[Ord. 1982-8, 4/19/1982, § 1]
This Part 3 shall be known and may be cited as "the Borough
of Doylestown Video Game Room/Pinball Arcade and Video Game and Pinball
Machine Ordinance."
[Ord. 1982-8, 4/19/1982, § 2]
VIDEO GAME ROOM/PINBALL ARCADE — Any place of
business or establishment or any structure containing four or more
video game or pinball machines.
Proprietor, lessee, manager, or employee of any video game
room/pinball arcade or business.
Any mechanical or electrical device which provides amusement,
or entertainment, which may be operated or set in motion upon the
insertion of a coin or token. This definition shall not include juke
boxes, telephone devices, or machines that sell merchandise.
A building, or a part of a building where video game or pinball
machines are located, under the ownership or control of the operator.
[Ord. 1982-2, 4/19/1982, § 3]
1.
No video game or pinball machine shall be installed, operated or
maintained in any store, shop, tavern, restaurant or other place of
business, or in or about any private club or organization, or in or
about any structure unless the proprietor of the premises shall have
first obtained a license for that purpose from the Borough Manager
of the Borough.
2.
As of the effective date of this Part 3, the Borough Manager of the Borough may issue to said proprietor a license as provided for in subsection 1 above, provided that one machine shall be allowed for the first 200 square feet of floor area. For the purposes herein, floor area shall be defined as the floor area with a structure intended to be used by patrons, guests, members, parishioners, clients or customers. Additionally, said machine(s) shall be permitted on the premises only in conformance with the provisions of the Doylestown Borough Zoning Ordinance, Ordinance No. 1972-10, as amended.
3.
The requirements set forth in subsection 2 hereof shall not be applicable to machine(s) which are used in educational facilities.
4.
Any licensee pursuant to subsection 1 hereinabove who would not be in conformance with the provisions as set forth in subsection 2 hereof as of the effective date of this Part 3 shall be permitted to continue said nonconformance beyond the effective date of this Part, provided that no additional skill amusement machine licenses shall be granted to said licensee which would increase said nonconformance. However, any provisions to the contrary herein contained notwithstanding, a license shall be procured for each video game or pinball machine as required herein.
5.
Every person, firm, or corporation desiring to obtain a video game or pinball machine license as required by subsection 1 hereof shall annually file a written application to the Borough Manager of the Borough of Doylestown on forms provided by the Borough, together with an application fee of $100 for each video game or pinball machine or such other fee as may hereafter be established, from time to time by resolution of Borough Council. The form of application shall be such as is approved by the Borough Council of the Borough of Doylestown. The license shall be prominently displayed on the premises in a conspicuous place near the entrance. Prior to any additional machines being installed on the premises, a new license shall be procured. No licensed machine shall be moved to another premises without a new license having first been acquired.
6.
Before any video game or pinball machine license shall be issued,
an inspection of the premises shall be made by the Building Inspector,
who shall determine that all the requirements of this Part have been
met.
7.
The Borough Manager, upon receiving such an application, if presented
in due form and upon being advised by the Building Inspector that
said premises conforms to the requirements hereof, shall grant such
video game or pinball machine license to the applicant for a term
expiring on the 31st day of December of each year. All such license
shall be in such form as the Borough Council may prescribe and shall
contain the name, address of business, number of machines licensed,
and the date of expiration of said license, and shall be authenticated
by the signature of the Borough Manager. All licenses shall be issued
to a specific person, firm, or corporation and for a specific location.
[Ord. 1982-2, 4/19/1982, § 4]
No video game room/pinball arcade shall be established, maintained,
or conducted in the Borough of Doylestown by any person, firm, or
corporation without first obtaining a license to operate such a place
from the Borough Manager of the Borough of Doylestown and no operator,
as defined herein, shall allow or permit the use of four or more video
games or pinball machines unless a video game room/pinball arcade
license for such use shall have been obtained from the Borough Manager
of the Borough of Doylestown.
1.
Every person, firm, or corporation desiring to obtain a license for
a video game room/pinball arcade as required by this Part 3 shall
file a written application to the Borough Manager of the Borough of
Doylestown on forms approved by Borough Council, together with an
application fee of $25 or such other fee as may hereafter be established,
from time to time, by resolution of Borough Council. In addition to
the aforementioned application fee, said application shall also be
accompanied by a fee of $100 for each video game or pinball machine
to be situate on the said premises, or such other fee as may hereafter
be established, from time to time, by resolution of Borough Council.
2.
