[HISTORY: Adopted by the Borough Council of the Borough of
Colwyn 5-13-1982 by Ord. No. 416, approved 5-13-1982. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any machine, contrivance or device which, upon the insertion
of a coin, slug, token, plate, disc or key into any slot, crevice
or other opening, or by the payment of a specific sum, may be operated
or used as a game, entertainment and/or amusement and/or instructional
device, whether or not registering a score and whether or not a prize
is offered. It shall not include devices or machines which dispense
merchandise such as candy, cigarettes, maps or common household and/or
business items.
Any person, firm, partnership, corporation or association
displaying or maintaining for use and/or operation any mechanical
and/or electronic amusement device, as that term is defined in this
chapter, or otherwise permitting use or operation of such device for
a fee or charge.
Every natural person, copartnership, association or corporation,
and whenever used in any clause prescribing or imposing a penalty,
the term, as applied to a copartnership or association, shall mean
the partners or members thereof, and as applied to a corporation,
the officers thereof.
Hereafter, it shall be unlawful for any operator to display
or keep or maintain for use and/or operation or otherwise permit the
use and/or operation of any mechanical and/or electronic amusement
device without first having registered with and obtained a license
from the Borough Council of the Borough of Colwyn.
A.
A registration and license fee shall be paid by the operator to the
Borough of Colwyn at the office of the Borough Manager at the time
that application is filed. The license fee for each operator shall
be $300 per year, together with a fee of $300 per year for each such
device.
B.
All license fees shall be payable annually in advance at the time
that application is filed and/or at the time application for renewal
is made in accordance with regulations hereinafter set forth.
C.
All licenses shall expire on the 31st day of December of each year.
No deductions or refunds of any fees shall be granted in case of a
fee payable for less than a full calendar year or the case of any
device destroyed, stolen, sold or otherwise disposed of or transferred
after payment of the fee, except that a licensee suffering a loss
of said device may substitute therefor a device identical to the one
lost.
This chapter will limit the number of amusement devices allowed
in each establishment to two, provided that such use in said establishment
has been approved by the Borough of Colwyn.
A.
Each application for a license hereunder shall be filed in duplicate
with the Borough Council at the office of the Borough Manager and
shall specify:
(1)
The name, address, social security number and telephone number of
the applicant, and, if a firm, corporation, partnership or association,
the principal officers thereof and their addresses, social security
numbers and telephone numbers.
(2)
The addresses of the premises where the licensed device or devices
are to be operated, together with the character of the business as
carried on at such place.
(3)
The name, address and social security number of the registered agent
of the applicant upon whom service of process is authorized to be
made.
(4)
The name, address, social security number and telephone number of
the manager of the applicant who shall be in charge of the applicant's
business in the Borough of Colwyn.
(5)
With respect to each person whose name appears on the application:
(a)
The fact of conviction in any jurisdiction of any offense which
under the laws of Pennsylvania is denominated a felony, a misdemeanor
or an offense involving moral turpitude, with a full disclosure of
the nature of the offense, time and place of commission, legal proceedings
and penalty imposed.
(b)
Each such person shall voluntarily submit to the taking of his
fingerprints so that a proper investigation will be expedited.
(6)
The trade name and specific description of the device or devices
to be licensed, the name of the manufacturer and the serial number
of each such device.
B.
A plan of the premises shall be submitted with the application showing
a location or locations where the mechanical amusement device or similar
machine or device is to be displayed or maintained. No device may
be located within 10 feet of any doorway. Any such plan shall comply
with any applicable building codes and fire codes[1] and other applicable ordinances of the Borough of Colwyn.
C.
The application shall contain a certification under oath, and made
by the applicant, that the information contained in the application
is complete, accurate and truthful to the best of his knowledge and
belief.
A.
The Borough Manager shall promptly forward a copy of the application
to the Chief of Police so that the Chief of Police and Borough Manager
can investigate, review and report on same.
B.
