or operating or causing
to be used or operated any such machine or musical device shall first
make application for a license or licenses to the Township Secretary,
on forms provided by the Township, which applications shall set forth
the name, residence, present and previous occupation of the applicant,
place where such machine or machines are to be used or played, number
and kind of machines or devices to be operated and any other information
which may be required in said application, and said application shall
be referred to the Township Police for investigation and thereafter
to the Supervisors for approval, and after approval thereof, and if
the same be approved, a license shall be issued by the Township Secretary
for each separate machine or mechanical device for the current license
period. A similar application and a similar license shall be required
for each license year or fraction thereof. In the event a machine
had to be replaced for a portion of a license year for which the license
has been paid or in the event there is a substitution of a similar
machine for a period of time during which the license has been paid,
there shall be no additional license imposed in accordance with the
schedule of licensing thereinafter set forth, but there shall be a
permit or renewal or transfer fee to be paid in the amount of $5 and
said transfer or substitution shall be made pursuant to application
on forms to be provided by the Township Secretary.
Upon the payment of the license fee herein provided, there shall
be issued to the licensee a license or tag, appropriately designating
the amusement or device so licensed, setting forth the number of the
license for each machine or device so licensed, which certificate
or tag shall be attached to the respective machine or device or be
displayed in some conspicuous place on the premises.
Nothing in this chapter shall be in any way construed to authorize,
license or permit any gambling device whatsoever or any mechanism
that has been judicially determined to be a gambling device or in
any way contrary to law, nor shall such device be used or permitted
to be used for gambling purposes.
It shall be the duty of the Township Police to regulate and
supervise the operation of all such devices and to regularly inspect
the premises where the same are being used and to require full compliance
with the law and this chapter so that the same shall not amount to
a nuisance or be used in violation of any law.
In the event that any such machines or devices are so operated
as to constitute a nuisance or in violation of any of the laws of
the commonwealth or this chapter of the Township Code, then the license
as to all machines and devices operated on the premises shall be revoked
and there shall be no rebate or return of any part of the license
fee.
[Amended 5-25-1982 by Ord. No. 82-1; 2-23-1988 by Ord. No. 1-88]
The annual license fee for each and every mechanical device set forth in § 106-1 hereof shall be as established by resolution.
[Amended 2-23-1988 by Ord. No. 1-88]
Any person, firm or corporation who shall violate any provision
of this chapter shall, upon conviction thereof, be sentenced to pay
a fine of not more than $300; and/or to imprisonment for a term not
to exceed 90 days. Every day that a violation of this chapter continues
shall constitute a separate offense.
