[HISTORY: Adopted by the Board of Supervisors of the Township of
Richland at time of adoption of Code (see Ch. 1, General Provisions, Art.
I). Amendments noted where applicable.]
Be it ordained and enacted by the Board of Supervisors of the Township
of Richland, and it is hereby ordained and enacted by the authority of the
same, that from and after the effective date of this chapter, the following
chapter shall be in full force and effect in the Township of Richland.
This chapter shall be known as the "Richland Township Amusement Device
Ordinance."
Ordinance No. 76 is hereby repealed, as are all other ordinances or
parts of ordinances insofar as they conflict with the provisions of this chapter;
however, such repeal shall not affect any act done or any liability or violation
accrued under any such prior ordinance herein repealed or superseded, and
all such liabilities or violations shall continue and may be enforced in the
same manner as if such repeal or supersession had not been made; and any offense
or violation committed and any penalty or forfeiture incurred under any such
ordinance herein repealed or superseded may be prosecuted in the same manner
as if this chapter had not been approved.
In the construction of this chapter, the rules and definitions contained
in this section shall be observed and applied, except when the context clearly
indicates otherwise:
A.
Words used in the singular shall include the plural and
the plural the singular.
B.
Words used in the past or present tense shall include
the future tense.
C.
Words used in the masculine gender shall include the
feminine and neuter.
D.
The word "shall" is always mandatory and is not discretionary.
E.
The word "may" is permissive.
F.
The Board of Supervisors intends to favor the public
interest as against any private interest.
G.
The headings prefixed to sections and other divisions
of this chapter shall not be considered to control but may be used to aid
in the construction thereof.
H.
General words shall be construed to take their meanings
and be restricted by preceding particular words.
Unless the context clearly indicates otherwise, the following words
and phrases, used in this chapter or in an application for license of amusement
devices,[1] shall have the meaning given to them in this section:
A video or mechanical amusement device, juke box or pool table and/or
other electronic device, machine or apparatus whatsoever for the playing of
games and amusement.
Any individual, partnership or corporation who or which seeks to
obtain a license for a video or mechanical amusement device under this chapter.
The document filed by an applicant requesting a permit to possess
in the Township of Richland any video or mechanical amusement device, juke
box or pool table and/or other electronic device, machine or apparatus whatsoever
for the playing of games and amusement.
[2]Any restaurant, bar, tavern, retail, manufacturing, wholesale, institutional,
educational, religious, governmental or other nonresidential establishment,
store or business, whether or not in operation.
Any device, machine or apparatus used for the playing of poker, blackjack,
keno, bingo or other casino games by the insertion therein of any coin, currency,
metal disc, slug or token.
Any device, machine or apparatus designed and/or specifically equipped
to be used for the playing of poker, blackjack, keno, bingo, slots or other
casino gambling games by the insertion therein of any coin, currency, metal
disc, slug or token which has or is designed to facilitate the ready use of
a knockoff or knockdown device or other capability for erasing or eliminating
playing credits.
Any device, machine or apparatus which plays recorded music, whether
by record, tape, compact disc or other means, by the insertion therein of
any coin, currency, metal disc, slug or token.
Any device or apparatus upon which is played the games of 8-ball,
billiards, pool, snooker or other similar games for which a fee is charged,
whether or not such device is operated through the insertion of coin, currency,
metal disc, slug or token.
Any individual, partnership or corporation who or which owns, leases
or maintains the business establishment in which any juke box, pool table
or video or mechanical amusement device is placed for the use, patronage,
recreation or amusement of the public or of persons in or about the business
establishment.
Any individual, partnership or corporation who or which is the lawful
owner of any juke box, pool table or video or mechanical amusement device
for which a license is sought under this chapter, or any individual, partnership
or corporation who makes, assembles, sets up, maintains, sells, lends, leases,
gives away or offers for sale, loan, lease or gift any juke box, pool table
or video or mechanical amusement device for which a license is sought under
this chapter.
Any device, machine or apparatus used for the playing of games or
otherwise used for the purpose of amusement or entertainment by the insertion
therein of any coin, currency, metal disc, slug or token, including but not
limited to claw machines, electric or electronic dart boards, pinball machines
and video games.
No person, firm, partnership, corporation or other entity shall at any
time have in his or its possession within the Township of Richland any video
or mechanical amusement device, juke box or pool table for the playing of
games and amusement without first having procured a license therefor as hereinafter
provided in this chapter.
Any person, firm, corporation or other entity desiring to procure a license as required in § 82-6 of this chapter shall apply therefor, in writing, to the Township Secretary. Said application shall set forth the following information:
A.
The name and residence of the vendor of each juke box,
pool table or video or mechanical amusement device to be licensed.
B.
The name and residence of the proprietor of the business
establishment in which each juke box, pool table or video or mechanical amusement
device is to be located, used or installed.
C.
If vendor and/or proprietor is a citizen of the United
States.
D.
The manufacturer, name of machine, serial number, type
and fee for each machine, video or mechanical device, pool table, juke box
or apparatus to be located on the premises, installed or used.
E.
A verification by the vendor and proprietor that the
facts set forth in the application are true and correct to the vendor's and
proprietor's personal knowledge, information or belief and that any false
statements therein are made subject to the penalties of the Crimes Code, 18
Pa.C.S.A. § 4904, relating to unsworn falsification to authorities.