The purpose of this investigation shall be to establish that the
applicant is capable of conducting the proposed business of distributing
or operating amusement devices within the Borough in a manner consistent
with the public safety, good morals and general welfare of the community
and that all those persons involved in such business can reasonably
be expected to operate the proposed business in accordance with the
law and free from gambling and other illegal or immoral conduct and
unwarranted noise and commotion.
A.
If the application is approved, the license shall be issued by the
Borough Council, and the fee shall be remitted to the Borough Council
at the office of the Borough Manager.
B.
If the license is denied, 75% of the fee shall be returned to the
applicant, the balance going to offset the costs of the investigation.
The grounds for denial shall be set forth in writing. The applicant
shall be entitled to a hearing before the Borough Council within 30
days of the denial of the license, at which time he may submit pertinent
information on his behalf. The applicant shall be given 10 days'
notice of the date of such hearing.
Licenses issued under this chapter expire on December 31 of
each year. Applications for renewal accompanied by the required annual
fee shall be submitted in the month of December and may consist of
a signed verification of the original application contents as long
as there have been no changes.
Licenses shall apply only to the licensees and location to which
issued and are not transferable. New applicants for licenses must
comply with the foregoing licensing requirements.
A.
Any operator who owns such device or devices at the time this chapter
becomes effective is subject to all of the provisions of this chapter
and shall file with the Borough Council at the office of the Borough
Manager evidence of such ownership prior to the issuance of a license.
B.
Any operator purchasing a device or devices after the effective date
of this chapter shall file with the Borough Council at the office
of the Borough Manager evidence of ownership thereof before exhibiting
or placing said device or devices for use or play.
The license shall be posted in a conspicuous place in the establishment
of the licensee.
A.
No operator holding a license to operate a mechanical and/or electronic
amusement device, as that term is defined in this chapter, shall permit
a person under 16 years of age to play or operate such device unless
such person is accompanied by his or her parent or legal guardian,
nor shall such licensee permit the operation of said device by a person
under the age of 18 years of age during the regular class hours of
any day in which school is in session or after the hour of 8:00 p.m.
from Sunday through Thursday, or after the hour of 9:00 p.m. on Friday
and Saturday.
B.
Any premises upon which any mechanical or electronic amusement device
is displayed or maintained shall be opened to examination and inspection
by duly authorized agents of the Building Inspector and/or the Borough
of Colwyn police during all hours that such premises are open to use
by the public.
C.
The operator shall not permit any person to bet or gamble on the
licensed premises.
D.
The operator shall at all times maintain good order and shall not
permit any disturbance, congestion or loitering upon the licensed
premises.
E.
No mechanical and/or electronic amusement device, as that term is
defined herein, shall be operated in a manner to be heard out of doors
or in such a manner as to disturb the peace and tranquility of the
public and community.
F.
No licensed premises shall be without adequate sanitary facilities,
nor shall they contain any fire, safety or health hazard.
G.
Each operator shall, within five days, report in writing to the Borough
Council at the office of the Borough Manager any change by addition
or deletion of the information furnished on the licensed application
during the term of any license or renewal thereof.
All members of the Borough Police Department, including the
Building Inspector and the Zoning Enforcement Officers, are authorized
to enforce the provisions of this chapter.
A.
Every license issued hereunder is subject to revocation by the Borough
Council for the violation of any of the provisions of this chapter.
Any material misstated or omitted in the license application shall
constitute grounds for revocation. The revocation shall occur only
after a hearing.
B.
The licensee shall be given 10 days' notice of the date of such
hearing, and such notice shall state the grounds therefor. At such
hearing the licensee may submit pertinent information on his own behalf.
[Amended 10-13-1983 by Ord. No. 426; 11-10-1988 by Ord. No. 447]
Any person, firm, partnership or corporation violating any provision
of this chapter shall, upon conviction thereof, before any District
Justice, be subject to a fine of not exceeding $600 and costs of prosecution,
and, in default of payment of fine and costs, such person may be imprisoned
in the Delaware County Prison for not more than 30 days. Each and
every day in which any person shall be in violation of this chapter
or in which any corporation or firm shall be in violation of this
chapter shall constitute a separate offense.
