[HISTORY: Adopted by the Borough Council of the Borough of Langhorne 6-8-1994 by Ord. No. 94-7. Amendments noted where applicable.]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
This chapter is enacted under authority of the Local Tax Enabling Act, 53 P.S. § 6924.101 et seq., as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania and under authority of the Borough Code, 8 Pa.C.S.A. § 1203, as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania.
The subject matter of this chapter is the regulation, inspection and licensing of machines and devices operating as coin-operated musical devices, coin operated games of chance or amusement, and coin-operated vending machines by patrons who pay money to use said machines within the Borough of Langhorne. These coin-operated machines include, but are not limited to, washers and dryers, beverage vending machines, cigarette machines, newspaper boxes, food vending machines, jukeboxes, pinball machines, electronically operated shuffleboard, bowling, video games, electronically operated tennis, billiards, and other games of amusement.
A. 
As used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
AMUSEMENT
All manner or form of entertainment, diversion, sport, pastime or recreation within the Borough of Langhorne.
JUKEBOX
Any music vending machine, contrivance or device which, upon the insertion of a coin, slug, token, plate, disc or key into any slot, crevice or other opening, operates or may be operated for the emission of song, music, or similar amusement.
MECHANICAL AMUSEMENT DEVICE
Any device, other than a "jukebox," which, upon the insertion of a coin, slug, token, plate, disc or key into any slot, crevice or other opening, operates or 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.
PERSON
Any individual, partnership, limited partnership, association, firm or corporation. Whenever used in any clause prescribing or imposing a penalty, "person" as applied to associations shall mean the partners thereof and as applied to corporations the officers thereof.
VENDING MACHINE
Any machine which, upon the insertion of a coin, slug, token, plate, disc or key into any slot, crevice or other opening, emits an article of merchandise or provides a service. This term shall include, but shall not be limited to the following types of machines; newspaper boxes, cigarette vending machines, food vending machines, beverage vending machines, candy vending machines, ice vending machines, laundry machines, and other similar types of machines.
B. 
In this chapter, the singular shall include the plural; the plural shall include the singular; the masculine shall include the feminine.
A tax and license fee is imposed, for general revenue purposes, upon the privilege of using for profit within the Borough of Langhorne any vending machine, jukebox or mechanical amusement device, as herein defined. Such tax and license fee shall be payable by the person owning and/or operating the establishment in which such device is installed or located for use. The owner of the machine may pay the tax and license fee in lieu of the owner of the establishment.
A. 
On each mechanical amusement device and jukebox, the tax and license fee shall be $100 for the calendar year or any portion thereof;
B. 
On each vending machine, the tax and license fee shall be $50 for the calendar year or any portion thereof;
C. 
No reduction or refund of any tax or license fee payable under this chapter shall be granted in the case of any machine being destroyed, stolen, sold or otherwise disposed of, or transferred out of the Borough of Langhorne, or for partial use during a calendar year, after the payment of such tax.
After the effective date of this chapter, any person desiring to operate or to install any coin-operated amusement device, jukebox, or vending machine within the Borough of Langhorne shall file with the Code Enforcement Officer or other designated official an application for a license. This license shall be posted at all times by affixing same in a conspicuous place so as to be easily seen and read by all parties who visit the premise wherein the machines are operated. Licenses shall expire on December 31 of the year in which issued.
A. 
On forms supplied by the Code Enforcement Officer or other designated official, the following information shall be printed in ink or typewritten:
(1) 
Name of the Borough of Langhorne;
(2) 
Name, address, and principal office of the applicant;
(3) 
Name and address of the owner of the machine;
(4) 
Name and address of the business which leases the machine;
(5) 
Address/location of the machine covered by the license;
(6) 
Name of the owner of the site where the machine is located;
(7) 
General nature of the business carried on at the site;
(8) 
Trade name, serial number, manufacturer, and type of machine;
(9) 
Period for which the license is issued;
(10) 
Number of the license;
(11) 
Date the license is issued; and
(12) 
Amount of the tax and license fee paid.
B. 
Every license shall be signed by the applicant and issued in duplicate. The original shall be given to the applicant and the duplicate shall be kept on file by the Borough of Langhorne.
C. 
In the case of loss, defacement, or destruction of any license, the applicant shall apply to the Code Enforcement Officer for reissuance.
D. 
A seal or tag shall be issued by the Code Enforcement Officer or other designated official and shall be affixed to each machine for the use of which such tax and fee has been paid. The seal or tag shall indicate the year for which such tax and fee shall have been paid and the type of machine.
No license shall be issued under this chapter for any machine until the annual tax and license fee is paid to the Code Enforcement Officer or other designated official. For purposes of yearly renewal, the tax and license fee shall be paid on or before January 31 of each year. This license shall not be transferable from one applicant to another. A new owner, proprietor, or operator shall be required to secure a new license and pay the tax and license fee. A new license shall not be required if the same owner, proprietor or operator replaces one machine with a similar machine as long as the total number of machines remains the same.
A. 
The Code Enforcement Officer is charged with the duties of collecting and receiving taxes, license fees, fines, and penalties imposed by this chapter. It is his duty to keep a record showing the amount received by him, from whom received, and the date of receipt. The Borough Council, by resolution, may reassign these duties to another duly designated official.
B. 
The Code Enforcement Officer is empowered, after the approval of the Borough Council of the Borough of Langhorne, to prescribe, adopt and promulgate rules and regulations relating to any matter pertaining to the administration and enforcement of this chapter, and is charged with enforcing the provisions of this chapter and any rules and regulations promulgated pursuant hereto.
The Code Enforcement Officer, the Borough of Langhorne Police Department, the Zoning Officer, or any other duly authorized official shall make periodic inspections of all premises where machines are operated for the purpose of ensuring compliance with and enforcement of this chapter.
A. 
It shall be prohibited to offer any prize or any other reward other than additional games awarded by the machine to any person playing a coin-operated amusement device; furthermore, it shall be prohibited to permit any machine to be used for any gambling purposes.
B. 
There shall be no more than 10 machines of any type or types permitted to be operated, maintained, or in use in any one place, location, site or premises.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this chapter shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Bucks County.
A. 
The Code Enforcement Officer shall have the power in the name of the Borough of Langhorne to institute proceedings against any and all persons who violate the provisions of this chapter.
B. 
If for any reason the tax and license fee is not paid when due and suit is brought for the recovery of such tax and license fee, the person liable therefore shall, in addition, be liable for the costs of collection, including attorney's fees, and interest and penalties herein imposed.
All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed.
If any sentence, clause, section, or part of this chapter is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this chapter. It is hereby declared as the intent of the Borough Council that this chapter would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.