[HISTORY: Adopted by the Board of Commissioners of the Township of Marple 7-12-1982 by Ord. No. 82-10 (Ch. 54 of the 1971 Code). Amendments noted where applicable.]
Zoning — See Ch. 300.
As used in this chapter, the following terms shall have the meanings indicated:
- Code Enforcement Officer of the Township of Marple or his designate.
- Any music-vending machine, contrivance or device which, upon insertion of a coin, slug, token, plate, disc 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 songs, music or similar amusement.
- MECHANICAL OR ELECTRONIC AMUSEMENT DEVICE
- Any machine, contrivance or device which, upon the insertion of a coin, slug, token, plate, disc 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 shall 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 whose sole purpose is to dispense merchandise such as candy, cigarettes, etc.
- 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.
- Every natural person, copartnership, association or corporation, and whenever used in any clause prescribing or imposing a penalty, the term, as applied to copartnership or associations, shall mean the partners or members thereof, and as applied to a corporation, the officers thereof.
- PLACE OF AMUSEMENT
- Any place authorized as such as a special exception by the Zoning Hearing Board.
- 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 or key into any slot 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 amusement device, pool table or other similar machine without first having registered with and obtained a license from the C.E.O. as prescribed herein.
Any person(s) desiring to procure a license for a mechanical or electronic device shall apply therefor in writing to the C.E.O. Such application shall set forth the full name and address and telephone number of the applicant, the address at which such device(s) is to be located, together with:
A plan of the premises showing the location or locations where the jukebox, mechanical amusement device or pool table or similar machine or device is to be displayed or maintained and indicating same as a supervised area. No loitering to be permitted on the premises.
This plan will show all doorways, and aisle widths of three feet. Each device must have a minimum of 15 square feet of floor area. This application shall not exceed more than three devices, without a special exception by the Marple Zoning Hearing Board.
No device shall be placed within 10 feet of any doorway.
The type, manufacturer and serial number of each jukebox, mechanical device or pool table for which application is made.
Such information shall be furnished over the signature of the applicant and shall be made under oath or affirmation.
No license shall be granted until a period of 10 days shall have elapsed from the date of application, during which time the C.E.O. shall investigate the facts set forth in the application.
Upon approval of the application, the CEO shall issue a license for each establishment/location where a jukebox, mechanical or electronic amusement device or pool table is to be maintained. The annual license shall include the property owner/tenant name, address of the property, the owner/s of the device/s and the number and type of the devices.
[Amended 2-11-2002 by Ord. No. 2002-1]
[Amended 2-11-2002 by Ord. No. 2002-1; 12-12-2016 by Ord. No. 2016-13]
Registration and license fees shall be paid by the operator or property owner to the C.E.O. at the time that an application is filed for each establishment or location that contains a jukebox(s), mechanical or electronic device(s) or pool table(s) as set from time to time by resolution of the Board of Commissioners.
No deductions or refunds of any fee shall be granted in case of a fee payable for less than a full calendar year. In the event of the transfer of the registration of any establishment or location from one operator or owner to another, there shall be a transfer fee as set from time to time by resolution of the Board of Commissioners for that device.
In the case of the loss, defacement or destruction of any original license, the person to whom such license is issued shall apply to the C.E.O., who will then issue a new license upon payment of a fee as set from time to time by resolution of the Board of Commissioners.
A copy of the license must be visibly posted upon the premises where any jukebox, mechanical or electronic device or pool table is displayed or maintained for use and operation.
[Amended 2-11-2002 by Ord. No. 2002-1]
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 duly authorized agents of the C.E.O. and/or the Marple Township Police Department.
No mechanical or electronic device or pool table shall be used for gambling or other illegal purposes.
Any premises or places of business primarily or substantially devoted to the display or maintenance of mechanical or electronic amusement devices or pool tables shall be subject to the provisions of Chapter 300, Zoning, relating to places of amusement. 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 and/or pool tables shall be considered as being substantially devoted to the display or maintenance of mechanical or electronic amusement devices or pool tables.
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 public school is in session.
After the Marple Township Police Department has responded to two complaints pertaining to disturbances related to the operation of such devices at any licensed premises, the Board of Commissioners will have the right to review the complaints, and if it is decided that the complaints were legitimate, they will have the right to suspend licensure and enforce the removal of all devices from the licensed premises.
Licenses issued under this chapter expire on December 31 of each year. Application for renewal, accompanied by the required annual fee, shall be submitted in the month of December and shall consist of a signed verification of the original application contents so long as there have been no changes.
[Amended 2-11-2002 by Ord. No. 2002-1]
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 CEO, and payment of the fee specified in § 91-4B above.
[Amended 6-12-2000 by Ord. No. 2000-10]
Any person, firm or corporation violating any provision of this chapter shall, upon conviction thereof, be subject to a maximum fine of $1,000, plus costs of prosecution, and, in default of payment of such fine and costs, imprisonment for a term not exceeding 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 breech of this chapter, and the licensee shall be liable to prosecution under this chapter.