This Part 1 shall be known and may be cited as the “Amusement Device Regulations.”
The following words and phrases when used in this Part 1 shall have the meaning hereby ascribed to them, except in those instances where the context clearly indicates a different meaning.
Any machine which, upon the insertion of a coin, slug, token,
plate or disc, may be operated by the public generally for use as
a game, entertainment or amusement, whether or not registering a score.
It shall include such devices as electronic games, pin-ball machines,
skill ball, mechanical grab machines and all games, operations, or
transactions, similar thereto under whatever name they may be indicated.
The term does not include vending machines in which there are not
incorporated gaming or amusement features, nor does the term include
any coin-operated musical device or rides.
The person, partnership, association, or corporation operating
a business establishment at which amusement devices are displayed
for public patronage.
The premises at which a business is located, having direct
ingress and egress to the outside and meeting all applicable zoning
and building codes regulating such commercial premises.
103.1.
No person, partnership, association or corporation shall display an amusement device for public patronage in the Municipality without first having obtained an amusement device establishment permit and an amusement device license from the Municipality pursuant to the provisions of this Part 1 of this Chapter and Part 1 (Fire Prevention) of Chapter 4 of the Code. The initial amusement device establishment permit fee shall be $25 per establishment and $25 for each subsequent renewal and the amusement device license fee shall be as set forth in §8-107.
103.2.
Nothing in this Part 1 of this Chapter shall in any way be construed to authorize, license or permit any gambling or gambling devices not permitted by state or local law. Any Amusement Device Establishment Permit issued under this Part 1 may be revoked if the operation of such establishment constitutes a public nuisance.
104.1.
Application for an amusement device
establishment permit and amusement device license shall be made to
the Municipal Secretary and Manager or his authorized representative
on forms prescribed by him, and shall state the following:
104.1.1.
The name, address and occupation of the applicant, if an individual,
or if a partnership, association, or other entity, the names, addresses
and occupations of each member of the partnership, association, or
other entity, or if a corporation, its name, its place of incorporation,
its principal place of business, the principal type of business in
which it is engaged, and the names and addresses of each of its officers
and directors.
104.1.2.
The name under which the establishment is being operated and the
location of the same.
104.1.3.
The owner of the business and the owner of the property.
104.1.4.
The number and type of machines sought to be licensed.
104.1.5.
The owner of the machines sought to be licensed.
104.1.6.
A floor plan in a form and detail satisfactory to the Chief Inspector,
showing the proposed placement of amusement devices on the applicant’s
premises in conformance with the criteria governing their placement
and operation.
104.2.
The Municipal Secretary and Manager shall transmit the license
and permit applications and the floor plan to the Chief Inspector,
the Chief of Police and the Fire Chief for further inspection and
investigation of the applicant’s fitness to obtain an amusement
device license and permit.
104.3.
“Fitness” of the applicant shall consist of the
following:
104.3.1.
Compliance by applicant with all applicable municipal, county and
Commonwealth laws pertaining to operation of applicant’s business.
104.3.2.
No prior convictions of applicant (including, where applicable, all
officers, directors, partners, or other joint business ventures),
for any felonies or misdemeanors involving force, violence or moral
turpitude.
In order to obtain an amusement device establishment permit under this Part 1 of this Chapter, applicant’s amusement device(s) must be an authorized accessory use in a C General Commercial District or C-1 Central Commercial District as defined in Chapter 20, Part 6, or be located in a Municipal Facility, as defined in Chapter 20, Part 1, in any Zoning District. No amusement devices may be operated within 300 feet of a school as defined in Chapter 20, Part 1.
107.1.
The Municipal Secretary and Manager shall issue an amusement device establishment permit and amusement device license if the applicant has demonstrated compliance with the requirements as set forth in this Part 1 of this Chapter, as well as with all other pertinent municipal, county and Commonwealth codes, and has paid the proper fees.
107.2.
The initial fee for the amusement device license shall be $300
per amusement device upon applicant’s business premises. The
license fee for each subsequent renewal of an applicant’s license
shall be $300 per amusement device.
107.3.
The fee for any license issued less than six months prior to
the expiration date of such license shall be $150.
