[HISTORY: Adopted by the Mayor and Council of the Borough of Riverton 10-14-82 as Ord. No. 7-82. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- AUTOMATIC AMUSEMENT DEVICE
- 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, including but not limited to such devices as marble machines, pinball machines, skill ball, mechanical grab machines and all games, operations or transactions similar thereto under whatever name they may be indicated. It shall include video-type games or machines or similar devices that use a display screen for points, lines and dots of light that can be manipulated to simulate games or other types of entertainment. It shall not include nor shall this chapter apply to music-playing devices.
- Any person who supplies any automatic amusement device to another for use in his premises, whether under lease or any similar arrangement.
- Any person in whose premises any automatic amusement device is placed or kept for operation.
- Any person, firm, corporation, partnership or association.
The purpose of this chapter is to license, regulate and control those automatic amusement devices which are operated for the purpose of making a profit. The objective of this chapter is to regulate the business of amusement devices so as to prevent nuisances to patrons and the public, fire hazards from overcrowding, poor ingress and egress at premises where amusement devices are located, the promotion of gambling and loitering or the creation of an unhealthy atmosphere for the youth of the community or other foreseeable undesirable effects of such devices.
No person shall maintain or operate any automatic amusement device as defined in § 44A-1 of this chapter within the Borough of Riverton without first obtaining a license therefor. Licenses shall be issued only in the Business District as defined in the Zoning Ordinance of the Borough of Riverton.
Exceptions. The license requirements of this chapter shall not apply to any church, fraternal, charitable or nonprofit organization which operates any automatic amusement device solely for the use of its members and their guests on premises owned or controlled by it.
All license applicants must be at least eighteen (18) years of age. All applications for a license under this chapter shall be made and delivered to the Borough Clerk on forms to be supplied for the purpose and shall be subscribed and sworn to by the applicant.
The application for the license shall contain the following:
The name and address of the applicant.
The name under which the place is being operated and the location of the same.
The number and type of machines sought to he licensed.
The location where each automatic amusement game is to be located.
The name and address of the person from whom each device is to be purchased, rented or otherwise obtained.
A description of each automatic amusement game sought to be licensed, including for each device the name of the manufacturer, model number and serial number.
The terms of agreement governing the acquisition and installation of said automatic amusement game.
Information indicating whether the distributor, the applicant or any person connected with the operation of the place wherein the game or device is to be installed has ever been convicted of any crime or found guilty of the violation of any ordinance pertaining to gambling or gaming.
Any other information which the Borough Clerk or Police Chief may deem reasonably necessary and proper for the full protection of the interest of the patrons or the public in the application.
It shall be unlawful in the Borough of Riverton to place, maintain or operate more than two (2) automatic amusement devices in any one (1) business establishment.
The following rules shall govern the location within all business premises of automatic amusement devices:
Each device shall be located at least ten (10) feet from the entranceway to the premises in which located and placed so that it does not obstruct or interfere with the free and unfettered passage to and from the premises of patrons or users of the premises.
Each device shall have an unobstructed perimeter zone or distance of four (4) feet around the sides of the three (3) linear borders of said device (exclusive of passageways) wherein the users of said device may use, watch or wait to use said device. The area which is required hereunder for each such machine shall not be encroached upon by the area of any other machine. It is the intent of this chapter that for purposes of preventing overcrowding and assuring safe passage of the general public that each machine shall have its own unobstructed perimeter zone.
No games subject to this chapter may be operated within five hundred (500) feet of a school or house of worship. The distance shall be measured for similar restrictions imposed and as interpreted for alcoholic beverage licensed premises by the Alcoholic Beverage Commission. This subsection of this section shall not be construed to require the removal of any automatic amusement devices which are in place as of the effective date of this chapter.
The fee for all applications for licenses pursuant to this chapter shall be one hundred dollars ($100.) in addition to all licensing or transfer fees.
The annual fee for a license to operate an automatic amusement device shall be three hundred dollars ($300.) for each device. The fee for any license issued after July 1 shall be one hundred fifty dollars ($150.) for each device.
All licenses issued under this chapter shall be for a term of one (1) year, commencing on January 1 and expiring on December 31 of the year of issuance.
A license may be transferred from one machine to another by giving notice to the Borough Clerk to that effect and giving a description of the new machine, including manufacturer, model number and serial number. A license may he transferred from one place to another eligible place by giving notice to the Borough Clerk to that effect and by making application to transfer to the new premises. There shall be a fee for all transfers from one place to another in the amount of one hundred dollars ($100.) per place of transfer.
No person shall. in his place of business, permit gambling in connection with the playing of any mechanical amusement game or permit playing of a device by minors under the age of fourteen (14) unless said minor is in the company of an adult.
The operation of automatic amusement devices licensed hereunder shall be permitted only during the hours of 10:00 a.m. to 9:00 p.m. Monday through Saturday and 1:00 p.m. to 5:00 p.m. on Sundays.
The Chief of Police or his designee may make an investigation of the premises and the applicant to determine the truth of the facts set forth in the application. The Fire Chief or his designee may inspect the premises to determine whether said premises comply with existing fire regulations of the borough. The Chief of Police or his designee and the Fire Chief or his designee shall, upon completion of their inspection, attach to said application their reports therein in writing. Upon receipt of said application and inspection reports, the Borough Clerk shall submit same to the Mayor and Council at its next regular meeting to consider the same and to either approve or disapprove the issuance of the license to the applicant.
All licenses issued under this chapter shall be deemed to be granted upon the express conditions that, in addition to any other sanction or penalty, the Borough Council may, after due notice by personal service or certified mail and after due hearing, suspend or revoke any license issued under this chapter for violating any provision of this chapter or if it finds that there has been:
Gambling on the premises.
False or incorrect material on the application or information furnished by the applicant.
Failure to maintain good and safe conduct on the premises.
Creating of a public nuisance.
Loud and obscene language.
Other good causes for such action.
Posting and displaying. An operator's license granted pursuant to this chapter shall:
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding five hundred dollars ($500.) or by imprisonment for a term not exceeding ninety (90) days, or both. Each day that a violation occurs or is committed shall constitute a separate offense.
This chapter shall apply to any automatic amusement device now existing in the borough or hereafter brought into the borough, provided that with respect to existing automatic amusement devices, the operator shall have until November 1, 1982, to comply. It is specifically intended that the limitation of § 44A-5A applies to existing automatic amusement devices and to existing business establishments, it being noted that no business establishment in the borough exceeded this limitation prior to the original introduction of this chapter.