[Ord. 1-1982, 2/9/1982, § 1]
As used in this Part, unless the context otherwise indicates:
Any music vending machine, contrivance or device which, upon
the insertion of a coin, slug, token, plate, disc or key into any
slot, crevice or other opening, or by the payment of any price, operates
or may be operated, for the emission of songs, music or similar amusement.
Any machine, which upon the insertion of a coin, slug, token,
plate, or disc, may be operated by the public generally for use as
a game, entertainment or amusement, whether or not registering a score.
It shall include such devices as marble machines, pinball machines,
skill ball, electronic skill games and all games, operations or transactions
similar thereto under whatever name they may be indicated.
Any person, firm, corporation or association which owns,
leases or rents any such machine; the person, firm, corporation or
association in whose place of business any such machine is placed
for use by the public; and the person, firm, corporation or association
having control over such machine; provided, however, that the payment
of such fee by any person, firm, corporation or association enumerated
herein shall be deemed a compliance with this section of this Part.
This section shall include private clubs or organizations.
[Ord. 1-1982, 2/9/1982, § 2]
Nothing in this Part 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 State of Pennsylvania.
[Ord. 1-1982, 2/9/1982, § 3]
Any person, firm, corporation or association displaying for public patronage or keeping for operation any jukebox, or mechanical or electronic amusement device as herein defined by § 13-101 shall be required to obtain a license from the Township of Canton upon payment of a license fee. Application for such license shall be made to the Township Secretary upon a form to be supplied by the Township Secretary for that purpose.
[Ord. 1-1982, 2/9/1982, § 4]
1.
The application for such license shall contain the following information:
A.
Name and address of the applicant, age, date and place of birth.
B.
Prior convictions of applicant, if any.
C.
Place where machine or device is to be displayed or operated and
the business conducted at that place.
D.
Description of machine to be covered by the license, mechanical features,
name of manufacturer, serial number.
E.
The hours of operation of said devices.
2.
No license shall be issued to any applicant unless he shall be over
16 years of age and a citizen of the United States.
[Ord. 1-1982, 2/9/1982, § 5]
1.
Application for license shall be made out in triplicate, one copy
being referred to each of the following: Zoning Officer, the Chief
of Fire Department, and one copy to be retained by the Township Secretary.
A.
The Zoning Officer shall investigate the location where the applicant
proposes to operate such machines, ascertain if the applicant has
a criminal record, as well as determine if the machines are being
operated under the proper zoning regulations.
B.
The Fire Chief shall inspect the premises where the machines are
to be operated to determine if the building and/or buildings comply
with all applicable fire codes or ordinances.
C.
No license shall be issued to any applicant unless approved by the
Zoning Officer and Fire Chief.
[Ord. 1-1982, 2/9/1982, § 6; as amended by Ord.
2-2002, 5/15/2002, § 1]
Every applicant, before being granted a license, shall pay the following annual license fee for the privilege of operating or maintaining for operation each jukebox or mechanical or electronic amusement device as defined in § 13-101 herein. The annual fee shall be in an amount as established, from time to time, by resolution of the Board of Supervisors. However, should any jukebox or mechanical or electronic amusement device be installed and licensed after August 1st of any year, then, in such event, the license fee shall be in such reduced amount for each jukebox or mechanical or electronic amusement device as shall be established, from to time, by resolution of the Board of Supervisors. Each license shall expire on January 31 of each year and must be renewed within 30 days after expiration.
[Ord. 1-1982, 2/9/1982, § 7; as amended by Ord.
2-2002, 5/15/2002, § 1]
1.
The license or licenses herein provided for shall be posted permanently
and conspicuously at the location of the machine in the premises wherein
the device is to be operated or maintained to be operated.
2.
Such license may be transferred from one machine or device to another
similar machine upon application to the Township Secretary to such
effect, the giving of a description and the serial number of the new
machine or device and payment of the transfer fee in an amount as
established, from time to time, by resolution of the Board of Supervisors.
Not more than one machine shall be operated under one license and
the applicant or licensee shall be required to secure a license for
each and every machine displayed or operated by him.
3.
If the licensee shall move his place of business to another location
within the Township of Canton, the license may be transferred to such
new location upon application and the payment of the transfer fee
to the Township Secretary giving the street and number of the new
location. The new location shall be approved by the Zoning Officer
and Fire Chief in the same manner as provided in § 13-305
of this Part.
4.
When the business of a distributor or exhibitor is sold or transferred, the license of such distributor or exhibitor may be transferred to the transferee, upon the payment of the Transfer fee in an amount as established, from time to time, by resolution of the Board of Supervisors and with the consent of the Zoning Officer and Fire Chief as provided in § 13-105 herein.
[Ord. 1-1982, 2/9/1982, § 8]
Every person, firm, corporation or association operating mechanical
or electronic amusement devices shall do so only under the proper
supervision of the proprietor or licensee.
[Ord. 1-1982, 2/9/1982, § 9]
Every license issued under this Part is subject to the right,
which is hereby expressly reserved, to revoke the same should the
licensee, directly or indirectly, permit the operation of any jukebox,
or mechanical or electronic amusement device contrary to the provisions
of this Part, the ordinances of the Township of Canton or the laws
of the State of Pennsylvania. Said license may be revoked by the Township
Supervisor after written notice to the licensee, which notice shall
specify the ordinance or law violations with which the licensee is
charged, if after a hearing the licensee is found to be guilty of
such violations. Ten days' notice of the hearing shall be given
the licensee. At such hearing the licensee and his attorney may present
and submit evidence or witnesses in his defense.
[Ord. 1-1982, 2/9/1982, § 10]
If the Zoning Officer shall have reason to believe any mechanical
amusement or electronic amusement device is used as a gambling device,
such machine may be seized by the State Police and impounded and if,
upon trial of the exhibitor for allowing it to be used as a gambling
device, such exhibitor be found guilty, such machine shall be destroyed
by the State Police.
[Ord. 1-1982, 2/9/1982, § 11; as amended by Ord.
2-2002, 5/15/2002, § 1; amended at time of adoption of Code]
Any person, firm, corporation or association violating any of
the provisions of this Part, in addition to the revocation of his
or its license, upon conviction thereof in an action brought before
a Magisterial District Justice 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 less than $50 nor 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.
