[HISTORY: Adopted by the Borough Council
of the Borough of Silverdale 6-6-1983 by Ord. No. 173. Amendments noted where
applicable.]
GENERAL REFERENCES
Noise — See Ch. 219.
The provisions of this chapter are designed
to promote and protect the health, safety, morals, and general welfare
of the residents of the Borough of Silverdale by regulating the installation
and operation of amusement devices within the Borough. It is intended
to protect property values, create a more-attractive economic and
business climate, enhance and protect the physical appearance of the
community, reduce hazards and curb the deterioration of community
environment.
As used in this chapter, the following terms
shall have the meanings indicated:
Any automatic, mechanical, electric, or electronic machine
or device used or designed to be operated as a game, or for entertainment
or amusement, by the insertion of a coin, token, key, money, or other
article or by the payment of money to have it activated. This definition
shall not include the following devices:
No person, firm, association, corporation or
other entity shall place, possess, keep, maintain, exhibit, use or
operate, or permit to be placed, possessed, kept, maintained, exhibited,
used or operated, any amusement device in or upon any building, premises,
store or other public or quasi-public place in their possession or
under their control within the Borough of Silverdale without first
obtaining a license therefor.
No more than two amusement devices shall be
licensed under this chapter for maintenance, exhibition or use in
or upon the store or other place at any one time.
A.
Application for an amusement device license shall
be made to the Secretary or his authorized representative, on forms
to be prescribed by him, accompanied by a nonrefundable application
fee as set forth from time to time by resolution of the Borough Council,
which shall set forth, among other information deemed to be required
and prescribed by the Secretary, the following:[1]
(1)
The name and address of the applicant, if individuals,
or if a partnership, association, or other entity, the names, residences,
and occupations of each member of the partnership, association, or
other entity, and if a corporation, the address of its registered
office and principal place of business, the names and addresses of
its officers and directors.
(2)
Any prior criminal record of the applicant or of anyone
associated with the applicant as a partner, associate, agent or employee,
or as an officer or director of a corporation.
(3)
The manufacturer, name, dimensions, serial number
and a general description, including a statement of ownership, of
the amusement device.
(4)
The address of the place where the amusement device
is to be placed, possessed, kept, maintained, exhibited, used or operated.
(5)
A floor plan of the building, premises, store or other
public or quasi-public place shall be provided showing the proposed
placement of the amusement device on the applicant's premises, in
form and detail designed by the Secretary.
(6)
Authorization for the Building Inspector or other
duly authorized Borough official to inspect the building, premises,
store or other public or quasi-public place for which the application
is sought.
(7)
Compliance with all Borough zoning requirements.
B.
Upon receipt of a properly completed and filed application,
together with payment of the application fee, the Secretary shall
transmit same to the appropriate Borough officials, including but
not limited to the policing authority and Building and Zoning Officer,
as the Secretary deems appropriate in order to verify the accuracy
of the information submitted on the application, compliance with all
local ordinances and state and federal laws, and suitability of the
applicant and the premises for an amusement device license.[2]
C.
Any applicant whose application for an amusement device
license has been denied by the Secretary shall have the right to have
the denial reviewed by the Borough Council upon filing a written notice
of appeal within 30 days after notice of denial.
A.
Upon approval of an application and payment of an
annual fee, the Secretary shall issue a license to the applicant for
the location and placement of an amusement device.
B.
The annual fee for each license shall be as set forth
from time to time by resolution of the Borough Council for each amusement
device upon the applicant's premises. Said license shall be issued
for the calendar year commencing January 1 and expiring December 31.
Said license shall be renewed annually on or before December 31 by
the filing of a written renewal application, accompanied by the license
fee for each renewal. The license fee for any licence issued in any
calendar year after July 1 shall be 1/2 of the annual license fee.[1]
C.
The license shall be displayed in a manner approved
by the Secretary.
A license may be transferred to another qualified
owner by the license holder within the calendar year of issuance upon
submission of a new application for a transfer license from the Borough
and paying the sum therefor as set forth from time to time by resolution
of the Borough Council.
A.
There shall be not less than 75 square feet of usable
floor space on the premises for each amusement device.
B.
Not less than three feet of open space shall be provided
along the side of each device. Where two devices are adjacent to each
other, there shall be at least six feet of open space between the
devices.
C.
Not less than four feet of open space shall be provided
for the operator directly in front of each device. Where two devices
are opposite each other, there shall be at least eight feet of open
space for the operators directly in front of each device.
[Amended 7-6-1987 by Ord. No. 192]
An amusement device license may be issued only for a building, premises, store or other public or quasi-public place located within an R-C Residence-Commercial District, subject to compliance with the terms and provisions of Chapter 340, Zoning, pertaining to amusement devices.
A.
The owner, occupant, tenant, or operator of any premises
where amusement devices are located within the Borough of Silverdale
shall comply with all provisions of law, ordinance, rule, or regulation
applicable thereto and relating to the conduct of the business in
connection with which the device is used and the use and maintenance
of the premises where it is located.
B.
The owner, occupant, tenant, or operator of any premises
where amusement devices are located shall maintain good order on the
premises at all times. The lack of good order on the premises shall
include but not be limited to the following:
C.
The owner, occupant, tenant, or operator of any premises
where amusement devices are located shall maintain adequate supervision
of the premises at all times when devices are in operation. No amusement
device shall be available for use or operation unless it is under
the control of and supervision by one or more persons over the age
of 18 years, who shall ensure that it is operated in compliance with
this chapter.
D.
The owner, occupant, tenant or operator of any premises
where an amusement device or devices are located shall not permit
the device or devices to be played or operated after 11:00 p.m. by
a person under the age of 16 unless accompanied by and under the supervision
of a parent or other legal guardian over the age of 21.
A.
Any license issued pursuant to the provisions of this chapter shall terminate upon any of the following occurrences, unless otherwise transferred under § 100-7 hereof:
B.
All licenses issued pursuant to the provisions of
this chapter are subject to suspension or revocation by the Secretary
upon any of the following conditions:
(1)
Willful misrepresentation made by the license holder
or his agent in applying for the license.
(2)
Conviction of the license holder for any felony or
misdemeanor involving force, violence, moral turpitude or involving
any violation of this chapter.
(3)
The existence of a nuisance to the general public,
or to persons residing in the vicinity or businesses located in the
vicinity, resulting from loitering by persons on the premises in which
the license holder's amusement devices are located or any excessive
noise caused by the amusement devices or persons playing the amusement
devices.
C.
Prior to any action suspending or revoking any license,
the Secretary shall give the license holder written notice of his
intention to suspend or revoke the license and the reasons therefor,
affording an opportunity to the license holder to correct or remedy
any deficiencies or violations forming the basis for the proposed
suspension or revocation.
D.
Any person, firm, corporation, or other entity aggrieved
by the suspension or revocation of any license pursuant to the provisions
of this chapter may, within 30 days' receipt of notice of suspension
or revocation, appeal to the Borough Council from the action of the
Secretary in suspending or revoking the license; provided, however,
that such suspension or revocation shall continue in effect and shall
not be stayed pending the disposition of the appeal.
Any person, firm, association, corporation or
other entity who shall violate any of the provisions of this chapter
shall, upon conviction, be sentenced to pay a fine of not more than
$600, and costs of prosecution, for each violation or, in default
of payment of such fine and costs, to undergo imprisonment for not
more than 30 days for each violation.
