As used in this chapter, the following terms shall have the meanings
indicated:
APPLICANT
The proposed operator, whether as owner-operator or by lease or any
other kind of arrangement, of one or more amusement or entertainment machines
or devices displayed for public patronage or placed or kept for operation
by the public within the borough. Under this section, the term "applicant"
shall not include the owner of the aforesaid amusement or entertainment machines
or devices unless said owner shall also be the operator thereof.
COIN-OPERATED AMUSEMENT OR ENTERTAINMENT
Any automatic, mechanical or electronic game, contrivance or device
or skill or entertainment, which is or are operated or set in motion by the
deposit therein of any coin or coins, tokens or slugs or the like thereof,
purchased for cash. This term shall include any device which registers a score
or not and shall further include, without limitation, such devices as pinball
machines, bagatelle machines, pong or other types of electronically operated
game devices, skill-ball, mechanical games, operation of transactions similar
to, by whatever name they may be called. Excluded from this definition are
music vending machines, commonly known as "jukeboxes," as well as "vending
machines."
LICENSEE
Any natural person, partnership, firm, association, corporation or
any other business entity which, being the operator or owner-operator of one
or more amusement or entertainment machines or devices displayed for public
patronage or placed or kept for operation by the public within the borough,
has qualified as an applicant under this chapter and to which a license has
been issued hereunder.
OPERATOR
Any natural person, partnership, firm, association, corporation or
any other business entity which leases, rents out or places under any kind
of arrangement, within the borough, one or more amusement or entertainment
machines or devices displayed for public patronage or placed or kept for operation
by the public.
OWNER-OPERATOR
Any natural person, partnership, firm, association, corporation or
any other business entity which owns or controls premises or a location within
the borough in which any amusement or entertainment machine or device, which
is owned by said natural person, partnership, firm, association, corporation
or any other business entity, is displayed for public patronage or is placed
or kept for operation by the public.
Every license issued hereunder is subjected to revocation by the governing
body should the owner-operator or operator operate any amusement or entertainment
machine or device contrary to the provisions of this chapter or the standards
set forth herein for the issuance of a license. Any material misstatement
or omission in the license application and any information submitted therewith
shall constitute sufficient grounds for revocation of said license. The Mayor
and Council, through the Borough Administrator, shall serve upon the licensee
notification of intention to revoke the license and advise the licensee that
he has 10 days from receipt of the notification to request a formal hearing.
In the event that no formal hearing is requested, then the Mayor and Council
shall be authorized, after said ten-day period, to revoke the license. In
the event that the licensee does request a hearing, then he shall be entitled
to a hearing before the Mayor and Council and give testimony and produce witnesses
as he shall deem appropriate. The Mayor and Council shall listen to all witnesses
and testimony that it deems relevant and shall render a decision as to whether
or not the license should be revoked.
Any person, firm or corporation violating any of the provisions of this chapter shall, upon conviction thereof, be liable to the penalty stated in Chapter
1, General Provisions, Article II.