[Amended 12-19-1983 by Ord. No. 613]
A. No person(s), firm or corporation shall, at any time,
have in his, her or its possession within Butler Township any:
(1) Coin-operated, mechanical and/or electronic device,
machine or apparatus whatsoever, for the playing of games and amusements
without first procuring a license for the premises in which the device(s),
machine(s) or apparatus is/are located as hereinafter provided.
(2) Jukebox or similar device which provides for the playing
of music, without first procuring a license for the premises in which
the device(s), machine(s) or apparatus is/are located as hereinafter
provided.
B. This chapter applies to all such machines which require
the insertion therein of a coin, slug or any such disc or token of
whatever nature which provides for the playing of music, games and/or
amusements.
Exempted herefrom are machines, devices or apparatus
for the playing of pool, billiards and bowling which are not coin-operated
but which are played on regulation tables and bowling alleys.
[Amended 12-19-1983 by Ord. No. 613; 10-5-1998 by Ord. No. 765]
Any person or persons, firm or corporation, desiring to procure a license, as provided in §
119-1 of this chapter, shall apply therefor, in writing, to the Township Secretary; said application shall set forth the name or names, the residence or residences of the person or persons, firm or corporation so applying, together with the present and previous occupation of the applicant or applicants, and the length of residence at the present and at the previous place of residence; the name of the owner of the premises upon which the aforesaid machines are to be used and installed, the address of the premises for which the license is to be issued, and, if the owner of the premises upon which the aforesaid machines are to be used and installed is not the applicant, then the applicant shall set forth the length of time for which the premises has been leased. The application shall set forth the number of machines to be installed or maintained on the premises to be licensed and the manufacture and nature of the machines to be installed and used.
The information required in §
119-2 hereof shall be furnished over the signature of the applicant or applicants and shall be made under oath or affirmation.
No license need be issued until the passage
of 14 days from the date of submission of application, during which
time the Township Secretary or his designee shall investigate the
facts set forth in the application and all circumstances relating
thereto, unless the Township Secretary shall deem a shorter period
of time appropriate in any individual case.
No license shall be granted to any person who
was convicted of any crime within a five-year period immediately preceding
the submission of the application, unless the Township Secretary determines
from the investigation referred to above that such person with a record
of a criminal conviction(s) is nevertheless a person of good repute,
in which case a license may be issued to that person.
Nothing in this chapter shall in any way be
construed to authorize, license or permit any gambling devices whatsoever
or any mechanism that has been judicially determined to be a gambling
device, or in any way contrary to law, or that may be contrary to
any future laws of the Commonwealth of Pennsylvania.
[Amended 12-19-1983 by Ord. No. 613]
A. No license shall be issued for any premises until an annual fee therefor shall have been paid to the Township Treasurer in the sum of $75 for each and every device set forth in §
119-1A(1) so installed and used in said premises and $50 for each and every jukebox and device referred to in §
119-1A(2) so installed and used in said premises, under the terms of this chapter, in the Township of Butler, which amount paid as aforesaid shall be a license fee for the premises until December 31 of each year.
B. Should the number of devices installed or used in
the premises increase during the year, the licensee shall immediately
apply for an amendment of the license and pay an additional license
fee, in accordance with this chapter, for each additional device so
installed or used.
[Amended 12-19-1983 by Ord. No. 613; 10-5-1998 by Ord. No. 765]
Upon the payment of the license fee provided
by this chapter, the Township Secretary or his designee shall issue
a license for the premises, setting forth the number of the license
for the premises and the number of machine or machines permitted to
be installed or used in the licensed premises, which license shall
be conspicuously displayed at all times in the licensed premises.
Should any person to whom such license may be
issued knowingly operate or cause to be operated said mechanical and/or
electronic devices for any purpose other than as a game of skill,
his license shall be revoked.
[Amended 10-5-1998 by Ord. No. 765]
In addition to having the license revoked as
set forth herein, any person or persons, firm or corporation violating
any of the provisions of this chapter shall be fined a sum of not
less than $100 and not in excess of $600 for each and every offense
and, in default of the same, shall be committed to the Butler County
Jail for a period of not more than 30 days, at the discretion of the
committing Magistrate. Each and every day that any machine or device,
under the terms of this chapter, shall be operated and used in violation
thereof shall constitute a separate and distinct offense under this
chapter and shall be subject to separate and distinct penalties thereunder.