No person or persons, firm, association, partnership,
corporation, or any other entity shall have at any time in his, her,
its, or their possession, within the Borough of Riverside, any mechanical
device, machine, or apparatus whatsoever for the playing of games
and amusement, being commonly known and referred to as "amusement
game machines," upon which games are played or activities conducted
through the insertion of a coin, metal disc, slug or token, or otherwise
activated through exchange of legal tender, or other manner, without
first having procured a license as provided in this chapter.
As used in this chapter, the following terms
shall have the meanings set forth herein, unless the context indicates
to the contrary:
AMUSEMENT GAME MACHINES
Any mechanical, electric or electronic device used or designed
to be operated for entertainment or as a game by the insertion of
a piece of money, coin, token or any other article or by payment of
money to have it activated. This definition does not include:
C.
Bowling alleys, except coin-operated bowling
machines.
D.
Any device maintained within a residence for
the use of the occupants thereof and their guests, provided the same
is on a noncommercial basis and in compliance with other ordinances.
E.
Any device, the possession or use of which is
prohibited by law.
F.
Any coin-operated machine which solely dispenses
food, soda, candy, cigarettes, or any other items for personal consumption
or use.
OWNER
A record owner, contract purchaser, lessee, assignee, bailee,
receiver, or trustee.
Nothing in this chapter shall be in any way construed to authorize,
license or permit any gambling devices whatsoever or any mechanism
that has been judicially determined to be a gambling device or in
any way contrary to law or that may be contrary to any future laws
of the commonwealth.
No license fee shall be issued until an annual fee shall have
been paid to the Borough in the sum of $50 for each and every device
so installed and used under the terms of this chapter in the Borough
of Riverside, which amount, when paid, shall be a license fee until
December 31 of each year. Should any such device be installed after
September 1 of any year, and an application be made after that date,
then, in that event, the license fee for the particular year shall
be the sum of $25 to December 31.
Upon payment of the license fee provided by
this chapter above, the Secretary of the Borough of Riverside shall
issue a metal disc, tab, or tag setting forth the number of the license
for each machine so licensed, which disc or plate shall be used and
fastened to the machine or device so that it may be clearly identified
upon inspection.
It shall be the responsibility of the owner
of the business conducted, or the owner of the premises if no separate
entity conducts the business thereon, to apply for an annual license
and make payment thereon to the Borough of Riverside by no later than
January 31 of each year following the date of initial issuance.
Any person aggrieved by any decision or determination of the
Borough of Riverside, or of any officer, official, agent, employee,
or board created by the Borough of Riverside, regarding the provisions
of this chapter has a right to appeal such decision or determination
to a court of competent jurisdiction within 30 days of receipt of
notice of the decision or determination, or as otherwise provided
by law.
Neither the application processing fee nor the
license fee for machines at specific locations shall be transferable
to another premises, except one authorized under this chapter.
All owners or operators of present facilities,
as existing, shall be required to submit an application for a license
and to make payment of the application processing fee and license
fee for the machine within 30 days of the date of adoption of this
chapter.
Any person or persons, firm, partnership, corporation,
or other entity found guilty of a violation of this chapter, upon
conviction thereon for a summary offense before Magisterial District
Judge, shall be sentenced to pay a fine of not more than $1,000, plus
costs of prosecution, and, in default of payment of such fine and
costs, shall be imprisoned in Northumberland County Jail for a term
not to exceed 30 days, provided that each day that any machine or
device, under the terms of this chapter, shall be operated and used
in violation of this chapter, shall constitute a separate and distinct
offense under the terms of this chapter and shall be subject to separate
and distinct penalties under this section.