107.4.
The permit and license shall contain the signature and seal
of the Municipal Secretary and Manager and show the name and address
of the license, the type of amusement device located on the premises,
the number of devices authorized for that location, the amount of
fee paid, the date of issuance, the date of expiration, and the license
number. The permit and license shall, at all times, be prominently
displayed in public view on the premises.
107.5.
Schedule of fees. The Commission shall be empowered to re-evaluate
the fee schedule from time to time to make necessary alterations to
it. Such alterations shall not be considered an amendment to this
chapter, and may be adopted at any public meeting by resolution.
108.1.
All Permits and licenses issued under this Part 1 of this Chapter shall expire on the eighth day of February of each year. An application for renewal shall be filed with the Municipal Secretary and Manager or his authorized representative, on forms prescribed by him, at least 10 days prior to the expiration date of the Permit or license. In the application the Permit or license holder shall alert the Municipality as to any changes in the information contained in the initial application or floor plan submitted for that establishment or amusement device.
108.2.
A Permit or license shall expire prior to the date specified
in §108.1 upon the occurrence of any of the following conditions:
108.2.1.
Discontinuance of the Permit holder’s business;
108.2.2.
Removal of licensed amusement devices from the business premises;
108.2.3.
Transfer or sale of the business to another individual, partnership,
corporation or other entity.
|
Upon expiration under this Section, a Permit or license may be renewed only after compliance with the procedures established by this Part 1 of this Chapter for the issuance of the original Permit or license.
|
A license or permit shall not be transferable from person to
person nor place to place, and shall be useable only at the place
and by the person designated on the license or permit.
110.1.
All licenses and permits issued pursuant to the provisions of this Part 1 of this Chapter are subject to suspension or revocation by the Municipal Secretary and Manager upon occurrence of any of the following conditions:
110.1.1.
Willful misrepresentation made by the license or permit holder or
his agent in applying for the license or permit.
110.1.2.
Conviction of the license or permit holder for any felony or misdemeanor
involving force, violence, moral turpitude, or involving any violation
of this Chapter.
110.1.3.
The existence of a nuisance to customers, other businesses or the
general public stemming from the operation of amusement devices on
the license or permit holder’s premises. The definition of “nuisance”
for the purpose of this Section shall include the violation of any
provision of any municipal, county or Commonwealth codes.
110.2.
Prior to any action suspending or revoking any license or permit,
the Municipal Secretary and Manager shall give the license or permit
holder written notice of such action, affording an opportunity to
the license or permit holder to correct any such deficiencies forming
the basis for the suspension or revocation.
In determining whether to issue, renew, suspend or revoke an amusement device license or permit, the Municipal Secretary and Manager, the Chief of Police, the Chief Inspector, the Fire Chief, or their authorized representatives may make an investigation of the premises and the applicant during normal business hours to determine the veracity of statements set forth in the application and compliance with the provisions of this Part 1 of this Chapter.
Any license or permit applicant or holder aggrieved by the decision of the Manager in denying, suspending or revoking an amusement device license or permit, or by any other adverse determination of the Manager taken pursuant to the provisions of this Part 1, shall have the right of appeal to the Board of Appeals, pursuant to the procedures set forth in the Administrative Code, Chapter 1.
Any person who violates any provision of this Part 1 of this Chapter shall, upon conviction thereof, be punished by a fine not to exceed $300. Each day that a violation occurs or is committed shall constitute a separate offense. Each amusement device operating without a license and establishment operating without a permit shall constitute a separate offense.
This Part 1 shall apply to any amusement device presently or hereafter installed, used, operated or maintained within the Municipality, except:
114.1.
Any amusement device installed, used,
operated, or maintained within the Municipality prior to introduction
of Ordinance 2904 shall be exempt from payment of the $25 permit fee
to the extent that a license fee for the current permit year has been
paid to the Municipality.
114.2.
Any amusement device installed, used, operated or maintained within the Municipality as an authorized accessory use in a LS Local Service Zoning District prior to the introduction of Ordinance 2708 shall be exempt from the requirement in §8-106 that all amusement devices be located only in C General Commercial or C-1 Central Commercial Zoning Districts.
