As used in this article, unless the context
or subject matter otherwise requires, the following terms shall have
the meanings indicated:
A machine, apparatus, paraphernalia or device, whether manually,
mechanically, electrically or otherwise used or operated, or constructed
to be used or operated, for amusement and entertainment purposes or
in or upon which a game of skill or amusement may be played by one
or more persons, singly or collectively by and as the result of the
insertion of a piece of money or coin or other object for which a
fee, charge or other consideration is imposed directly or indirectly.
This definition shall exclude a device, the possession or use of which
is prohibited by law and particularly shall exclude a gambling device.
A machine, slot machine, apparatus, paraphernalia
or device whether manually, mechanically, electrically or otherwise
operated, in or upon which a game or contest involving an element
of chance may be played and the machine or device may be operated
by one or more persons, singly or collectively, upon and as the result
of the insertion of a piece of money or coin or other object for which
a fee, charge or other consideration is imposed directly or indirectly.
A machine, apparatus, paraphernalia or device
of the type, design, class or construction commonly known as a pinball
or bagatelle machine, upon which a game or contest is played upon
the insertion of a piece of money or coin or other object for which
a fee, charge or other consideration is imposed directly or indirectly.
A machine, apparatus, paraphernalia or device
that is adapted, or may be converted into one that is adapted for
the insertion of money, coin, or other object by which such machine
or device is caused to operate or may be operated, and by reason of
an element of chance or other outcome of such operation, unpredictable
by the user, such user may receive or become entitled to receive a
piece of money, credit, allowance or thing of value, or any check,
slug, token or memorandum, whether of value or otherwise, which may
be exchanged for any money, credit, allowance or thing of value, or
which may be given in trade, or by which the user may secure additional
chances or rights to use such machine, apparatus or device, irrespective
of whether it may, apart from the element of chance or unpredictable
outcome of such operation, also sell, deliver or present some merchandise,
indication of weight or other thing of value.
No gambling device as defined in this article
shall be licensed hereunder.
A.
Required. Any individual, firm, or corporation which
is engaged in the business of placing coin-controlled amusement devices
in any building in the City on a percentage basis or otherwise shares
in the revenue of said machines for the placing or distributing thereof,
shall for the purpose of this article be considered a distributor,
and before any machine shall be placed in any building in the City,
such distributor must obtain a distributor's license.
B.
Fee. The fee for the distributor's license required
by this article shall be $250 per year with an additional fee of $45
per machine per year for each device used or played or exhibited for
use or play placed within the City limits.
[Amended 9-28-1992; 3-20-2006]
C.
Expiration. A distributor's license shall expire on
the 31st day of December next succeeding the date of its issuance.
A.
Required; expiration. Any person, firm, corporation,
partnership, association or club who, as owner, lessee or proprietor,
has under his or her or its control any establishment, place or premises
in or at which such device is placed or kept for use or play or on
exhibition for the purpose of use or play shall obtain a license therefor.
Such license shall expire on the 31st day of December next succeeding
the date of its issuance.
B.
Fee. The fee for the proprietor's license required
by this article shall be $45 per year for each device used or played
or exhibited for use or play placed within the City limits.
[Amended 3-20-2006]
C.
Fees. A fee of $10 per year shall be established for coin-controlled
devices to include: beverages, sundry, candy, cigarettes, gum, novelty,
sandwiches, snacks, bowling ball cleaner machines, air-dispensing
machines, car wash stalls, car wash vacuum machines, coin-operated
washers/dryers, soap dispensing and any other coin-dispensing machines
not categorized as amusement devices.
[Added 9-18-2012; amended 9-5-2017]
A.
Required. No person shall place or deliver for use or permit the use or operation of a coin-controlled amusement device upon any premises or location in the City until a license to use or operate, or permit the use or operation of each such device upon the premises approved pursuant to § 63-14 shall have been obtained from the City Clerk by the owner of such device.[1]
B.
Issuance of license. The City Clerk may, after the receipt of the application for a device license, issue such license for the device in accordance with the provisions of this article. Such license shall permit the placing, use and operation of the licensed device at a location approved pursuant to § 63-14 and in the responsible charge of a person approved pursuant to said section.
The provisions of this article requiring license
fees shall not apply to any church, fraternal or veteran's organization
or other religious, charitable or nonprofit organization which operates
a coin-controlled amusement device exclusively for the use of its
members and their guests and on premises owned or controlled by it.
A.
Required. No person shall place or deliver for use
or permit the use or operation of a coin-controlled amusement device
until the location of the establishment and the premises where such
device is to be used and the operator thereof have been approved by
the City Clerk. The Director of Public Safety shall cooperate with
the City Clerk in determining the approval of such establishments,
and premises and the operator thereof.
