As used in this chapter, the following terms
shall have the meanings indicated:
PERSON
Any individual, firm, member of a firm, partnership, member
of a partnership, corporation or any officer, director or stockholder
of such corporation.
[Amended 4-5-1983 by Ord. No. 741]
No person shall install, maintain, operate or
possess in any store, building or other place wherein the public is
invited or where the public may enter or in any building or place
wherein any club or organization meetings are held, within the Borough,
any amusement game or machine of the type commonly known and designated
as electric crane machines, coin-operated bagatelle, baseball, pin
amusement games, shuffleboard, console, Skee-Ball, bagatelle or similar
machines or devices; music vending machines; coin-operated picture
or coin-operated television machines, video game machines or similar
devices without first obtaining a license therefor.
[Amended 12-20-1988 by Ord. No. 837]
The annual license fees are as indicated in Chapter
115.
All annual license fees payable under this chapter
shall be payable in advance for the calendar year in which issued.
[Amended 4-5-1983 by Ord. No. 741]
No person shall install, maintain, operate or possess in any store, building or other place wherein the public is invited or where the public may enter or in any building or place within the Borough more than three amusement games or machines, which shall consist of one machine classified under §
115-16B and two amusement games or machines which may be classified under either §
115-16A,
C or
D.
A separate application for a license for the business of installing, maintaining, possessing or operating each machine, as required in §
65-2, shall be filed with the Borough Clerk on a form which shall designate the name and post office address of the applicant and such other information as the Borough Clerk shall deem necessary or proper from time to time. Such application shall be made directly to the Borough Clerk, and the fees for the license for the business of installing, maintaining, possessing or operating each machine shall accompany each application.
Upon receipt of an application filed as provided in §
65-6, the Borough Clerk shall refer the same to the Chief of Police, who shall make or cause to be made an inspection of the premises described in such application. The Chief of Police, on completion of his inspection, shall attach to such application his report thereon, in writing, which shall also state his approval or disapproval and the reasons therefor. Each such application shall be presented to the Mayor and Council for approval, and upon disapproval of any application, the fee deposited by the applicant; shall be returned to him.
No device or machine as specified in §
65-2 shall be placed, operated, maintained, used or possessed in any building or place where the public is invited or where the public may enter, or in any building or place wherein any club or organization meetings are held within the Borough, until the license issued by the City Clerk, upon approval of the Mayor and Council, in reference thereto shall be posted in a conspicuous place in the immediate vicinity of the machine so that the same shall be easily and quickly identified. Such license shall on its face disclose the manufacturer's serial number and the name and post office address of the licensee, and shall disclose the amount of money required to operate the machine or device and shall briefly state that the machine or device to which the same is affixed is licensed for operation by the Borough.
At any time after the granting of a license
in accordance with the provisions of this chapter the Council may,
in the exercise of its discretion, revoke the same for any willful
false statement in the application. Such license may be revoked in
the event that the licensee shall be convicted of any crime or shall
be convicted of any violation of this chapter.
Nothing contained in this chapter shall prohibit the holder of the license provided for in this chapter from substituting a game or machine at the location set forth in such license, provided that the information required in §
65-8 is set forth in the substituted license obtained from the Borough Clerk within 24 hours, but at no time shall more than one game or machine be operated under one license.
Every license issued under this chapter shall
apply only to the person to whom granted and for premises stated in
the application and shall not transferable unless the Council approves
of such transfer in writing.
[Amended 4-5-1983 by Ord. No. 741]
No person under the age of 18 years shall be permitted to play or operate any of the games or machines described in §
115-16 unless such person under the age of 18 years is accompanied by his parent or legal guardian.
Any person who shall use, possess or permit
to be used any of the machines or devices licensed under this chapter
for the purpose of gambling shall be guilty of a misdemeanor. The
Council may, in its discretion, revoke the license of the licensee
if such machine is used or permitted to be used for the purpose of
gambling.
[Amended 4-5-1983 by Ord. No. 741]
A. This chapter is enacted for the purpose of raising
revenue and for the regulation and control of amusement games or machines
known and described as electric crane machines, coin-operated bagatelle,
baseball, pin amusement games, shuffleboard, console, Skee-Ball, bagatelle
or similar machines or devices, coin-operated picture machines, television
machines, video-game machines or similar devices and music vending
machines.
B. No coin-operated picture machines, television machines,
video-game machines or similar devices shall be permitted within a
radius of 300 feet of a public or private school building, public
library, fire station, hospital, church, theater, municipal building
or other public gathering place, provided that this chapter shall
not apply to premises having private coin-operated picture machines,
television machines, video-game machines or similar devices.