[Ord. 156, 10/27/1981, § 100.01]
1.
INSIGNIA
LICENSEE
LICENSE OFFICER
When used in this Part and unless otherwise distinctly expressed,
the following words and phrases shall have the meanings set out herein:
Any tag, plate, emblem, sticker, certificate or any other
similar device which may be required for any use in connection with
any license.
A license holder for any use or period of time of any special
privilege granted relevant to any provision of this Part.
The Secretary of the Township, and/or any other individuals
as named by the Board of Supervisors of the Township. Said license
officer is hereby empowered to delegate any authority granted him
to any other officer or employee of the Township.
[Ord. 156, 10/27/1981, § 100.02]
1.
Compliance Required. No person, either directly or indirectly, shall
conduct any business or nonprofit enterprise or use in connection
therewith any vehicle, premises, machine or device, in whole or in
part for which a license is required by any law or ordinance, without
first obtaining such license and keeping it in effect at all times
as required by law or ordinance; no person under 18 years of age shall
be entitled to such a license.
[Ord. 156, 10/27/1981, § 100.03]
1.
Duties. The license officer shall collect all license fees and issue
all licenses in the name of the Township to all persons qualified
under the provisions of this Part and shall do the following:
A.
Make Rules. Promulgate and enforce all reasonable rules and regulations
necessary to the operation and enforcement of this Part.
B.
Adopt Forms. Adopt all forms and prescribe the information to be
given therein.
C.
Investigate. Investigate and determine the eligibility of any applicant
for a license as prescribed herein.
D.
Examine Records. Examine the books and records of any applicant when
reasonably necessary to the administration and enforcement of this
Part.
E.
Give Notice. Notify any applicant of the acceptance or rejection
of his application and deliver written reasons for denial at the applicant's
request.
[Ord. 156, 10/27/1981, § 100.04]
1.
General Standards to Be Applied. The general standards herein set
forth shall be considered and applied by the license officer before
awarding a license:
A.
License History. The license history of the applicant; whether such
person, in previously operating in this or another state under a license
has had such a license revoked or suspended and the reasons thereof.
B.
No Township Obligations. Each applicant shall not be in default under
the provisions of this Part nor indebted nor obligated in any manner
to the Township except for current taxes.
C.
Compliance with Building and Zoning Laws. Each applicant shall certify
to his knowledge that he is not in violation of any Township building
or zoning laws and that the grant of the license sought does not violate
such laws.
[Ord. 156, 10/27/1981, § 100.05]
License issuance procedure shall be as is determined by the
license officer.
[Ord. 156, 10/27/1981, § 100.06]
1.
The license officer shall not issue a license if it is determined
that the licensed activity at the proposed location:
A.
Will be detrimental to or endanger the public health, safety, morals,
comfort or general welfare.
B.
If the proposed use will be injurious to the use and enjoyment of
other property in the immediate vicinity of the proposed use.
C.
If the premises are not of a nature and type that are suitable for
the licensed activity.
[Ord. 156, 10/27/1981, § 100.07]
1.
License fees shall be in the amounts established in the applicable
sections of this Part.
A.
Adjustment. The license officer shall require an increase in fee
when the status of a licensee changes to place him in a classification
imposing such increase in fee.
B.
Rebate. No rebate or refund of any license fee or part thereof shall
be made for any reason except if the fee or any part thereof was collected
through an error.
[Ord. 156, 10/27/1981, § 100.08]
1.
Each license issued shall state upon its face:
[Ord. 156, 10/27/1981, § 100.09; as amended by
Ord. 418, 1/29/2014]
1.
General Standards of Conduct. Every licensee under this Part shall:
A.
Permit Inspection. Permit all reasonable inspections of his business
and examinations of his books by public authorities authorized by
law.
B.
Comply with Governing Law. Ascertain and at all times comply with
all laws, ordinances and regulations applicable to such licensed business.
C.
Operate Properly. Avoid all forbidden, improper or unnecessary practices
or conditions which do or may affect the public health, morals or
welfare.
D.
Cease Business. Refrain from operating the licensed businesses on
premises after license expiration and during any period of revocation
or suspension.
2.
Display of License and/or Insignia. Every licensee shall display
or affix such license or insignia as is hereinafter required or may
be required by the license officer.
3.
New Location Desired. A licensee shall have the right to change the
license of the proposed business provided he shall:
[Ord. 156, 10/27/1981, § 100.10]
A license is not transferable to another person, and is not
otherwise transferable except as may be expressly provided elsewhere
in this Part.
[Ord. 156, 10/27/1981, § 100.11]
1.
Inspections. The following persons, hereinafter called "inspectors,"
are authorized to conduct inspections in the manner prescribed herein:
A.
License Officer. The license officer shall make all investigations
reasonably necessary to the enforcement of this Part.
B.
