[Ord. 726, 11/10/1983, § 1]
Any amusement machine or device operated by means of the
insertion of a coin, token, or similar object, for the purpose of
amusement or skill and for the playing of which a fee is charged.
The term does not include vending machines in which are not incorporated
gaming or amusement features, nor does the term include any coin-operated
mechanical musical devices.
Any person, firm, corporation, partnership or association
who sets up for operation by another or leases or distributes for
the purpose of operation by another, any device as herein defined,
whether such setting up for operation, leasing or distributing be
for a fixed charge or rental, or on the basis of a division of the
income derived from such device, or otherwise.
Any person, firm, corporation, partnership, association or
club who, as the owner, lessee, or proprietor has under his or its
control any establishment, place or premises in or at which such device
is placed or kept for use or play, or on exhibition for the purpose
of use or play.
[Ord. 726, 11/10/1983, § 2]
No person, firm, or corporation, shall engage in the business
of an operator or proprietor of an establishment containing coin-operated
amusement devices as the terms are herein defined, without first having
obtained the proper license therefor.
[Ord. 726, 11/10/1983, § 3; as amended by Ord.
1025, 10/14/2004]
The license fee for each said device of the kind and character
hereinabove defined shall be as established from time to time by resolution
of Borough Council.
[Ord. 726, 11/10/1983, § 4]
It shall be unlawful for any person, firm, or corporation, to
install, operate, or maintain such device without first having obtained
the license from the Secretary of the Borough. The license period
shall be the same as the calendar year or any part thereof. All license
fees shall be paid annually in January of each year and for the first
year, i.e., 1983, in which this Part is effective, the license fee
for each said device shall be paid within 30 days of the effective
date of this Part. In no case shall any portion of the said license
fee be repaid to the licensee in the event that the device is removed.
[Ord. 726, 11/10/1983, § 5]
1.
Application for license hereunder shall be filed with the Secretary
of the Borough of Shillington in writing and shall specify:
A.
The name and address of the applicant, and if a firm, corporation,
partnership or association, the principal officers thereof and their
addresses.
B.
The address 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.
C.
The trade name and general description of the device or devices to
be licensed, the name of the manufacturer and the serial number and,
if the applicant is a proprietor, the number of devices to be licensed.
D.
The name and address of the operator of the device or devices, if
other than the proprietor. The proper license fee shall accompany
such application.
2.
Application for license hereunder shall be first referred by the
Secretary of the Borough to Borough Council who shall make or cause
to be made such investigation as they deem necessary. If the application
is approved by the Borough Council the license shall be issued by
the Secretary. If the license is denied, the fee shall be returned
to the applicant. All licenses under this Part shall expire on December
31 following their issuance. The license shall be posted in a conspicuous
place in the establishment of the licensee. Such license shall be
nonassignable and nontransferable, and shall apply only to the premises
for which the license is issued. All license renewals and applications
thereof shall be referred to the Secretary of the Borough of Shillington
who shall make or cause to be made such investigation as he or she
deems necessary for the reissuance of said license. Upon being satisfied
as to the propriety thereof, the Secretary of the Borough shall issue
said renewal license.
[Ord. 726, 11/10/1983, § 6]
In case a proprietor licensed under the provisions of this Part
desires, after the expiration of any portion of any license year,
to increase the number of devices to be used or played, or exhibited
for use or play in his establishment, he shall surrender his license
to the Borough Secretary who shall issue a new license showing the
number of devices licensed thereunder, upon payment of the proper
license fee therefor.
[Ord. 726, 11/10/1983, § 7]
Any proprietor who owns such device or devices at the time this
Part becomes effective shall file with the Secretary of the Borough
evidence of such ownership prior to the issuance of a license; and
any proprietor purchasing a device or devices after the effective
date of this Part shall file with the Secretary of the Borough evidence
of ownership thereof before exhibiting or placing said device or devices
for use or play.
[Ord. 726, 11/10/1983, § 8]
All devices shall, at all times, be kept in place in plain view
of any person or persons who may frequent or be in any place where
such devices are kept or used. Nothing in this Part shall be construed
to authorize, or permit, or license any gambling device of any nature
whatsoever.
[Ord. 726, 11/10/1983, § 9]
The proper officials and employees of the Borough of Shillington
are hereby authorized and directed to make and keep such records,
prepare such forms, and to take such other measures as may be deemed
necessary or convenient to carry this Part into effect.
[Ord. 726, 11/10/1983, § 10; as amended by Ord.
1025, 10/14/2004]
Any person who shall violate any provision of this Part shall,
upon conviction thereof, be sentenced to pay a fine not exceeding
$1,000 and costs and, in default of payment thereof, shall be subject
to imprisonment for a term not to exceed 30 days. Each day that a
violation of this Part continues shall constitute a separate offense.
In addition to any penalty imposed, the Borough Council may revoke
such license for any violation of this Part pertaining to the conduct
of such business.
