[Ord. No. 1179, 8/19/2025]
This Part is enacted under the authority of the Pennsylvania Local Tax Enabling Act (Act 511 of 1965), and its amendments.[1]
[1]
Editor's Note: See 53 P.S. § 6924.101 et seq.
[Ord. No. 1179, 8/19/2025]
As used in this Part the following words shall have the meanings indicated:
OPERATOR
Any person, partnership, corporation, or other entity who owns, leases, maintains, places, or permits the use of any skill game machine within the Borough of Stroudsburg.
PERSON
Any natural person, firm, association, corporation, or partnership.
SKILL GAME MACHINE
Any electronic, mechanical, or electro-mechanical device that:
1. 
Requires payment in cash or electronic cash equivalent to play; and
2. 
Provides a game or activity in which a player can win cash or credit redeemable for cash.
3. 
Exclusions: This term shall not include traditional arcade games, pinball machines, claw machines, jukeboxes, pool tables, skee-ball machines, coin-operated children's rides, or similar devices intended primarily for amusement that do not award cash or credit redeemable for cash.
[Ord. No. 1179, 8/19/2025]
No person shall act as an operator of any skill game machine in the Borough without first obtaining a license as provided by this Part.
[Ord. No. 1179, 8/19/2025]
1. 
There is hereby imposed an annual tax on each skill game machine located or operated within the Borough of Stroudsburg.
2. 
The tax rate shall be set by resolution of Borough Council.
3. 
Operators shall pay an annual fee as determined by Borough Council by the aforesaid resolution.
[Ord. No. 1179, 8/19/2025]
Nothing in this Part shall be construed to permit or authorize gambling. The use or operation of skill game machines must comply with all federal, state, and local laws.
[Ord. No. 1179, 8/19/2025]
1. 
Every operator owning or possessing a skill game machine within the Borough must register such machine annually and pay the applicable tax no later than February 1 of each year. Upon introduction of a new skill game machine upon an operator's premises, registration must occur within 30 days of introduction, with the applicable tax due and paid with the registration application.
2. 
The registration application shall include:
A. 
Name and address of applicant operator;
B. 
Location of each machine;
C. 
Machine manufacturer and model;
D. 
Name of distributor.
[Ord. No. 1179, 8/19/2025]
1. 
Upon receipt of payment and completed registration, the Borough shall issue a certificate for each registered skill game machine.
2. 
Said certificate shall be prominently displayed on the machine.
3. 
It is unlawful to operate or permit to operate any machine without a current certificate.
[Ord. No. 1179, 8/19/2025]
The Borough Code Enforcement Officer or designee is authorized to maintain records, prepare necessary forms, and take such action as is necessary to implement and enforce this Part.
[Ord. No. 1179, 8/19/2025]
1. 
The following regulations shall apply to all operators and skill game machines while such machines are present on an operator's premises:
A. 
At least one staff member of the operator shall be present at all times while skill game machines are operational.
B. 
An operator shall not permit any person under the age of 18 to operate a skill game machine at any time.
C. 
No skill game machine shall be located within 15 feet of the point of egress of any premises.
D. 
Any operator that has in excess of three licensed skill game machines in a single premises, shall, at all times while such skill game machines are operational, maintain an additional staff member clearly identified as a security guard, and shall maintain security cameras monitoring both the skill game machines in operation and any point of egress from the premises.
[Ord. No. 1179, 8/19/2025]
1. 
Any person violating any provision of this Part or operating an unregistered skill game machine shall, upon conviction, be subject to:
A. 
A fine not to exceed $300 per offense; or
B. 
Imprisonment for not more than 90 days;
C. 
Each day of violation shall constitute a separate offense.
[Ord. No. 1179, 8/19/2025]
1. 
This Part shall not apply to:
A. 
Devices used solely for children's amusement;
B. 
Jukeboxes, vending machines, or coin-operated machines that do not involve a game;
C. 
Devices where 100% of net proceeds benefit community projects or organizations;
D. 
Any other devices exempted by federal or state law.