[HISTORY: Adopted by the Mayor and Council of the Borough of Washington 12-30-1980 by Ord. No. 18-80; amended in its entirety 11-9-1982 by Ord. No. 37-82. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- AMUSEMENT ARCADE
- Any person, firm, corporation, partnership, association or club who as the owner, lessee or proprietor has under his or its control any amusement games in excess of five at his or its place or premises, or at which such coin-operated amusement devices are placed or kept for use in play or on exhibition for purposes of use or play.
- COIN-OPERATED AMUSEMENT DEVICE
- Any amusement machine or device, including motion-picture machines, operated by means of or set in motion by deposit therein of a coin, token, slug, wafer, disk or other like article for the purpose of amusement or skill and for the playing of which a fee is charged. This term shall not include vending machines in which gaming or amusement features are not incorporated, nor does this term include any coin-operated mechanical music devices commonly known as "jukeboxes."
- Any person, firm, corporation, partnership, association or club who as the owner, lessee or proprietor has under his or its control any establishment, place or premises in or at which such coin-operated amusement device is placed or kept for use or play or on exhibition for the purposes of use or play.
No person, firm, corporation, partnership, association or club shall engage in the business of a proprietor of coin-operated amusement devices or moving-picture devices, as the term is herein defined, without first having obtained the proper license therefor, after written application therefor, in accordance with the terms of this chapter for said business for the place or premises in or at which said business shall be conducted and carried on.
An application for license hereunder shall be filed in writing with the Borough Clerk on a form to be provided by the Borough and shall specify:
The name and address of the applicant and, if a firm, corporation, partnership, association or club, the principal officers thereof and their addresses.
The addresses of the premises where the licensed device or devices are to be operated, the area on said premises where the licensed device or devices are to be located, and the character of the business that is carried on at such place.
The trade name and general description of the device or devices to be licensed, the name of the manufacturer and the serial number and the number of devices to be licensed. In the event that there is no serial number or there is no manufacturer's name, the name of the maker or builder thereof and the address of the maker and builder thereof.
The name and address of the owner of the device or devices, if other than the proprietor.
Whether or not a license to sell alcoholic beverages for consumption on premises has been issued for the premises and, if so, the type and number of the license.
Whether or not the applicant or the principal officer or the operator thereof, if the applicant is not a natural person, has ever been convicted of violating any statute or Borough ordinance involving gambling or moral turpitude and, if so, details of the conviction.
The proper license fee shall accompany such application. Application for license hereunder shall be first referred by the Borough Clerk to the Council, which shall make or cause to be made by the Chief of Police such investigation as deemed necessary. If the application is approved by the Council, the license shall be issued by the Clerk, and the Clerk shall remit the fee to the Treasurer. If the license is denied, the fee shall be returned to the applicant. All licenses under this chapter shall expire on December 31 following their issuance. The license shall be posted in a conspicuous place in the establishment of the licensee. Such license shall be nonassignable and nontransferable and shall apply only to the premises for which such license is issued.
During the period of any one license year, if the owner or operator of any business licensed hereunder shall remove or replace any device as defined in this chapter, he may amend his application to delete any device so removed or replaced and substitute any new device acquired by him.
The license fee for said business shall be based on the number of machines requested in the original application or reapplication, as the case may be. Said fee shall be $35 per machine, per annum. There shall be no fee charged when the coin-operated amusement devices are rotated in stock, so long as the total number of machines has not increased since the previous application. On the anniversary date of the original application or reapplication, the licensee shall provide the Borough Clerk with a sworn statement indicating the number of machines to be licensed.
[Amended 11-17-2008 by Ord. No. 13-2008]
No more than five coin-operated amusement devices, as described in this chapter, shall be licensed for operation on or at any business premises licensed to sell alcoholic beverages for consumption on premises for every 1,500 square feet of public floor area.
Any amusement arcade, as defined in this chapter, upon making its application for coin-operated amusement devices must have a health and safety inspection of the premises to determine the maximum number of machines which would be able to be placed in said arcade, so no health or safety hazard would reasonably be created. The health and safety inspection above mentioned shall be performed by the appropriate officials of the Borough of Washington, at a cost to be paid by said applicants.
No coin-operated amusement device shall be located in any premises within 200 feet of a church or other religious institution or a public or private school. The distance shall be measured from the nearest entrance of the premises on which the mechanical amusement device is located or is sought to be located along the route that a pedestrian would normally walk.
Upon receipt of the report of the Chief of Police, the Mayor and Council shall act upon said application and may refuse to grant a license in any and all cases where it shall determine that a person who has been convicted of a crime is interested, either directly or indirectly, in the application for such license or in the operation of said business or the place or premises in or at which said business is proposed to be conducted and carried on under said license.
No coin-operated amusement device shall be placed, operated, maintained or used until the proprietor's license issued pursuant to this chapter shall be posted in a conspicuous place in the premises where the device is operated or maintained.
The licensee shall at all times maintain good order upon the licensed premises and shall not permit, suffer or allow any disturbance, congestion or loitering upon the licensed premises.
Any licensee shall not permit, suffer or allow any person to bid or gamble in any form or manner on the licensed premises and shall prevent any immoral or illegal conduct from occurring.
No licensed premises shall be without adequate sanitary facilities or contain any firesafety or health hazards.
Every coin-operated amusement device shall at all times be in clear view upon the premises wherein it is located.
The Mayor and Council may revoke any license for sufficient cause after notice and public hearing. It shall be sufficient cause for the revocation of any such license if such mechanical games, skill or entertainment or coin-operated amusement shall be used for the purposes of gambling, wagering or betting, whether with or without the knowledge of the licensee thereof.
If any machine required to be licensed under this chapter is utilized for any illegal purposes, the same may be seized, impounded and destroyed if the licensee shall plead or be found guilty in connection with any criminal charge relating to the illegal use of such machine.
Any person, as defined hereunder, partnership, firm, association, corporation or other business entity who shall violate any term or provision of this chapter shall, upon conviction thereof, be subject to imprisonment in the county jail or in any place provided by the Borough of Washington for the detention of prisoners for a term not exceeding 90 days or to a fine not exceeding $500, or both. Any person who is convicted may, in the discretion of the Magistrate by whom he was convicted, in default of any fine, be imprisoned in the county jail or place of detention provided by the Borough of Washington for any term not exceeding 90 days. Each day that a violation of a term or provision of this chapter shall continue shall constitute a separate offense.
In addition to the foregoing, the Borough may institute and maintain a civil action for injunctive and other relief.