[HISTORY: Adopted by the Board of Supervisors of the Township of Upper Burrell as indicated in article histories. Amendments noted where applicable.]
Article I Mechanical Amusement Devices
[Adopted 2-7-1983 by Ord. No. 2-1983]
As used in this article, the following terms shall have the meaning indicated:
- MECHANICAL AMUSEMENT DEVICE
- Includes any device which, upon insertion of a coin, slug, token, plate or disc, or otherwise, may be operated for use as a game, entertainment or amusement, whether or not registering a score, specifically excluding all jukeboxes.
- Includes any natural person, association, partnership, firm or corporation.
The singular includes the plural and the masculine includes the feminine and the neuter.
No person may at any time have in his possession, at any place within the Township, any mechanical amusement device, machine or apparatus whatsoever for the playing of games for profit, amusement or entertainment or other gaming tables, without first procuring a license, as provided for in this article.
Any person desiring to procure a license for a mechanical amusement device shall apply in writing to the Township Supervisors. Such application shall set forth the name of the applicant, the address at which such device is to be located, and the number and character of devices to be installed at such address for use thereon. Such information shall be furnished under the signature of the applicant. No license shall be granted until a period of two days has elapsed from the date of the application, during which time the Township may, at its discretion, investigate the facts set forth in the application.
Nothing in this article shall be in any way construed to authorize, license or permit any gambling devices whatsoever, or any machine or mechanism that has been judicially determined to be a gambling device, or any way contrary to the law, or that may be contrary to any future law of the Commonwealth of Pennsylvania.
Following the waiting period provided for in § 79-3 above, and upon payment by the applicant of the license fee in such amount as shall be set from time to time by resolution of the Board of Supervisors for every mechanical amusement device sought to be licensed, a license shall be issued by the Board of Supervisors to the applicant. Such license shall be valid for the entire calendar year for which it is issued and shall expire following the last day of such calendar year. Such license shall authorize the installation or location and use upon the premises specified therein, of the number of mechanical amusement devices for which the aforesaid license fee shall have been paid, but nothing herein, except as set forth in § 79-10 below, shall prohibit the change or exchange of such mechanical amusement devices so long as the total number of such devices installed or located in and about such premises shall not at any time exceed the number set forth in the original application. Whenever the total number exceeds the total number for which the application was granted, application shall be made for a license for such additional number and the fee shall be paid therefor. Any license for mechanical amusement device issued on or after July 1 shall be issued upon payment of a fee in such amount as shall be set from time to time by resolution of the Board of Supervisors.
Prior to the expiration date of any mechanical amusement device license, the holder of such license shall apply to the Township Supervisors for a license for the following year. The same provisions shall govern the issuance of such license as are set forth in the preceding sections of this article.
The Township police, under the direction of the Supervisors shall make periodical inspections of mechanical amusement devices.
Any mechanical amusement device license shall be exhibited at any time on request of the Supervisors or any police officer of the Township.
The Supervisors may revoke any license hereunder granted when he deems such revocation to be necessary for the benefit or protection of the public health, safety or morals.
The Township Supervisors shall procure at the expense of the Township a sufficient number of certificates on each of which the following information shall be printed or inserted in ink or by typewriter:
The name of the Township.
The number of the certificate.
The name and address of person paying the fee.
The year for which the fee shall have been paid.
The date of payment.
The type of mechanical amusement device for which the fee shall have been paid (giving trade name, manufacturer's name or identification number, when available).
The date when the device was installed for rental.
The amount of fee paid.
The certificate shall be in duplicate. The original, to which the Township seal shall be affixed, shall be given to the person paying the license fee, and the duplicate shall be kept on file by the Township.
The applicant, when desiring to change or exchange any mechanical amusement device, shall report such change or exchange to the Township Supervisors and upon payment of a transfer fee in such amount as shall be set from time to time by resolution of the Board of Supervisors, the change shall be noted on the certificate.
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.