[HISTORY: Adopted by the Board of Commissioners
of the Township of Nether Providence 5-13-1982 as Ord. No. 514. Amendments
noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any place or facility permitted by the Township Zoning Ordinance
and especially Ordinance No. 504.
[1]The Code Enforcement Officer of the Township of Nether Providence
or his designee.
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 songs, 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 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
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 a copartnership or association, shall mean
the partners or members thereof, and as applied to a corporation,
the officers thereof.
Any table with cushions and/or pockets upon which games or
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 CEO, as prescribed herein, and without
complying with the Township Zoning Ordinance and especially Ordinance
No. 504.[1]
A.
Any person(s) desiring to procure a license for a
mechanical or electronic device shall apply therefor in writing to
the CEO.
(1)
Such application shall set forth the full name and
address of the applicant and the address at which such device(s) is/are
to be located, together with:
(a)
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 the same as a supervised area.
[1]
No loitering shall be permitted on the premises.
[2]
This plan will show all doorways, with 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.
[3]
No device shall be placed within 10 feet of
any doorway.
(b)
The type, manufacturer and serial number of
each jukebox, mechanical device or pool table for which application
is made.
(2)
Such information shall be furnished over the signature
of the applicant and shall be made under oath or affirmation.
(3)
No license shall be granted until a period of 10 days
shall have elapsed from the date of application, during which time
the CEO may, at his or her discretion, investigate the facts set forth
in the application.
B.
Upon approval of the application, the CEO 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
may also issue a seal to be affixed to each jukebox, mechanical or
electronic device or pool table registered and licensed under this
chapter.
[Amended 12-10-1992 as Ord. No. 581]
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. In the event of the transfer
of the registration of any device, there shall be a transfer fee as
set forth by resolution of the Board of Commissioners from time to
time.[2]
C.
In the case of the loss, defacement or destruction
of any original license or seal, the person to whom such certificate
or seal was issued shall apply to the CEO, who will then issue a new
license or seal upon payment of a fee as set forth by resolution of
the Board of Commissioners from time to time.[3]
A.
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, 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 CEO.
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 duly authorized agents
of the CEO and/or the Nether Providence Township Police Department
during all hours that such premises are open to use by the public.
C.
No mechanical or electronic device or pool table shall
be used for gambling or other illegal purposes.
D.
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 the Zoning Ordinance[1] relating to amusement facilities. 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.
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 hours of 8:00 a.m. to 4:00 p.m. of any day in which public
school is in session.
F.
After the Nether Providence 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 decided the complaints were legitimate, it will have the right
to suspend licensure and enforce the removal of all devices from the
licensed premises for the remainder of that calendar year.
Licenses issued under this chapter 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 an amendment of the original application, approved by the CEO, and payment of the fee specified in § 85-4B above. A new seal may be issued for a replacement for a jukebox, mechanical or electronic device or pool table previously registered under this chapter only upon amendment of the original application, approval by the CEO and payment of the fee specified in Section 85-4C above.
[Amended 12-10-1992 as Ord. No. 581]
Any person, firm or corporation violating any provision of this chapter shall, upon summary conviction before any District Justice, be punishable as provided in Chapter 1, General Provisions, Art. II, Violations and Penalties, § 1-17, Other violations. 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.
