[HISTORY: Adopted by the Borough Council of the Borough of Glenolden 2-11-1982 by Ord. No. 859. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 109.
Peace and good order — See Ch. 121.
Amusement tax — See Ch. 148, Art. III.
As used in this chapter, the following terms shall have the meanings indicated:
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer of the Borough of Glenolden.
JUKEBOX
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.
MECHANICAL OR ELECTRONIC AMUSEMENT DEVICE
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.
OPERATOR
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.
POOL TABLE
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:
(1) 
For each jukebox, $50 per year or fraction thereof.
(2) 
For each mechanical or electronic amusement device, $150 per year or fraction thereof.
(3) 
For each pool table, $100 per year or fraction thereof.
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]
[1]
Editor's Note: See Ch. 162, Zoning, Art. V, § 162-23, in which places of amusement and motion-picture theaters are listed as permitted uses in the Shopping Center District B-2.
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.