Authorized Officials. The license officer shall have the authority
to order the inspection of licensees, their businesses and premises,
by all Township officials having duties to perform with reference
to such licensees or businesses.
C.
Police Officers. All police officers shall inspect and examine businesses
located within their respective jurisdictions to enforce compliance
with this Part.
2.
Authority of Inspectors. All inspectors shall have the authority
to enter premises to inspect for violation of any provision of this
Part. Persons inspecting licensees, their businesses or premises as
herein authorized shall report all violations of this Part or of other
laws or ordinances to the license officer and shall submit such other
reports as the license officer may require.
[Ord. 156, 10/27/1981, § 100.12]
When a person knowingly allows another person who has not obtained
a license to use his premises for an activity requiring a license
under this Part, the person who allows his premises to be so used
shall be liable for any applicable fees required herein.
[Ord. 156, 10/27/1981, § 100.13]
1.
Any license issued pursuant to the provisions of this Part may be
revoked or suspended by the license officer for any of the following
reasons:
A.
Fraud, misrepresentation or false statement contained in the license
application.
B.
Fraud, misrepresentation or false statement made in the course of
carrying on the business.
C.
Violation of any provision of this title or rules or regulations
duly made in accordance therewith.
D.
Conviction of any crime or misdemeanor involving moral turpitude.
E.
Conducting the business or using any vehicle, premises, machine or
other device in connection therewith in an unlawful manner or in such
a manner as to constitute a breach of peace or a menace to the health,
safety or general welfare of the public.
F.
Obstruction of or denial of entry for authorized inspections.
G.
Violation of any Township building or zoning laws, or rules or regulations
duly made in accordance therewith.
2.
The license officer shall revoke the license of any licensee whose
license was suspended twice within any one year's period of time and
no new license or reinstatement or renewal shall be approved or issued
for one year from the revocation date.
[Ord. 156, 10/27/1981, § 100.14]
1.
Any person aggrieved by any action of the license officer may request
a hearing before the license officer within 10 days following the
effective date of any action complained thereof. The appeal shall
set out a copy of the order or decision appealed from and shall include
a statement of the facts forming the basis of the appeal.
2.
A copy of such appeal shall be filed by the appellant with the license
officer at the time of filing. The license officer shall notify the
aggrieved party of the date and place of hearing within five days
of receipt of the appeal, and the hearing shall be held within 15
days from date of appeal.
[Ord. 156, 10/27/1981, § 100.15; as amended by
Ord. 418, 1/29/2014]
Whoever violates any provision of this Part, upon conviction
thereof in an action brought before a magisterial district judge in
the manner provided for the enforcement of summary offenses under
the Pennsylvania Rules of Criminal Procedure, shall be sentenced to
pay a fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 90
days. Each day that a violation of this Part continues or each section
of this Part which shall be found to have been violated shall constitute
a separate offense.
[Ord. 156, 10/27/1981, § 200.01; as amended by
Ord. 274, 4/12/1994, § 1]
1.
No person shall set up, establish, or cause to be set up or established,
or exhibit, display or maintain for the purpose of gaining advantage
or profit within the Township any mechanical or electronic device,
machine or apparatus of any kind for the playing of games or otherwise
used for the purpose of amusement or entertainment by the insertion
therein of a coin or any other metal disc, slug or token, including,
but not limited to, pinball machines, jukeboxes; and video games,
without first obtaining a license from the license officer.
2.
This Part is not applicable to devices, machines or apparatus where
the cost, price or consideration for playing one game is less than
$0.05.
3.
This Part is not applicable to devices normally referred to as "video
poker machines."
[Ord. 156, 10/27/1981, § 200.02]
[Ord. 156, 10/27/1981, § 200.03]
Nothing in this Part shall authorize, license or permit any
gambling devices, or any mechanism that has been judicially determined
to be a gambling device, or that is in any way contrary to present
or future law.
[Ord. 156, 10/27/1981, § 200.04; as amended by
Ord. 274, 4/12/1994, § 2; and by Ord. 418, 1/29/2014]
1.
The annual fee for a license for every mechanical or electronic amusement
device as regulated by this Part shall be in an amount as established,
from time to time, by resolution of the Board of Supervisors. The
annual fees may be modified by resolution of the Board of Supervisors
of North Fayette Township without the necessity of amending this Part.
2.
Each mechanical or electronic amusement device shall bear a sticker
or emblem issued by the license officer.
3.
A mechanical or electronic amusement device licensed herein may be
removed to another location after the licensee notifies the license
officer and pays a relocation fee, in an amount as established, from
time to time, by resolution of the Board of Supervisors.
[Ord. 156, 10/27/1981, § 200.05; as amended by
Ord. 418, 1/29/2014]
Failure of any individual to comply with the provisions of this
Part, upon conviction thereof in an action brought before a magisterial
district judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
