[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.]
GENERAL REFERENCES
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.
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.
Any place authorized as such as a special exception by the
Zoning Hearing Board.
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.
A.Â
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:
(1)Â
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.
(2)Â
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.
(3)Â
No device shall be placed within 10 feet of any doorway.
(4)Â
The type, manufacturer and serial number of each jukebox,
mechanical device or pool table for which application is made.
(5)Â
Such information shall be furnished over the signature
of the applicant and shall be made under oath or affirmation.
(6)Â
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.
B.Â
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]
A.Â
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.
B.Â
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.
C.Â
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.Â
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]
B.Â
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.
C.Â
No mechanical or electronic device or pool table shall
be used for gambling or other illegal purposes.
D.Â
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.
E.Â
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.
F.Â
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.
