[HISTORY: Adopted by the Borough Council
of the Borough of Malvern 6-14-1983 by Ord. No. 83-4 (Part 6, Ch. 6, of the
1975 Code of Ordinances). Amendments noted where applicable.]
The terms and provisions of Act 511, the Local
Enabling Act of the General Assembly of the Commonwealth of Pennsylvania,
approved December 31, 1965, and effective January 1, 1966, as amended,
permit the Borough of Malvern to provide for the levying, assessment
and collection of a tax on mechanical devices operated within the
Borough of Malvern. The Borough Council of Malvern has determined
that such a tax be levied, assessed and collected for general revenue
purposes.
As used in this chapter, the following terms
shall have the meanings indicated:
Anyplace authorized in a C-1 District as a special exception
by the Zoning Hearing Board.
Any electronic or mechanical device, machine or apparatus
which, upon the insertion of a coin, token, slug, plate, disk or key
any into any slot, crevice or other opening, or by the payment of
any price, may be operated or used as or for a game, entertainment,
contest or amusement of any kind or description, 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 bowling machines, photoelectric shooting or
target machines, electronic video games, air hockey tables, football
games and all games, operations or transmissions similar thereto,
under whatever name they may be designated or described. It shall
not include devices or machines whose sole purpose is to dispense
merchandise, such as candy, cigarettes, etc. However, this chapter
shall not apply to coin-operated radios or television sets in private
quarters.
Any person, firm, partnership, corporation or association
displaying or maintaining for use and operation any mechanical amusement
device or otherwise permitting the use or operation of such devices
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 copartnerships or associations, shall mean
the partners or members thereof, and as applied to corporations, the
officers thereof.
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 mechanical amusement device or similar machine
without first having registered with and obtained a license from the
Borough as prescribed herein, and, in the case of arcades, such operator
or applicant shall have received zoning approval pursuant to the applicable
provisions of the Borough of Malvern Zoning Ordinance of 1976, Ordinance
No. 76-2, adopted May 4, 1976,[1] as in relevant part amended.
A.
Any person(s) desiring to procure a license for a
mechanical or electronic device shall apply therefor in writing to
the Borough. Such application shall set forth the full name and address
of the applicant, the address at which such device(s) is to be located
and shall contain and comply with the following:
B.
Upon approval of the application, the Borough shall
issue a license for each location where a mechanical or electronic
amusement device is to be displayed or maintained and may also issue
a seal to be affixed to each mechanical or electronic device registered
and licensed under this chapter.
[Amended 6-9-1987 by Ord. No. 87-8; 11-20-1990 by Ord. No.
90-11]
A.
For general revenue purposes, the Borough of Malvern
hereby levies and imposes an annual mechanical devices license tax,
which shall be paid by the operator to the Borough at the time that
application is made pursuant to the preceding section. The amount
of such license tax shall be $10 per mechanical and electronic amusement
device for each of the first four devices on the premises and $50
per device for each additional device on the premises after the first
four devices. Schools, churches, hospitals and other charitable/nonprofit
organizations and institutions, determined to be such by the Borough
Council, shall be exempt from such taxation.
B.
The license tax imposed hereby is based upon the number
of devices located within the licensed premises during a full calendar
year. Accordingly, such devices may be replaced by devices of the
same category during such twelve-month period without additional tax;
provided, however, that such replacement/transfer shall be subject
to the registration requirements herein contained; and provided further
that there shall be no refund in the case of devices which are destroyed,
stolen, sold or otherwise disposed of or transferred without replacement.
The initial license tax (prorated on a calendar-year basis) shall
be paid at the time of application, and transfer fees shall be paid
within 10 days from the date of installation of such replacement devices.
C.
In the case of loss, defacement or destruction of
any original license or seal, the person to whom such license or seal
was issued shall make application to the Borough for the issuance
of a replacement seal or license within five days from the date of
such loss, defacement or destruction and shall pay a reissuance fee
in such amount as shall from time to time be established by resolution
of Borough Council. Such fee shall be $15 for each such seal or license
from date hereof until changed by such resolution.
A.
The license must be visibly and prominently displayed
within the licensed premises, and such seal as may be provided by
the Borough shall be affixed to each mechanical or electronic device
for which such seal shall have been issued. All such seals shall be
removed and destroyed immediately upon the removal of such device
from the premises.
B.
No mechanical or electronic device shall be used for
gambling or other illegal purposes.
C.
Any premises or places of business primarily or substantially
devoted to the display or maintenance of mechanical or electronic
amusement devices shall be subject to the provisions of the Zoning
Ordinance[1] relating to arcades. For the purposes of this subsection,
any premises upon which are displayed or maintained more than a total
of three mechanical or electronic amusement devices shall be considered
as being substantially devoted to the display or maintenance of mechanical
or electronic amusement devices.
D.
Hours of operation are as follows: during the period
that the Great Valley School District is in session, Monday through
Thursday from 3:00 p.m. to 9:00 p.m., Friday from 3:00 p.m. to 11:00
p.m., Saturday from 12:00 noon until 11:00 p.m., and Sunday from 3:00
p.m. until 9:00 p.m.
E.
The essential provisions (times and ages) of the Borough's
Curfew Ordinance shall be conspicuously placed within the premises,
and the operators of such establishments shall make all reasonable
effort to assist the Borough in the enforcement of such ordinance.[2]
[2]
Editor's Note: Former § 8-1031 et
seq., Curfew, was repealed 7-16-2002 by Ord. No. 2002-3.
F.
In recognition of the fact that the noise generated
by mechanical amusement devices is often loud and offensive, all such
activity must be conducted totally indoors, and sufficient measures
shall be taken to confine such noise to the interior of such premises.
Licenses issued under this chapter expire on
December 31 of each year. Applications for renewal, accompanied by
the required annual fee, shall be submitted prior to December 24 of
each year and may consist of a signed verification of the original
application if there have been no changes during the preceding license
year.
Licenses shall apply only to the operator and location to which issued, and any transfer shall require an amendment of the original application, approved by the Borough, and payment of the fee specified in § 71-5, above.
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 effective date of this chapter, and such registration shall
remain in effect until December 31, 1983, notwithstanding anything
to the contrary herein provided.
A.
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 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. It is expressly understood that the permits issued for the
operation of said machines or devices shall be for amusement purposes
only. Any indication of gambling, i.e., the awarding of cash or premiums,
shall constitute a breach of the chapter, and the licensee shall be
liable to prosecution under this chapter.
The provisions of this chapter are severable,
and if any section, clause, part or provision hereof shall be held
illegal, invalid or unconstitutional by any court of competent jurisdiction,
such decision of the court shall not affect or impair the remaining
sections, sentences, clauses, parts or provisions of this chapter.
It is hereby declared to be the intent of the Borough Council that
this chapter would have been adopted if such illegal, invalid or unconstitutional
section, sentence, clause, part or provision had not been included
herein.
