[HISTORY: Adopted by the Borough Council of the Borough of Glenolden 2-11-1982 by Ord. No. 859. Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
The Code Enforcement Officer of the Borough of Glenolden.
Any music vending machine, contrivance or device which, upon insertion
of a coin, slug, token, plate, disk or key into any slot, crevice or other
opening, or by the payment of any price, operates or may be operated for the
emission of music or similar amusement.
Any machine, contrivance or device which, upon the insertion of a
coin, slug, token, plate, disk or key into any slot, crevice or other opening,
or by the payment of any price, may be operated or used as a game, entertainment
or amusement, whether or not registering a score and whether or not a prize
is offered. It shall include but not be limited to such devices as marble
machines, pinball machines, skill ball, mechanical grab machines, mechanical
bowling machines, photoelectric shooting or target machines, electronic video
games, air-hockey tables, football games and all games, operations or transactions
similar thereto under whatever name they may be designated or described. It
shall not include devices or machines the primary purpose of which is to dispense
merchandise such as candy, cigarettes or other tangible personal property.
Any person, firm, partnership, corporation or association displaying
or maintaining for use and operation any jukebox, mechanical or electronic
amusement device or pool table or otherwise permitting the use or operation
of such devices for a fee or charge. This term encompasses every natural person,
copartnership, association or corporation, and whenever used in any clause
prescribing or imposing a penalty, the term as applied to copartnerships or
associations shall mean the partners or members thereof, and as applied to
corporations, the officers thereof.
Any table with cushions and/or pockets upon which games of pool and/or
billiards in any form are played upon payment of a price, whether or not operated
by the insertion of a coin, slug, token, plate, disk or key into any slot,
crevice or other opening.
It shall be unlawful for any operator to display or keep or maintain
for use and operation or otherwise permit the use and operation of any jukebox,
mechanical or electronic amusement device, pool table or other similar machine
without first having registered with and obtained a license from the Code
Enforcement Officer as prescribed herein.
A.
Every person desiring to become an operator shall apply
to the Code Enforcement Officer for a license or licenses and pay the fees
hereinafter set forth. Application forms may be secured from the Borough Offices,
36 East Boon Avenue, Glenolden, Pennsylvania 19036, and shall set forth the
following information:
(1)
The name and business address of the operator.
(2)
A plan of the premises showing the location or locations
where a jukebox, mechanical or electronic amusement device or pool table or
similar machine or device is to be displayed or maintained, as well as the
location or locations of the supervision of the establishment. No device may
be located within 10 feet of any doorway.
(3)
The type, manufacturer and serial number of each jukebox,
mechanical or electronic amusement device or pool table for which application
is being made.
(4)
Such other information as the Code Enforcement Officer
may deem necessary for the proper administration and enforcement of this chapter.
B.
Upon approval of the application, the Code Enforcement
Officer shall issue a license for each location where a jukebox, mechanical
or electronic amusement device or pool table is to be displayed or maintained
and a seal to be affixed to each mechanical or electronic device or pool table
registered and licensed under this chapter.
A.
Registration and license fees shall be paid by the operator
to the Code Enforcement Officer at the time that application is filed. Such
fees shall be as follows:
B.
No deductions or refunds of any fee shall be granted
in case of a fee payable for less than a full calendar year or in the case
of any device destroyed, stolen, sold or otherwise disposed of or transferred
after payment of the fee.
C.
In the case of the loss, defacement or destruction of
any original license or seal, the person to whom such license or seal was
issued shall apply to the Code Enforcement Officer, who will then issue a
new seal or license upon payment of a fee of $5.
Three or less mechanical or electronic amusement devices and/or pool
tables upon or in any premises are hereby deemed to be an accessory use and
permitted as an accessory use in a business establishment permitted in a business
district. Any premises upon which are displayed or maintained more than three
mechanical or electronic amusement devices and/or pool tables are hereby deemed
to be places of amusement under Article V, Section 501, of the Glenolden Borough
Zoning Code.[1]
A.
A copy of the license must be visibly posted upon the
premises where any jukebox, mechanical or electronic amusement device or pool
table is displayed or maintained for use and operation, and the seal which
will be provided shall be affixed to the jukebox, mechanical or electronic
amusement device or pool table for which issued in accordance with the directions
of the Code Enforcement Officer.
B.
Any premises upon which any jukebox, mechanical or electronic
amusement device or pool table is displayed or maintained shall be open to
examination and inspection by the Code Enforcement Officer and Borough of
Glenolden police officers during all hours that such premises are open to
use by the public.
C.
No mechanical or electronic amusement device or pool
table shall be used for gambling or other illegal purposes.
D.
Any operator granted a license shall not permit the operation
of any 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.
E.
After the Borough of Glenolden Police Department has
responded to the third complaint pertaining to disturbances related to the
operation of such devices at any licensed premises, the Borough Council will
have the right to review the complaints, and if a substantial cause of the
complaints is the operator's failure to properly supervise the premises,
Council will have the right to suspend or revoke the license.
Licenses issued under this chapter shall 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 so long as there have been no changes.
Licenses shall apply only to the operator and location to which issued, and any transfer shall require amendment of the original application, approved by the Code Enforcement Officer, and payment of the fee specified in § 41-4A above. A new seal may be issued for a replacement of a jukebox, mechanical or electronic amusement device or pool table previously registered under this chapter only upon amendment of the original application, approval of the Code Enforcement Officer, and payment of a fee of $5.
Any person, firm or corporation violating any provision of this chapter
shall, upon summary conviction before any District Justice, be subject to
a fine not exceeding $300 and costs of prosecution and, in default of payment
of fine and costs, such person may be imprisoned in the county jail for not
more than 30 days. Each and every day in which any person shall be in violation
of this chapter shall constitute a separate offense.
This chapter shall take effect and be in force from and after its approval
as required by law; provided, however, that any operator subject to the provisions
of this chapter shall register and apply for a license as provided herein
within 30 days of the date this chapter takes effect, and such registration
and license shall remain in effect until December 31, 1982, notwithstanding
anything to the contrary herein provided.
