[HISTORY: Adopted by the Borough Council of the Borough of Hellertown as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-20-1982 by Ord. No. 516]
The subject matter of this article is the regulation, licensing and fines for the operation of machines operated as games of skill played for amusement in the Borough of Hellertown, for which patrons pay a sum of money to use pursuant to the Pennsylvania Borough Code. The coin-operated machines are to include, but not be limited to, pinball machines, electronically operated shuffleboard, bowling, video games, electronically operated tennis, billiards and other games of amusement. These games of amusement are not to include any coin-operated musical devices.
[Amended 2-7-1983 by Ord. No. 518; 12-20-1993 by Ord. No. 596]
It is the purpose of this article that, after the effective date of this article, it shall be unlawful for any person, persons, corporations, companies or firms to have, keep, lease or maintain for purposes of operation any of the aforementioned coin-operated amusement machines without first having obtained the proper license from the Secretary of the Borough (hereinafter called "Secretary").
This license shall be posted at all times by affixing 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.
This article shall apply to any place or premises where coin-operated machines are located, the maximum number of coin-operated machines permitted shall be in accordance with this article, as amended thereof, as established elsewhere in this article.
The application for the aforementioned license shall be filed, in writing, with the Secretary 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 or association, the principal officers thereof and their addresses.
The name and address of the owner of the machines or the business (one who leases or distributes for the purpose of operation by another) if it be different from the applicant.
The address of the premises where the licensed devices are to be operated, together with the general nature of the business as carried on at such place.
The trade name(s), serial numbers, names of the manufacturer and the number of devices to be licensed, along with the general description of the devices to be licensed.
The fee that is paid and the effective date of the application shall be from whatever date the applicant starts the business of that year until December 31 of that year.
[Amended 2-7-1983 by Ord. No. 518]
No license shall be issued under this article for any coin-operated amusement devices until the annual fee shall have been paid to the Secretary. The Borough Council shall have the power, by resolution, to establish a schedule of fees and a system for the collection thereof, and to amend said schedule and system from time to time if the need for amendment may arise. The proceeds of the said fee shall go into the general fund. For purposes of yearly renewal, the fee shall be paid on or before January 31 of each year.
However, should any device or machine be installed after July 1 of any year and application is made after that date, then the license fee of that machine shall be 1/2 or 50% of the annual license fee provided for in this section.
This license shall not be transferable from one applicant to another. A new owner, proprietor or operator shall be required to secure a new license and pay the fees thereof. However, it shall not be required to secure a new or different license when one machine is replaced by another as long as the total number of machines remains the same.
[Amended 2-7-1983 by Ord. No. 518]
There shall be no more than 20 machines of any type or types permitted to be operated, maintained or in use in any one place, location or premises.
It shall be prohibited to license, maintain, place or operate machines as described in this article at any location within 300 feet of an entrance to any house of worship, public school or public playground. The 300 feet shall be measured along the street line.
It shall be unlawful to permit any person to operate or play machines between the hours of 10:00 p.m. and 7:00 a.m.
It shall be prohibited to offer any prize or any other award to any person playing a coin-operated amusement device. Furthermore, it shall be prohibited to permit any said machine to be used for any gambling purpose.
The Hellertown Police Department, Zoning Officer or any other duly authorized Borough 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 article.
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.
The requirement that the business venture shall comply with the Zoning Ordinance, Chapter 450 of the Code, shall remain in full force and effect.