[HISTORY: Adopted by the Board of Commissioners of the Township of Upper Gwynedd 7-25-1983 by Ord. No. 83-12. Amendments noted where applicable.]
The subject matter of this chapter is the licensing and regulation of machines operated as games of skill and played for amusement and also the places where the machines are located. The machines are to include, but are not limited to, pinball machines, electronically operated shuffleboard machines, shuffle bowling, video games, arcade games, electronically operated tennis and hockey and other games of amusement.
It shall be unlawful for any person or persons, corporations, companies, partnerships or firms, either as principal or agent (hereinafter called "operator"), to have, lease, keep and maintain for purposes of operation or cause to be available for operation or permit to be operated anywhere within the Township of Upper Gwynedd, whether on public or private property, any machine that is the subject of this chapter, as defined in § 52-1, operated as games of skill or amusement, where a fee or cost is charged for the privilege of using such machine or games of skill for amusement, without first having obtained a license therefor from the Township Manager. This chapter shall apply to any place, location or premises which has more than one machine of the kind described in § 52-1 in said location, place or premises.
An applicant for a license under this chapter shall complete a written application form, in duplicate, with the Township Manager and shall specify:
The name, address and social security number of the applicant and, if a corporation, company, partnership or firm, the names and addresses of all shareholders, officers or members.
Any previous business address of the applicant.
Whether applicant or its officers, shareholders or members have ever been arrested for, charged with or convicted of a felony or misdemeanor in this state or any other.
The trade name and general description of the machine to be licensed and the name of the manufacturer and the serial number and the number of devices to be licensed.
Location of machines on the premises.
The name and address of the owner of the machines.
Authorization for any Township official duly designated by the Township Manager to inspect the premises during business hours for the purpose of enforcing this chapter.
The applicant shall submit the proper license fee with the application, and if the license is approved by the Board of Commissioners and the license is issued, the license fee shall be duly deposited. If the license is denied, the fee shall be returned to the applicant or licensee. The applicant shall be responsible to notify the Township Manager of any change of officers or shareholders of any applicant, corporation or licensee and of any other change on the original application.
Upon the filing of an application under this chapter with the Township Manager, the duplicate copy of the application shall be referred to the Chief of Police, who shall then make or cause to be made an investigation of the applicant as deemed necessary for the protection, general health, safety and welfare of the citizens of the Township.
The Board of Commissioners shall act on the application after receiving the report of the Chief of Police. However, said license shall not be transferable from one owner or operator to another. It shall not be required to secure a new and different license when one machine is replaced by another so long as the operator is licensed to operate the same total number of machines under his control for the purpose of operation. The operators must supply the Township with the trademark and general description of the machine to be licensed, the name of the manufacturer and the serial number of the new machine. In the event that the operator adds new machines to the total number under his control, the operator must obtain a new license for each additional machine. If the license fee hereby imposed shall not be paid on or before the date fixed for payment thereof, in addition to any other fine imposed there shall be added a penalty of 10% thereof, and the delinquent license fee shall bear interest at the legal rate of interest.
All licenses granted under this chapter shall be publicly displayed and exhibited at all times by affixing the same in a conspicuous manner so as to be easily seen and read by all parties who visit the premises wherein the machines are operated.
No business shall be so conducted or operated as to amount to a public nuisance whereby the health, welfare, safety or morals of the community would be adversely affected. It shall be the responsibility of the operator or proprietor who is licensed under the provisions of this chapter to properly police the premises on which said machines are located as well as immediate adjacent areas to such premises to assure and preserve as to violation of any law. It shall be prohibited to offer a prize or any award to any person playing said machines covered by this chapter. It shall be prohibited to permit said machines to be used for any gambling purposes.
The license fee shall be set by resolution of the Board of Commissioners.
No premises containing any machines covered by this chapter shall be opened to the public between the hours of 11:00 p.m. and 9:00 a.m. of any Monday, Tuesday, Wednesday, Thursday or Friday nor between the hours of 12:00 midnight and 9:00 a.m. on any Saturday or Sunday. This chapter shall not supersede any statute of the Commonwealth of Pennsylvania.
Each license issued by this ordinance shall be revocable for any violation of this chapter.
The Upper Gwynedd Township Police Department, Fire Marshal and any other duly authorized Township official shall make periodic inspections of all premises where machines of amusement and games of skill for amusement are operated for the purpose of enforcing this chapter.
[Amended 4-22-1985 by Ord. No. 85-6]
Any person or persons or firm or corporation who shall violate any of the provisions of this chapter, upon conviction thereof, shall be liable to pay a fine or penalty not to exceed $1,000 plus costs of prosecution for each and every offense. All fines and penalties imposed by this chapter are recoverable by summary proceedings before the Magisterial District Judge, and all suits or actions at law instituted for the recovery thereof are to be in the name and for the use of Upper Gwynedd Township, against which the offenses are committed. In default of payment of any fine or penalty imposed by any Magisterial District Judge under the provisions of this chapter, the person or persons so offending may be committed to the Montgomery County Prison for a period not exceeding 30 days.
[Amended 11-23-1992 by Ord. No. 92-15]
Each day a violation is committed shall constitute a separate offense and shall be punishable as such hereunder.
This section shall not preclude the Township from any other remedy it may have at law or equity.