[HISTORY: Adopted by the Borough Council of the Borough of Norristown
11-9-1982 as Ord. No. 82-19. Sections 99-3A, 99-4C, 99-7 and 99-8 amended
at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other
amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated.
A coin-operated machine or device which, whether mechanical, electrical
or electronic, shall be ready for play by the insertion of a coin and may
be operated by the public for use as a game, entertainment or amusement, the
object of which is to achieve either a high or low score, by which comparison
to the score of other players, whether playing concurrently or not, demonstrates
a relative score or competence or indicates in any other way competitive advantages
of one player or team over another, regardless of skill or competence. It
shall include devices such as pinball machines or any device which uses a
video tube to reproduce symbolic figures and lines intended to be representative
of real games or activities.
An establishment having four (4) or more amusement game machines
available for use by the public.
Any person, firm, corporation, partnership, association or club that
operates a place or business where amusement game machines are available for
operation by the public.
No proprietor shall have in his place of business any amusement game
machines without first obtaining the proper license pursuant to the terms
and conditions of this chapter.
A.Â
Adequate space shall be provided for each machine so
as to allow its use without overcrowding. A minimum width of two (2) feet
shall be provided per machine where the machine is designed for use by one
(1) player and three and one-half (3Â 1/2) feet where the machine is designed
for use by two (2) or more players. The depth of the space in front of the
machine shall be at least five (5) feet, and there shall be a minimum aisle
width beyond this five (5) feet of an additional three (3) feet.
B.Â
The proprietor shall have proper supervision of the premises
to regulate and control the players and spectators in the area where amusement
game machines are located, and all amusement game machines shall at all times
be kept in plain view of any person or persons who supervise the place where
the devices are used.
D.Â
All amusement game machines shall be placed on the premises in accordance with the above-described space requirements and also in such manner that the location of the machines will not constitute a safety or fire hazard. In the event that the location of the machines constitutes a violation of Chapter 159, Fire Prevention, or if, in the opinion of the Fire Marshal, the placement of the machines constitutes a public safety and fire hazard, the Fire Marshal shall have the right to order that the machines be removed or relocated to cure such defect. In the event that the Fire Marshal, in the exercise of his office, determines that the location of the machines and/or the condition of the premises constitutes an emergency situation detrimental to the public health and safety, the Fire Marshal is hereby authorized to order the establishment closed until the proprietor complies with the rules and regulations of Chapter 159, Fire Prevention, and corrects any other violation determined by the Fire Marshal.
A.Â
License application.
(1)Â
Application for a license shall be made in the office
of the Borough Treasurer upon forms supplied by the Borough Treasurer. The
application shall contain the following information:
(a)Â
The name and address of the applicant and, if a firm,
corporation, partnership or association, the principal officers thereof and
their addresses.
(b)Â
The address of the premises where the licensed device
or devices are to be operated, together with the number of amusement game
machines to be operated on the premises. In the event that the application
is for a game room, the applicant must submit a use and occupancy permit for
the game room issued by the Borough Zoning Officer.
(2)Â
The first license fee due under this chapter shall be
for the calendar year 1983. The annual license application must be filed and
the license fee must be paid for the amusement game machines pursuant to this
chapter by December 15 of the prior year.
B.Â
License fee.
(1)Â
Commencing on December 1, 1982, for the year 1983, and
on each succeeding December 1 thereafter, for the following year, the proprietor
shall pay to the Borough Treasurer a license fee. Any proprietor who operates
amusement game machines as an accessory use shall pay a license fee of twenty-five
dollars ($25.) per year, and a proprietor who operates a game room shall pay
a license fee of three hundred dollars ($300.) per year.
(2)Â
Any proprietor who commences the use of amusement game
machines in his place of business during the year shall apply for a license
immediately and shall pay the license fee as described in the next preceding
subsection. The annual license fee shall not be apportioned, regardless of
the date on which said license may be issued.
A.Â
The proprietor shall supervise and police the area where
amusement game machines are located.
B.Â
As regulated by the Pennsylvania Liquor Control Board
rules and regulations, unless accompanied by an adult, no person under the
age of twenty-one (21) years shall be permitted on the premises where liquor
is served and consumed on the premises. Where amusement game machines are
located on the premises where liquor is served or used, the use of amusement
game machines by a person under the age of twenty-one (21) years is prohibited
at all times.
C.Â
The proprietor shall govern and police the area where
the amusement game machines are in use in such a manner as to prevent overcrowding
of players and spectators of the amusement game machines; so that there is
no conduct permitted at the premises by the players and spectators of the
amusement game machines which would constitute an adverse effect upon the
health, welfare and morals of the general public; and so that no gambling
or wagering is permitted on the premises by the amusement game machine players
or spectators.
The Fire Chief or his assistants, the Fire Marshal or his assistants,
the Borough Building Inspector or his assistants and the Chief of Police and
any member of the Police Department shall have concurrent jurisdiction for
the enforcement of this chapter.
Any proprietor who shall violate any provision of this chapter or shall
permit anyone to violate any provision of this chapter shall, upon summary
conviction for such violation, pay to the Borough of Norristown a fine of
not less than one hundred dollars ($100.) nor more than six hundred dollars
($600.), plus the costs of prosecution, and, in default of such payment of
fine and costs, shall undergo imprisonment for a period of not more than five
(5) days.
