[HISTORY: Adopted by the Board of Supervisors of the Township
of Union 7-7-1982 by Ord. No. 68. Amendments noted where applicable.]
As used in this chapter, unless the context otherwise indicates,
the following terms shall have the meanings indicated:
The person, firm, corporation or association receiving one
or more licenses hereunder.
Any machine which, upon the insertion of a coin, slug, token,
plate or disc, may be operated by the public generally for use as
a game, entertainment or amusement, whether or not registering a score.
It shall include such devices as pinball machines, skill ball, electronic
skill games and all games, operations or transactions similar thereto
under whatever name they may be indicated.
Any person, firm, corporation or association in whose place
of business any such mechanical or electronic amusement device is
placed for use by the public. This definition shall include private
clubs or organizations.
Nothing in this chapter shall in any way be construed to authorize,
license or permit any gambling devices whatsoever or any mechanism
that has been judicially determined to be a gambling device or in
any way contrary to law or that may be contrary to any future laws
of the Commonwealth of Pennsylvania.
Any person, firm, corporation or association displaying for public patronage or keeping for operation any mechanical or electronic amusement device as herein defined by § 77-1 shall be required to obtain a license from the Township of Union upon payment of a license fee. Application for such license shall be made to the Township Secretary upon a form to be supplied by the Township Secretary for that purpose.
A.
The application for such license shall contain the following information:
(1)
If an individual, the name and address of applicant; age, date and
place of birth; if a partnership, the same information as to all partners;
if a corporation, the same information as to all officers and directors.
(2)
Prior convictions of any of the above persons of any criminal law.
(3)
Place where mechanical or electronic amusement device is to be displayed
or operated and the business conducted at that place.
(4)
Description of mechanical or electronic amusement device to be covered
by the license, including name, name of manufacturer, serial number,
and name and address of owner and/or lessor.
(5)
The hours of operation of said mechanical or electronic amusement
device.
B.
No license shall be issued to any individual applicant unless he
shall be over 18 years of age and a citizen of the United States.
Application for a license shall be in quadruplicate, one copy
being located with each of the following: Zoning Officer, Chief of
Fire Department serving the area where business is located, Township
Secretary and Chief of Police.
A.
The Union Township police shall investigate the location where the
applicant is operating or proposes to operate such mechanical or electronic
amusement device and ascertain if any applicant has a criminal record.
The Zoning Officer shall determine if the operation of the mechanical
or electronic amusement device will be in compliance with applicable
zoning regulations.
B.
The Fire Chief shall inspect the premises where the mechanical electronic
amusement device is being operated or will be operated to determine
if the building and/or buildings comply with all applicable fire codes
or ordinances.
C.
No license shall be issued to any applicant unless the location meets
the above requirements as to zoning and fire regulations.
D.
No license shall be issued to any applicant if the applicant or any
person involved therein has been convicted of any felony or misdemeanor
involving force, violence or moral turpitude.
A.
Every applicant, before being granted a license, shall pay an annual
fee as set from time to time by resolution of the Board of Supervisors
for each mechanical or electronic amusement device to be licensed.[1]
B.
Should any mechanical or electronic amusement device be installed
and licensed after August 1 of any year, the license fee shall be
as set from time to time by resolution of the Board of Supervisors
for each mechanical or electronic amusement device for the balance
of the license year.[2]
C.
Each license shall expire on the 31st day of January of each year.
A.
The license or licenses herein provided for shall be posted permanently
and conspicuously at the location of the mechanical or electronic
amusement device in the premises wherein the device is to be operated.
B.
Such license may be transferred from one mechanical or electronic
amusement device to another similar mechanical or electronic amusement
device upon application to the Township Secretary, the giving of the
information required in § 77-4D above, and payment of a
transfer fee as set from time to time by resolution of the Board of
Supervisors. Not more than one mechanical or electronic amusement
device shall be operated under one license, and the applicant or licensee
shall be required to secure a license for each and every mechanical
or electronic amusement device displayed or operated by him.[1]
C.
If the licensee shall move his place of business to another location within the Township of Union, the license may be transferred to a new location upon application to the Township Secretary, giving the street and number of the new location, and payment of the transfer fee. The new location shall be inspected as provided in § 77-5 of this chapter.
D.
If the business of a licensee is sold or transferred, license(s) of such licensee may be transferred to the transferee, upon furnishing the information required by § 77-4A and B above, compliance with this chapter, and the payment of the transfer fee as set from time to time by resolution of the Board of Supervisors.[2]
The licensee shall be responsible at all times for supervision
of the licensed premises and the operation therein of the licensed
amusement devices.
Every license issued under this chapter is subject to the right,
which is hereby expressly reserved, to revoke the same should the
licensee, directly or indirectly, permit the operation of any mechanical
or electronic amusement device contrary to the provisions of this
chapter, other ordinances of the Township of Union or the laws of
the Commonwealth of Pennsylvania. Said license may be revoked by the
Township Supervisors if, at a hearing, the licensee is found to be
guilty of such violations. Ten days' notice of the hearing shall
be given to the licensee. The notice shall specify the ordinance or
law violations with which the licensee is charged.
Any person who violates or permits a violation of this chapter
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. Every day that a person fails to comply with
any notice or order to repair, vacate or demolish any dangerous structure
shall be deemed a separate violation of this chapter. 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.
