[HISTORY: Adopted by the Borough Council
of the Borough of Upland 7-21-1982 by Ord. No. 5-1982 (Ch. 2A of the 1969
Code). Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Includes any mechanical, electronic or video amusement device
which, upon insertion of a coin, slug, token, plate or disk, may be
operated for use as a game or entertainment, whether or not registering
a score, provided that the term "mechanical, electronic or video amusement
device" shall not include any gambling device or any mechanism which
has been judicially determined to be a gambling device. This term
does not include vending machines in which there are not incorporated
amusement or entertainment features, nor does this term include any
coin-operated musical devices.
Including any natural person, association, partnership, firm
or corporation, company, utility or organization of any kind.
Any persons, firm, corporation, partnership, association,
entity or club who, as the owner, lessee or proprietor, has under
his or her or its control any establishment, place or premises in
or at which any mechanical, electronic or video amusement device is
placed or kept for use or play or on exhibit for the purpose of use
or play.
A.Â
License required. From and after the effective date
hereof, no person or proprietor may offer for use or play within the
Borough of Upland any mechanical, electronic or video amusement device
without first having procured a license therefor from the Borough
Manager.
B.Â
License fees.
(1)Â
The license fee for each proprietor, as herein defined,
shall be as set forth from time to time by resolution of the Borough
Council for each mechanical, electronic or video amusement device
used or played or exhibited for use or play. Fees shall be due and
payable on or before January 31 of each succeeding calendar year.
[Amended 12-10-1996 by Ord. No. 9-1996]
(2)Â
The license fees heretofore mentioned shall not be
prorated, but shall remain the same for the whole or any portion of
any one calendar year.
(3)Â
The proper license fee shall accompany each application
for license.
A.Â
Any person or proprietor desiring to procure a license
for a mechanical, electronic or video amusement device shall apply
therefor, in writing, on a form to be provided by the Borough of Upland,
to the Borough Manager.
(1)Â
Each application shall be kept on file at the Borough
Manager's office and shall specify:
(a)Â
The name and address of the applicant, and if
a firm, corporation, partnership or association, the principal officers
thereof and their addresses.
(b)Â
The address of the premises where the licensed
mechanical, electronic or video amusement device is to be operated,
together with the character of the business as carried on at such
place.
(c)Â
The trade name and general description of the
mechanical, electronic or video amusement device to be licensed, the
name of the manufacturer and the serial number of said mechanical,
electronic or video amusement device.
(d)Â
The number and character and type of mechanical,
electronic or video amusement devices as have been previously installed
at and after the effective date of this chapter.
(2)Â
All applications must be signed by the applicant.
(3)Â
A separate application form must be presented for
each individual mechanical, electronic or video amusement device.
(4)Â
The proper license fee shall accompany each application.
B.Â
Investigation. The application for license hereunder
shall be first referred by the Borough Manager to the Borough Council,
who shall make or cause to be made such investigation as it deems
necessary. After said investigation is completed, a recommendation
for approval or denial of said application will be made to the Borough
Council.
C.Â
Issuance or denial.
(1)Â
If the application is approved by the Borough Council,
the license shall be issued by the Borough Manager and fee shall be
remitted to the Borough Treasurer. If the application is denied, the
fee shall be returned to the applicant.
(2)Â
Issuance or denial of an application shall be accomplished
within 60 days of the date said application is received by the Borough
Manager.
D.Â
Restrictions.
(1)Â
Issuance to persons or proprietors convicted of a
crime is restricted. Except as provided by Pennsylvania Law, no license
shall be issued to or held by any person who has been convicted of
a crime or by any corporation, partnership or association, a member,
officer, director or holder of 10% or more of the stock of which has
been convicted of any crime.
(2)Â
No license shall be approved for any applicant unless
he, she and/or they shall be over 21 years of age.
(3)Â
No more than four mechanical, electronic or video
amusement devices shall be licensed to any person or proprietor.
(4)Â
No establishment which includes any building, or part
of a building, room or place or space therein will be permitted to
contain more than four mechanical, electronic or video amusement devices.
E.Â
Establishing of conditions. In approving a license,
the Borough Council may establish conditions to promote and protect
the health, safety and general welfare of the Borough and its inhabitants.
A.Â
Nothing in this chapter shall in any way be construed
to authorize, license or permit any gambling devices whatsoever on
any machine or 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 Commonwealth of Pennsylvania.
B.Â
No license shall be transferred.
Upon payment of proper license fees and approval
of license application, as set down in this chapter, the Borough Manager
shall be authorized to issue a license form for each mechanical, electronic
or video amusement device so licensed, which said license shall be
attached and fastened to the respective device so that the same may
be readily observable and readable.[1]
[1]
Editor's Note: Former § 2A-6, Sealing
of unlicensed devices, which immediately followed this section, was
repealed 12-10-1996 by Ord. No. 9-1996.
No mechanical, electronic or video amusement
device may be operated between the hours of 11:00 p.m. and 9:00 a.m.
on any day under any circumstances.
The person or proprietor in charge of the place
or premises where any mechanical, electronic or video amusement device
is kept or located shall maintain good order on or about such place
or premises at all times. The lack of good order on or about the place
or premises in which any mechanical, electronic or video amusement
device is kept or located shall include, but shall not be limited
to the following:
A.Â
Fighting and rowdy behavior.
B.Â
Possession or consumption of alcoholic beverages.
C.Â
Gambling of any type.
D.Â
The use of marijuana or any controlled substance,
possession of which is prohibited by the Controlled Substance, Drug,
Device and Cosmetic Act, 35 P.S. § 780-101 et seq.
[Amended 12-10-1996 by Ord. No. 9-1996]
A.Â
Any person or proprietor who shall violate any of
the provisions of this chapter may, upon his, her and/or their first
conviction thereof, be sentenced to pay a fine of not more than $600
and costs of prosecution, and upon his, her and/or their second and
all subsequent convictions thereof, be sentenced to pay a fine of
not less than $500 nor more than $600, plus costs of prosecution.
[Amended 7-12-1988 by Ord. No. 7-1988; 12-10-1996 by Ord. No.
9-1996]
B.Â
In default of the payment of such fines and costs,
he, she and/or they may be imprisoned for not more than 30 days for
each conviction in the Delaware County Prison.
[Amended 12-10-1996 by Ord. No. 9-1996]
C.Â
Each and every day that any mechanical, electronic
or video amusement device, under the terms of this chapter, shall
be operated and/or used in violation thereof, shall constitute a separate
and distinct offense under this chapter and shall be subject to separate
and distinct penalties thereon.
