[HISTORY: Adopted by the Board of Supervisors of the Township of Marshall 1-3-1984 by Ord. No. 162. Amendments noted where applicable.]
The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
AMUSEMENT DEVICE
Any mechanical or electronic machine or device operated by means of the insertion of money, a coin, slug, ticket, token or similar object for the purpose of amusement, entertainment or skill, whether or not registering a score, and for the playing of which a fee is charged. The term shall include but not be limited to any machine or mechanical device from which music or other sound is obtained or which may show television pictures or other graphic representations upon a screen, electronic games, pinball machines, video machines and all games, operations and transactions similar thereto.
LICENSE
The license issued pursuant to Section 44-5 of this Chapter.
LICENSEE
Any person to whom a license is issued pursuant to Section 44-5 of this Chapter.
PERSON
Any natural person or persons, firm, corporation, partnership, association, club, agent or other entity, whether the owner of the land, premises or businesses within the Township or not.
No person shall at any time display an amusement device for public use within the Township without first having obtained the proper license therefor.
A. 
The application for a license shall contain at least the following information and shall be supplied upon forms to be provided by the Township:
(1) 
The name and address of the applicant, age, date and place of birth and, if a firm, corporation, partnership or association, the principal officers thereof and their addresses.
(2) 
The address of the premises where the licensed amusement device or devices are to be operated, together with the character of the businesses carried on at such place.
(3) 
The trade name and general description of the device or devices to be licensed, the name of the manufacturer and the serial number and the number of devices to be licensed.
(4) 
The signature of the applicant, made under oath or affirmation.
B. 
The proper license fee shall accompany such application. Application for license shall be filed with the Marshall Township Secretary for processing.
A. 
No license shall be granted until a period of 14 days shall have elapsed from the time the application was filed with the Township Secretary, during which time the Chief of Police shall investigate the facts set forth in the application.
B. 
The Chief of Police shall consider, in his or her investigation:
(1) 
All convictions and reason thereof, and subsequent parole conduct, if applicable;
(2) 
The license history of the applicant, including previous revocation or suspension of such licenses in the Commonwealth of Pennsylvania or elsewhere; and
(3) 
The applicant's compliance with all applicable township, county, state and federal laws and regulations pertaining to the applicant's business.
C. 
No license shall be issued if it is determined that:
(1) 
The licensed activity will be injurious to the use and enjoyment of other property owners in the immediate vicinity of the licensed premises or that it will endanger the public health, safety or general welfare.
(2) 
The applicant has been convicted of a felony.
A. 
After the investigation pursuant to Section 44-4 of this Chapter and upon full and complete compliance with all provisions of this Chapter, the Chief of Police shall issue a license to the applicant.
B. 
The license shall be on a form designated by the Township and shall state the name and address of the licensee, the location of the premises having such amusement devices and the total number of amusement devices authorized at the location.
C. 
The license shall, at all times, be displayed in a prominent location on the premises by the licensee.
D. 
No amusement device may be operated within the Township so long as the license provided for in this section is not properly displayed.
E. 
Licenses shall be valid for a period ending December 31 each year.
[Amended 10-5-1994 by Ord. No. 263]
A. 
License fee. The license fee shall be as provided in Chapter 71, Fees, for each device used or played or exhibited for use or play.
B. 
Payment. All license fees shall be payable annually in advance on or before January 1 of each year, provided that where application is made after the expiration of a portion of a license year, a license may be issued for the remainder thereof upon payment of a pro rata share of the annual fee based upon the number of months remaining in the year. In no case shall any portion of the license fee be repaid to the licensee.
A. 
The Chief of Police shall have the right to revoke any license issued hereunder for the violation of any of the provisions of this Chapter. Notice of revocation of a license shall be given in writing, setting forth specifically the reasons for revocation. Such notice shall be transmitted by certified mail, postage prepaid, return receipt requested, to the licensee within five days of the revocation.
B. 
The license issued under this Chapter shall not be transferred or assigned to any other person without:
(1) 
Filing of an application by the proposed transferee and approval of that application as provided by Sections 44-3, 44-4 and 44-5 of this Chapter.
(2) 
Payment of the license fee provided by Section 44-6 of this Chapter.
Any person violating any of the provisions of this Chapter shall forfeit and pay for any such offense a fine up to a maximum of $600 per day and/or imprisonment for a period not exceeding 30 days. Each and every day that any amusement device shall be operated and used in violation of the terms of this Chapter shall constitute a separate and distinct offense under this Chapter and shall be subject to separate and distinct penalties.
Any person aggrieved by the action of the Chief of Police in the denial or revocation of a license as provided in Sections 44-5 and 44-7 of this Chapter shall have the right to appeal to the Marshall Township Board of Supervisors. Such appeal shall be taken by filing with the Township, within 14 days after notice of the action complained of has been mailed to the person's last known address, a written statement setting forth fully the grounds for the appeal. The Supervisors shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the appellant in writing at least five days prior to the date of the hearing. Such notice shall be transmitted by certified mail, postage prepaid, return receipt requested, to the person's last known address.