[HISTORY: Adopted by the Board of Supervisors
of the Township of West Deer as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-18-2006 by Ord. No. 352[1]]
[1]
Editor's Note: This ordinance also superseded
former Art. I, Mechanical and Electronic Devices adopted 11-10-1983
by Ord. No. 155, as amended.
This article shall be known and may be cited
as the "West Deer Township Mechanical or Electronic Device Ordinance."
No person or persons, firm or corporation shall
at any time have in his, her or its possession and/or control within
the Township of West Deer any mechanical or electronic device, machine
or apparatus whatsoever for the playing of games and amusements, said
mechanical devices being known as "pinball machines," on which baseball,
football, bowling, shuffleboard and other games are played through
the insertion therein of a coin, metal disk or other token whatsoever;
any mechanical or electronic device, machine or apparatus whatsoever
for the playing of video amusements, said devices being commonly known
as "video game machines," which are in fact amusement devices operated
by the insertion therein of a coin, metal disk or other token whatsoever
and the pulling of a lever or pushing of a button which permits the
operator to control a video display terminal for amusement purposes;
or any machine or mechanical or electronic device of any nature which
sets in motion cylinders or mechanical devices which exhibit different
combinations of symbols entitling the operator to free plays, prizes
or cash; or any mechanical or electronic device, machine or apparatus
whatsoever whereon or whereby music is played for the insertion therein
of a coin, metal disk or other token whatsoever, without having first
procured and paid for a license therefor, as hereinafter provided.
Any person or persons, firm or corporation desiring to procure a license as provided in § 75-2 of this article shall apply therefor in writing to the Secretary of the Township of West Deer or his or her designee. Said application shall set forth the name or names, the residence or residences of the person or persons, firm or corporation so applying to either with the present and previous occupation of the applicant or applicants and the length of residence at the present place of residence, the exact name of the owner of the premises upon which said machine or machines are to be installed, and if the owner of the premises is not the applicant, then the applicant shall set forth the length of time for which the premises have been leased or otherwise occupied and whether the applicant is a citizen of the United States of America. The applicant shall also set forth the description, kind and nature of the machine or machines to be installed and used. The information required by this section shall be furnished over the signature or signatures of the applicant or applicants and shall be verified by oath or affirmation.
No license shall be granted until a period of
10 days shall have elapsed from the date the application is filed
with the Secretary of the Township or his or her designee, during
which time the Secretary of the Township may, at his or her discretion,
investigate the facts set forth in the application; and no license
shall be granted to any person not a citizen of the United States
of America. The Secretary shall deny a license to any applicant or
applicants submitting an application with false or erroneous information.
Nothing in this article shall in any way be
construed to authorize, license or permit any gambling device whatsoever,
or any mechanism which has been judicially determined to be a gambling
device or in any way contrary to law.
[Amended 4-20-2016 by Ord. No. 408]
A.
No license shall be issued under the provisions of this article for any pinball machine or video arcade game machine, as defined in § 75-2 of this article, until an annual fee therefor shall have been paid for the use of the Township in an amount as set forth from time to time by resolution of the Board of Supervisors. Pool tables, electronic video poker, cherry master, and other electronic gaming machines are assigned a license fee as set forth from time to time by resolution of the Board of Supervisors. Amounts paid as aforesaid shall be a license fee until December 31 of the year in which said license fee is paid; provided, however, that should any such machine or device be installed after July 1 of any year and application for license therefor be made after said date, then and in that event, the license fee for such machine or device, until December 31 of that particular year, shall be as set forth from time to time by resolution of the Board of Supervisors.
B.
No license shall be issued under the provisions of this article for any mechanical or electronic device, machine or apparatus whereon and whereby music is played, as defined in § 75-2 of this article, until an annual fee therefor shall have been paid for the use of the Township in the sum as set forth from time to time by resolution of the Board of Supervisors, which amount paid as aforesaid shall be a license fee until December 31 of the year in which said license fee is paid.
Upon payment of the license fee as provided
by this article, the Secretary of the Township, or his or her designee,
shall issue a permit setting forth the number of the license for each
machine so licensed, the date of issue and the kind and nature of
the machine so licensed, which permit shall be attached to, or conspicuously
displayed in the immediate vicinity of the machine or device so licensed,
in such manner that the same may be at all times clearly observable
and readable.
The Secretary of the Township, or his or her
designated representative, shall have the right at all reasonable
times to inspect any premises having any such mechanical or electronic
device or machine as defined herein, and any person or persons, firm
or corporation in possession and/or control of any such premises shall
permit such inspection at reasonable times.
[Amended 4-20-2016 by Ord. No. 408]
Any person, partnership or corporation who or which has violated
or permitted the violation of any provision of this article, upon
being found liable therefor in a civil enforcement proceeding commenced
by the Township, shall pay a judgment of not more than $600, plus
all court costs. No judgment shall commence or be imposed, levied
or payable until the date of the determination of a violation by a
Magisterial District Judge. If the defendant neither pays nor timely
appeals the judgment, the Township may enforce the judgment pursuant
to the applicable rules of civil procedure, at which time, in addition
to any penalties, the violator shall be liable for any attorneys’
fees and costs incurred by the Township. Each day that a violation
continues or each section of this article which shall be found to
have been violated shall constitute a separate violation.
The license fee herein imposed shall continue
in force on a calendar-year basis following December 31, 1983, without
annual reenactment until such time as the Board of Supervisors of
the Township of West Deer shall change the amount of the license fee
or, by appropriate ordinance, repeal the imposition of such annual
license fee.