A.
Application for approval permit and device license.
The owner of a coin-controlled amusement device, when applying for
the licensing of the device and before such device may be licensed,
distributed or placed at or upon any premises for use or operation,
shall make a sworn application to the City Clerk for the necessary
approval permit and license, upon blanks to be furnished by the City
Clerk giving the following information:
(1)
The name, residence and business address of the owner
of the devices or in the case of a corporation, the names and addresses
of all officers and directors; the age, date of birth, place of birth,
statement of convictions for any crimes of the owner or in the case
of a corporation of the officers and directors of such corporation.
(2)
The descriptive name of the device, name and address
of the manufacturer of the device and a detailed description of the
mechanical features of the device, the manufacturer's number of the
device, and the purpose and method of operation of the device.
(3)
The name, residence, age, date and place of birth
of the person having responsible charge of the premises upon which
the device is proposed to be located for use and operation, and the
location of the premises by street and number, the kind of establishment
wherein the device will be located, and the number of devices to be
placed thereon, and a description and the manufacturer's number of
each device proposed to be placed thereon.
(4)
A certification by the applicant that no device owned
by him or her and to be licensed is a gambling device, and that no
such device when licensed will be used or operated for gambling purposes.
(5)
Whether any machine owned by the applicant or under
his or her control has been previously ordered destroyed by a court.
(6)
Such additional information as the City Clerk may
require.
B.
Investigation, review and report by Chief of Police.
(1)
The City Clerk shall promptly forward a copy of the
application to the Chief of Police for investigation, review and report.
(2)
The purpose of this investigation shall be to establish
that the applicant is capable of conducting the proposed business
of distributing or operating amusement devices within the City in
a manner consistent with the public safety, good morals and general
welfare of the community and that all those persons involved in such
business can reasonably be expected to operate the proposed business
in accordance with law and free from gambling and other illegal or
immoral conduct and unwarranted noise and commotion.
(3)
No license shall be granted unless the licensed premises
shall meet all requirements of the Fire, Housing, Building, Sanitary,
Electrical and Plumbing Codes of the City.
C.
Approval or denial.
(1)
If the application is approved, the license shall
be issued by the Clerk, and the fee shall be remitted to the City
Treasurer.
(2)
If the license is denied, 75% of the fee shall be
returned to the applicant, the balance going to offset the costs of
the investigation. The grounds for denial shall be set forth in writing.
The applicant shall be entitled to a hearing before the City Clerk
within 30 days of the denial of the license, at which time he or she
may submit pertinent information on his or her behalf. The applicant
shall be given 10 days' notice of the date of such hearing.
D.
Evidence of ownership of devices.
(1)
Any proprietor who owns such device or devices at
the time this article becomes effective shall file with the City Clerk
evidence of such ownership prior to the issuance of a license.
(2)
Any proprietor purchasing a device or devices after
the effective date of this article shall file with the City Clerk
evidence of ownership thereof before exhibiting or placing said device
or devices for use or play.
A.
Use of license.
(1)
In the case of proprietors, the license shall be posted
in a conspicuous place in the establishment of the licensee. The device
license shall be permanently affixed to the device so that it can
be easily ascertained.
(2)
In the case of distributors, the license number assigned
to each device shall be permanently affixed to said device so that
it can be easily ascertained.
(3)
No license may be transferred from an approved device
to another device without the consent and approval of the City Clerk
nor may any device license or approval permit be transferred from
an approved location to another location without consent.
B.
Regulations.
(1)
No proprietor holding a license to operate coin-operated
amusement devices shall permit a person under 16 years of age to play
or operate a coin-operated amusement device unless such person is
accompanied by his or her parent or legal guardian. This limitation
shall not apply to the use of jukeboxes or to the use of mechanical
carousel horses or similar amusement devices designed especially for
the amusement of children.
(2)
The proprietor shall not permit any person to bet
or gamble on the licensed premises.
(3)
The proprietor shall at all times maintain good order
and shall not permit any disturbance, congestion or loitering upon
the licensed premises.
(4)
No music machine shall be operated in a manner to
be heard out of doors.
(5)
No licensed premises shall be without adequate sanitary
facilities nor contain any fire, safety or health hazard.
(6)
Each distributor and/or proprietor shall, within five
days, report in writing to the City Clerk any change by addition or
deletion of the information furnished on the license application during
the term of any license or renewal thereof.
(7)
No distributor or proprietor shall refuse to cooperate
fully with the City Clerk and any law enforcement officer or agency.
A.
Police surveillance. All members of the Lackawanna
Police Division, including special police officers, are authorized
to enforce the provisions of this article. A written report of all
violations of this article should be immediately forwarded and filed
with the City Clerk.
