This chapter shall be known as and may be cited as the "local gaming device ordinance."
[HISTORY: Adopted by the Board of Supervisors of the Township of Warrington 3-11-2025 by Ord. No. 2025-O-2. Amendments noted where applicable.]
As used in this chapter, the following words and terms shall have the following meanings herein indicated:
United States currency and coin, including cash equivalent.
A ticket, token, chip, gift card, voucher, electronic credit, prepaid debit card, or other similar instrument or representation of more than nominal value.
Any of the following:
A mechanical, computerized or electrical contrivance, terminal, machine, or other device that, upon insertion or payment of cash or cash equivalent as a wager, is available to play or operate one of more games, the play or outcome of which is determined by any element of either chance or skill, and that may deliver, or entitle the player to receive, cash or cash equivalent at the conclusion of one or more such games.
A redemption terminal or other associated equipment necessary to operate or utilize a machine, terminal, contrivance, or other device as described in subparagraph a. above.
The term local gaming device does not include:
A lottery game, as that term is defined under the act of August 26, 1971 (P.L. 351, No. 91), known as the State Lottery Law.[1]
A coin-operated amusement game.
A device used to play multiplayer video gaming competitions where the element of chance does not have a material effect on the play or outcome of the game.
A device operated pursuant to and in accordance with the act of July 10, 1981 (P.L. 214, No. 67) known as the Pennsylvania Bingo Law, and/or pursuant to and in accordance with a license or permit issued under the Pennsylvania Bingo Law.[2]
A device operated pursuant to and in accordance with the act of December 19, 1988 (P.L. 1262, No. 156), known as the Pennsylvania Local Option Small Games of Chance Act, and/or pursuant to and in accordance with a license or permit issued under the Pennsylvania Local Option Small Games of Chance Act.[3]
A natural person, corporation, foundation, organization, business trust, estate, limited liability company, trust, partnership, limited liability partnership, association, or other form of legal corporate or business entity.
The collective hardware, software, communications technology and other ancillary equipment used to facilitate the payment of cash or a cash equivalent to a player as a result of playing a local gaming device.
All persons desiring to maintain a local gaming device, on a premises located in Warrington Township, shall register the local gaming device on an annual basis on the forms provided by the Township. The Board of Supervisors shall, from time to time, as part of its fee schedule, establish the cost of the registration of local gaming devices.
For the purpose of determining compliance with this the provisions of this chapter, together with any and all other purposes as may be allowed by the statutes, and regulations of this Commonwealth and this Township, the appropriate Township employees, may enter upon and into any premises, facility, establishment, and/or location within the Township for the purpose of determining compliance and making sure that any and all local gaming devices are properly registered in accordance with the terms and conditions of this chapter.
A.
Fines. In addition to any other fines, penalties and/or sanctions as may be provided for by the laws of this Commonwealth and/or this Township, any person who violates, causes a violation, and/or otherwise fails, neglects, or refuses to comply with the provisions of this chapter, or any of them, shall, upon conviction in a summary proceeding, be liable for a fine and/or penalty not to exceed $1,000, plus costs. Each day that a violation of this chapter, or any part hereof, continues shall be considered a separate offense.
B.
Notice of violation.
(1)
In addition to the fines and penalties specified in Subsection A above, upon determination of an authorized representative of the Township that local gaming devices are present in any premises, facility, establishment, and/or location, the authorized representative of the Township shall issue a notice of violation that shall, among other things, require the owner and/or occupant of the facility or establishment to remove the local gaming devices from the facility or establishment within five calendar days of the date of the notice of violation, unless the owner/occupant shall comply with this chapter within the five days.
(2)
If the local gaming devices continue to be present in any premises, facility, establishment, and/or location in which local gaming devices are prohibited five calendar days after the date of the notice of violation, then the authorized representative of the Township shall:
(a)
File a citation in District Magisterial Court.
(b)
Issue a cease-and-desist order to the owner and/or occupant of the premises, facility, establishment, and/or location wherein the local gaming devices are located directing the closure of the premises, facility, establishment, and/or location wherein the local gaming devices are located until such time as the local gaming devices are removed form the subject premises, facility, establishment, and/or location, or the owner/occupant complies with this chapter.
In addition to any other fines, penalties and/or sanctions as may be provided for by the laws of this Commonwealth and/or this Township, any person who violates, causes a violation, and/or otherwise fails, neglects, or refuses to comply with the provisions of this chapter, or any of them, shall be in violation and subject to penalties.
All ordinances and/or parts of ordinances inconsistent herewith, or in conflict with any of the specific terms enacted hereby, to the extent of said inconsistencies or conflicts, are hereby specifically repealed.
A.
The provisions of this chapter are severable. In the event that any section, sentence, clause, phrase, word, part, or provision of this chapter shall be determined or declared to be illegal, invalid or unconstitutional by any Court of competent jurisdiction, such determination or declaration shall not impair or affect the remaining sections, sentences, clauses, phrases, words, parts and/or provisions of this chapter, nor shall any such determination or declaration prevent or otherwise foreclose the enforcement of any of the remaining sections, sentences, clauses, phrases, words, parts and/or provisions of this chapter. If there are any inconsistencies between the provisions of this chapter and any other section of the Code of the Township of Warrington, the terms and provisions of this chapter shall control.
B.
This chapter shall be effective 10 days after it has been adopted by the Board of Supervisors.