F.
That the vendor and proprietor have been provided a copy
of this chapter and that he/they have read and agree to be bound by all terms
and provisions hereof.
G.
That a license does not sanction or condone the use or
possession of any illegal gambling device, whether illegal per se or as modified.
H.
That the illegal use or possession of an unlawful gambling
device, either per se or as modified, may result in a criminal prosecution
by law enforcement officials.
The Township Secretary shall not issue a license for any video or mechanical
amusement device to any person who:
A.
Is not a citizen of the United States;
B.
Is not 21 years of age; or
C.
Has been found guilty of or accepted accelerated rehabilitative
disposition for possessing or using a video or mechanical amusement device
in violation of the Crimes Code of the Commonwealth of Pennsylvania within
three years of the date of application.
No license shall be granted until a period of 10 days shall have elapsed
from the date of application, during which time the Township Secretary may,
at his/her discretion, investigate the facts set forth in the application.
A.
The Township Secretary shall refuse to issue a license
for any device that the applicant has not affirmed is not designed, or intended
to be used, for gambling purposes.
B.
A license shall not be issued unless the applicant acknowledges:
(1)
That obtaining or displaying an amusement license does
not sanction or permit the use of any device for gambling purposes or possession
of an illegal gambling device, either per se or as modified.
(2)
That if the applicant or licensee illegally uses or possesses
an unlawful gambling device, either per se or as modified, he may be prosecuted
by the Commonwealth of Pennsylvania or other law enforcement officials.
Nothing in this chapter shall be construed to authorize, license or
permit any gambling devices whatsoever, or any mechanism that has been judicially
determined to be a gambling device, either per se or as modified, or in any
way contrary to law, or that may be contrary to any future laws of the Commonwealth
of Pennsylvania or the United States of America.
No license shall be issued until the annual fees set by resolution of
the Board of Supervisors shall have been paid by the applicant to the Township
of Richland Secretary for each and every device to be installed or used. The
annual fees paid shall be a license fee until December 31 of each year; except,
however, should any such device be installed after July 1 of any year, and
an application therefor is made after such date, then in such event the license
fee for that particular year, until December 31, shall be 1/2 of the annual
fee.
Upon the payment of the license fee provided by this chapter, and if
the application fully complies with this chapter, the Township Secretary shall
issue a disc, plate or sticker setting forth the number of the license for
each machine so licensed, and said disc, plate or sticker shall be attached
and fastened to the respective machine or device so that the same may be clearly
observable and readable. Discs, plates or stickers issued for a particular
machine or device are not transferable to another machine or device. All discs,
plates or stickers issued by the Township of Richland for video and mechanical
amusement devices shall state that the video or mechanical amusement device
is for amusement purposes only, that it is not a gambling device and that
only games and not money may be won on the machine or device.
The Township of Richland or its agents may, during regular business
hours of the business establishment, conduct inspections of any business establishment
where any video or mechanical amusement device, juke box or pool table licensed
under this chapter is located, installed, placed or used to ensure compliance
with this chapter.
A.
In the event that any applicant, owner or proprietor
falsifies any information on an application for license of amusement devices
or violates this chapter, the Township of Richland shall immediately revoke
all licenses issued under this chapter to such applicant, vendor or proprietor.
B.
Moreover, in the event that a vendor of a video or mechanical
amusement device or a proprietor of a business establishment is convicted
of possessing or using a video or mechanical amusement device in violation
of the Crimes Code of the Commonwealth of Pennsylvania, the Township of Richland
shall revoke each license issued to such person as an applicant, vendor or
proprietor.
C.
Additionally, the Township of Richland shall not issue
a license of amusement devices to any person who has been found guilty of
or accepted accelerated rehabilitative disposition for possessing or using
a video or mechanical amusement device in violation of the Crimes Code of
the Commonwealth of Pennsylvania within three years of the date of application.
D.
Any video or mechanical amusement device used or possessed
in violation of the Crimes Code of the Commonwealth of Pennsylvania or this
chapter may be deemed contraband and forfeited in accordance with the provisions
set forth in 18 Pa.C.S.A. § 6501(d) (relating to scattering rubbish).
Because the Township of Richland intends to foster compliance with the
laws of the Commonwealth of Pennsylvania and the United States regarding illegal
possession and/or use of gambling devices, no township employee or agent may
promise, suggest or insinuate, either expressly or by implication, that the
applicant, licensee, proprietor or owner, who either illegally possesses any
device used or intended to be used for gambling purposes, shall not be prosecuted.
For each and every violation of the provisions of this chapter, any
person or persons, firm, partnership or corporation violating any of the provisions
of this chapter shall constitute a summary offense and, upon conviction by
the issuing authority for the magisterial district which includes the Township
of Richland, shall upon being found liable therefor in a civil enforcement
proceeding commenced by the township before a District Justice, pay a fine
of not more than $600, plus all court costs, including reasonable attorney's
fees, incurred by the township in the enforcement of this chapter. No judgment
shall be imposed until the date of the determination of the violation by the
District Justice. If the defendant neither pays nor timely appeals the judgment,
the township may enforce the judgment pursuant to the applicable Rules of
Civil Procedure. Each day a violation exists shall constitute a separate offense.
Further, the appropriate officers or agents of the township are hereby authorized
to seek equitable relief, including injunction, to enforce compliance herewith.
