[HISTORY: Adopted by the Borough Council of the Borough of Brookville as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-21-1982 by Ord. No. 871]
The subject matter of this article is the regulation, licensing and fines for the operation of:
A. 
Machines operated as games of skill and played for amusement in the Borough of Brookville that operate upon the insertion of a coin or token. (These machines are to include but are not limited to pinball machines, electronically operated shuffleboard, tennis, billiards, bowling and video games.)
B. 
Machines for the playing of music in the Borough of Brookville that operate upon the insertion of a coin or token.
A. 
It is the purpose of this article that after the effective date thereof, it shall be unlawful for any person, persons, corporation, companies, or firms to have, keep, lease or maintain for purpose of operation any of the aforementioned type of machines without first having obtained the proper license from the Borough Secretary-Treasurer.
B. 
This license shall be posted at all times by affixing same in a conspicuous manner on the premises so as to be easily seen and read by all parties who visit wherein the machines are operated.
The application for the aforementioned license shall be filed in writing with the Borough Secretary-Treasurer on a form to be provided by the Borough of Brookville and shall specify:
A. 
The name and address of the applicant and, if a firm, corporation, partnership or association, the principal officer thereof and address.
B. 
The name and address of the owner of the machines, or the business (one who leases or distributes for the purpose of operation by another) if it be different from the applicant.
C. 
The address of the premises where the licensed machines are to be operated, together with the general nature of the business as carried on at such place.
D. 
The number of machines to be licensed together with a general description of the same.
E. 
The fee that is paid and the effective date of the application, which shall be from whatever date the applicant starts the business of that year until December 31 of that year.
A. 
No license shall be issued under this article for any coin-operated amusement devices or music machines until the annual fee shall have been paid to the Borough Secretary-Treasurer. This annual license fee shall be as set from time to time by resolution of the Borough Council.
B. 
The license fee for a partial year shall be prorated on the basis of the number of months remaining in the year. A fraction of a month shall be considered as a full month.
C. 
For purposes of yearly renewal, the fee shall be paid on or before January 31 of each year.
D. 
This license shall not be transferable from one applicant to another. A new owner, proprietor, or operator shall be required to secure a new license and pay the fees thereof. However, a new or different license shall not be required when one machine is replaced by another as long as the total number remains the same on the licensed premises.
A. 
It shall be prohibited to license, maintain, place or operate a game machine or machines as described in this article at any location within 300 feet of an entrance to a public school or public playground. The 300 feet shall be measured along the street line.
B. 
It shall be prohibited to offer any prize or any other award to any person playing a coin-operated amusement device. In addition, it shall be prohibited to permit any said machine to be used for any gambling purpose.
The Brookville Borough Police Department shall make periodic inspections of all premises where machines of amusement and games of skill for amusement are operated for the purpose of enforcing this article.
A. 
Any person, partnership or corporation which violates any provision of this article shall, upon conviction thereof before a District Justice, be sentenced to pay a fine of not more than $600, plus costs of prosecution, and, in default of payment of such fine and costs, be liable to imprisonment for not more than 30 days. Each day that a violation is continued shall constitute a separate offense. All fines shall be paid to the Borough of Brookville for its general use.
B. 
Nothing herein contained shall prevent the Borough of Brookville from taking such lawful action as is necessary to prevent or remedy any violation.