Each operator or licensee shall, at all times, display the video
game room/pinball arcade license granted hereunder in a conspicuous
place near the entrance to the licensed establishment. A licensed
machine shall not be transferred to another premises without the obtaining
of a new license.
3.
Before any license for a video game room/pinball arcade and before
any video game or pinball machine licenses for video game or pinball
machines to be located within a video game room/pinball arcade shall
be issued, inspection of the premises shall be made by the Building
Inspector. Before such licenses shall be issued, the Building Inspector
shall determine that the applicant has conformed to all requirements
of this Part 3.
4.
The Borough Manager, upon receiving application for licenses for
a video game room/pinball arcade and video game or pinball machines,
if presented in due form and upon being advised by the Building Inspector
that the said premises conform to the requirements hereof, shall grant
such video game or pinball machine licenses and video game room/pinball
arcade license to the applicant for a term expiring on the 31st of
December of each year. All such licenses shall be in such form as
the Borough Council may prescribe and shall contain the name, address,
place of business, number of machines licensed and the date of expiration
of said license, and shall be authenticated by the signature of the
Borough Manager.
5.
All licenses shall be issued to a specific person, firm or corporation
and for a specific location.
[Ord. 1982-8, 4/19/1982, § 5]
No video game room/pinball arcade licenses shall be issued:
1.
Where the individual operator, managing agent of a corporation, or
active partner has been convicted of a crime involving a controlled
substance, alcohol, minors or a crime involving moral turpitude.
2.
For any premises, unless the Building Code, Fire Code, and other
pertinent provisions of all Borough ordinances, as far as can be determined,
are being complied with.
3.
For any premises that have living quarters with direct entry to the
premises.
4.
Whenever the Council shall find that the denial of such license is
necessary for the protection and conservation of the character and
social and economic stability of the surrounding area, and is necessary
for the health, safety and welfare of the residents of Doylestown
Borough.
[Ord. 1982-8, 4/19/1982, § 6]
1.
No operator of a video game room/pinball arcade or no licensee for
a video game room/pinball arcade shall open the licensed premises
for business between the hours of 1:00 a.m. and 7:30 a.m. (local time).
2.
There shall be an attendant on duty on the premises at all times
that a licensed premises shall be open for business.
[Ord. 1982-8, 4/19/1982, § 7]
Any license issued in accordance with this Part 3 may be renewed
for an additional year on the same terms and subject to the same requirements
as provided herein for an original license. Whenever the holder of
said license desires to affect a change in the place of doing business,
he shall make application for the required licenses for such new place
in the same manner as in the first instance. Furthermore, the application
for a renewal of an existing license shall be subject to the same
application fees as an application for an initial license. No license
issued pursuant to this Part 3 shall be assignable or transferable
nor shall any person nor entity excepting the person or entity to
which it was issued be permitted to do business thereunder either
directly or indirectly.
[Ord. 1982-8, 4/19/1982, § 8]
The Borough Council shall have the right to revoke any license
once granted when it appears to its satisfaction that any operator
or licensee has violated this Part 3, any ordinance of the Borough
of Doylestown or statute of the Commonwealth of Pennsylvania or of
the United States involving controlled substances, alcohol, minors,
or any offence involving moral turpitude. The revocation of any license
shall not be made without a hearing. Notice shall first be given to
the operator or licensee setting forth the time and place of hearing
and the reasons for such revocation upon receipt of a written request
for a hearing from such operator or licensee. All requests for hearings
shall be made within 10 days of the date of revocation of a license.
[Ord. 1982-8, 4/19/1982, § 9]
Any application for license not acted upon by the Borough Manager
within 30 days from the date of application shall be deemed to be
denied. Any applicant refused the issuance of a license shall have
the right to have a hearing before the Borough Council. No hearing
shall be scheduled unless requested in writing by an applicant refused
the license within 10 days of the denial of the license. Upon the
request for a hearing, the Borough Manager of the Borough of Doylestown
shall give written notice to the applicant of the time and place of
the hearing and the reasons for the denial of the license.
[Ord. 1982-8, 4/19/1982, § 10]
All fees set forth herein may be changed from time to time by
the Borough Council by resolution.
[Ord. 1982-8, 4/19/1982, § 11; as amended by Ord.
1984-1, 2/23/1984]
Any person, firm or corporation who shall violate any provision
of this Part 3 shall, upon conviction thereof, be sentenced to pay
a fine of not more than $300; and/or to imprisonment for a term not
to exceed 90 days. Every day that a violation of this Part 3 continues
shall constitute a separate offense.
