[HISTORY: Adopted by the Board of Supervisors of the Township of
Upper Southampton 1-21-1986 as Ch. 13, Part 1, of the 1986
Code. Amendments noted where applicable.]
From and after the effective date of this chapter, no person shall possess
a gaming device (as hereinafter defined) in a location open to the public
without having procured a license.
As used in this chapter, the following terms shall have the meanings
indicated:
Game machines for which a charge is normally made for the use thereof,
purportedly for the amusement of the player, such as pinball machines and
electronic games.
An application for a license shall be submitted to the Code Official
of the Township, or his delegate, by the owner of a gaming device setting
forth, under oath, the following:
A.
The name and address of the owner of the gaming device,
and:
(1)
If such owner is a corporation, then in addition the
name, address and citizenship of its chief executive officer;
(2)
If such owner is a partnership, then in addition the
name, address and citizenship of all general partners; and
(3)
If such owner is an individual, then in addition the
citizenship and principal occupation of such owner.
B.
The name and address of the owner, or if the premises
are leased then the name and address of the lessee, of the premises upon which
the gaming device is to be located.
The application for a license shall be accompanied by the payment of
a fee as set from time to time by resolution of the Board of Supervisors for
each gaming device, which payment shall be refunded if the application is
denied. No license shall be granted until at least seven days have transpired
for investigation of the facts set forth in the application.
If the license is granted and the fee accepted, the license shall be
valid for a period of one year from the date of issuance; at the expiration
of such period a new application for a license with the then-required fee
shall be filed. If during any period in which a license has been granted,
there is a change in the facts set forth in the application, the applicant
shall inform the Code Official of the Township, or his delegate, within 30
days of such change, in order that the application may be re-evaluated. Failure
to submit such notification shall be grounds for the revocation of all licenses
granted under the application. A gaming device which replaces a licensed gaming
device withdrawn from the premises shall not be subjected to an additional
license fee for the unexpired license period.
All licensed devices shall be marked with an identification tag provided
by the Township.
Nothing herein provided shall be construed as authorizing or licensing
of machines for gambling purposes, and the proceeds of the license fees shall
be used to ascertain that the machines licensed under this chapter are not
so used.
[Amended 6-7-1988 by Ord. No. 256[1]]
Any person who violates or permits a violation of this chapter shall,
upon being found liable therefor in a civil enforcement proceeding commenced
by the Township before a District Justice, pay a fine of not more than $600,
plus all court costs, including reasonable attorney's fees, incurred
by the Township in the enforcement of this chapter. No judgment shall be imposed
until the date of the determination of the violation by the District Justice.
If the defendant neither pays nor timely appeals the judgment, the Township
may enforce the judgment pursuant to the applicable Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense. Further,
the appropriate officers or agents of the Township are hereby authorized to
seek equitable relief, including injunction, to enforce compliance herewith.
