[Adopted 6-16-1982 by Ord. No. 1017]
As used in this article, the following terms
shall have the meanings indicated:
A machine or device which operates or may be operated for
use as a game, contest or amusement of any description, or which may
be used for any such game, contest or amusement. Said device operates
by use of cathode ray tube or otherwise projects images capable of
operator control on a video display panel. This definition specifically
excludes jukeboxes, ticket dispensing machines, cigarette or other
vending machines.
This article is not intended to affect the requirements
for special exceptions for amusement uses but adds permit requirements
to said uses involving electronic video amusement devices.
A.
No person, partnership, corporation or other entity
shall operate nor permit to be operated on premises owned or under
the control of such person, nor shall such person possess, keep, maintain,
use, exhibit or permit to be possessed, kept, maintained, exhibited,
used or operated in or upon any premises in his possession or under
his control, an electronic video amusement device without first having
obtained a permit in the manner required by this article.
B.
An application for an electronic video amusement device
permit shall be made to the Director of the Office of Licenses, Zoning
and Inspections or his duly authorized representative on forms to
be prescribed by him and shall provide the following information:
[Amended 12-15-1982 by Ord. No. 1029; 10-20-1992 by Ord. No.
92-17]
(1)
Name of the applicant.
(2)
Business and home address of the applicant. (In the
case of a partnership, corporation or other business unit, the names
and addresses of its officers may be required.)
(3)
The name and address of the owner or other person
in control of the establishment wherein the device or devices are
proposed to be located.
(4)
A statement that the device for which a permit is
sought is not intended to be and will not be permitted to be used
for any gambling purpose whatsoever.
(5)
A complete description of the device and the manner
in which it is to be placed and operated. (A floor plan shall be provided,
in a form in detail satisfactory to the Office of Licenses, Zoning
and Inspections, showing the proposed placement of the devices on
the applicant's premises in conformity with all applicable state and
local ordinances, rules and regulations and showing adequate provision
for ingress, egress and free passage of persons within the premises.)
(6)
A statement of the total number of such devices for
which permits are sought.
(7)
A statement of the applicant's interest in or title
to the device for which the permit is sought.
(8)
A general description of the character of business
that is carried on in said premises in addition to the use for such
electronic video amusement devices.
(9)
A management plan designating how applicant intents
to prevent loitering, curfew violations or other activities which
may result in a public nuisance. The management plan should indicate
the following:
(a)
The hours of operation.
(b)
Minimum number of employees on duty.
(c)
The maximum number of persons that will be permitted
on the premises using the machines.
(d)
The rules that will be imposed governing the
minors not accompanied by adults.
(e)
Designation of the rules and regulations to
be posted on the premises.
(f)
General statement of where the machines are
to be placed.
(g)
Rules prohibiting possession or consumption
of alcoholic beverages or controlled drugs, loitering or presence
of minors during school and evening hours and the maximum occupancy.
C.
The Director of the Office of Licenses, Zoning and
Inspections shall transmit to the Chief of Police the permit application
for investigation on the applicant's fitness to obtain said permit.
The Chief of Police or his designee shall be allowed 20 days to determine
whether the applicant has been convicted of a misdemeanor or felony
within the past 10 years. Conviction of a misdemeanor or felony within
the past 10 years shall be adequate cause to deny said permit if said
conviction involved racketeering activities as defined in the Commonwealth
of Pennsylvania Crimes Code.[1]
[Amended 12-15-1982 by Ord. No. 1029; 10-20-1992 by Ord. No.
92-17]
[1]
Editor's Note: See 18 Pa.C.S.A. § 101
et seq.
D.
Upon notification by the Chief of Police to the Director
of the Office of Licenses, Zoning and Inspections that the applicant
is not disqualified to obtain said permit and upon compliance with
all pertinent state and local codes and upon payment of the proper
fees, said permit shall thereupon be issued.
[Amended 10-20-1992 by Ord. No. 92-17]
F.
Each permit shall be displayed in a readily visible
location upon the premises.
G.
Each device permit represents permission for the use
of one such device and is freely transferable to a replacement device
of some other size upon the same premises but is not transferable
to any replacement device of greatly dissimilar size or to any device
upon other premises owned or operated by the permit holder or any
other person.
The number of devices permitted in any separate
commercial establishment shall be limited to two unless provisions
hereinafter set forth for additional machines are fully complied with.
A.
Such devices shall be located on the premises in such
a manner as not to impair ingress or egress to the premises and as
not to interfere with the necessary or customary circulation of customers
and employees. The devices shall also be located in a manner that
will discourage excessive congregation of persons around the devices,
and the Director of the Office of Licenses, Zoning and Inspections,
in reviewing the proposed floor plan submitted with the application,
may take said considerations into account in approving or disapproving
said proposed floor plan.
[Amended 10-20-1992 by Ord. No. 92-17]
B.
Such devices shall be located where they are visible
to the permittee or his authorized representative in the conduct of
the primary enterprise of the premises; otherwise separate full-time
supervision of amusement devices shall be provided, with the capability
to isolate the amusement device area for public access when such supervision
is not provided.
C.
No permittee shall allow any minor under the age of
18 years to operate such a device during such times and in such a
manner that would constitute a violation of the minor's curfew laws
of the Township of Bristol.[1] Furthermore, no permittee shall allow any minor under
the age of 18 years to operate such a device between the hours of
5:00 a.m. and 3:00 p.m. on days when said minor is required to be
in regular school attendance.
[Amended 10-20-1992 by Ord. No. 92-17]
Should the applicant desire to obtain permits
for more than two devices, additional regulations shall apply in light
of the increased potential for the establishment of public nuisances
and the increased need for general supervision. An adult who is 21
years of age or older must be on the premises supervising the operation
of the devices during all hours in which said devices are operated.
The applicant must provide in its management plan for adequate supervision
and will be subject to the review and approval by the Director of
the Office of Licenses, Zoning and Inspections.
A.
Any permit issued pursuant to the provisions of this
article shall expire upon the following conditions:
B.
All permits issued pursuant to the provisions of this
article are subject to suspension or revocation by the Director of
the Office of Licenses, Zoning and Inspections upon the following
conditions:
[Amended 12-15-1982 by Ord. No. 1029; 10-20-1992 by Ord. No.
92-17]
(1)
Willful misrepresentation by the permittee or his
agent in applying for the permit.
(2)
Conviction of the permittee for any felony or misdemeanor
involving force, violence, disorderly conduct, moral turpitude or
gambling.
(3)
The existence of a nuisance to customers and other
business or the public, stemming from the operation of electronic
video amusement devices on the permittee's premises.
