The provisions of this chapter are designed to promote and protect the health, safety, morals and general welfare of the residents of the Borough of Pennsburg by regulating the installation and operation of skill-based games within the Borough.
[HISTORY: Adopted by the Borough Council of the Borough of Pennsburg 10-14-2025 by Ord. No. 4-2025. Amendments noted where applicable.]
An electronic, computerized, or mechanical machine or other similar device requiring payment and/or insertion of a coin, ticket, or similar token, or a fee paid to access such device, to operate, activate, or play a game, the outcome of which is determined predominantly by an element of skill of the player and that in some or all circumstances, delivers or entitles the player operating the device to receive cash or cash equivalents, gift cards, vouchers, billets, tickets, tokens, or electronic credits to be exchanged for cash or cash equivalents, whether such payout is made automatically from the device or other service or manually.
A.
No person, firm, association, corporation, or other entity shall place, possess, keep, maintain, operate, or use any skill-based game within the Borough without first obtaining a license therefor.
B.
Upon submission and approval of a license application, approval of the skill-based game following inspection of such by the Code Enforcement Officer, and payment of the proper fee, the Borough shall issue a license to the applicant for the location and placement of one skill-based game.
(1)
A fee shall be paid in the amount of $100 per skill-based game to be located upon the applicant's premises, as may be reassessed by the Borough from time to time.
(2)
Owners wishing to fully replace a skill-based game machine or device shall be required to seek a license for each replacement skill-based game machine or device.
(3)
A license issued under this chapter may be transferred to another qualified owner by the license holder only after the license holder obtains a transfer license from the Borough and pays a sum of $50 therefor.
(4)
Each license issued shall be for the purpose of ensuring compliance with the provisions of this chapter and maintaining a record of the location and owner of each skill-based game within the Borough. Issuance of a license under this chapter shall not be for the purpose of inspection of the quality or fairness of the skill-based game.
D.
Each license shall be conspicuously displayed on the corresponding skill-based game.
Any person, corporation, or entity found to be in violation of this section shall be subject to a fine of $1,000 per skill-based game present at the business or other location. Each day of violation shall constitute a separate offense for which a fine may be imposed.
A.
Upon determination that a skill-based game device is present at a business location, without the proper licensing required by this chapter, any person authorized to enforce ordinances shall issue a notice of violation of this section, which notice shall prohibit use of the skill-based game until such time as the proper licensing is secured. Failure to secure proper licensing within 30 days of the notice of violation shall subject the operator to a fine upon issue of a citation.
B.
Nothing in this section or corresponding subsections shall prohibit the Borough from seeking equitable relief, including the award of court costs and attorney fees, from a court of competent jurisdiction, for the removal of skill-based games found unlawful under this chapter and/or unlicensed skill-based game devices.