[HISTORY: Adopted by the Borough Council
of the Borough of Yeadon 12-7-1995 by Ord. No. 1245 as Ch. 826 of the 1995
Code. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any machine, contrivance and/or device which vends music
upon the insertion of a coin, slug, token, plate, disc or key into
any slot, crevice or other opening, or which, upon the payment of
any price, operates or may be operated for the emission of music and/or
similar entertainment.
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 upon the payment of a specific sum, may be operated
or used as a game, entertainment and/or amusement and/or instructional
device, whether or not registering a score and whether or not a prize
is offered. The term includes, but is not 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 by whatever
name known. The term does not include devices or machines which dispense
merchandise such as candy, cigarettes, maps or common household or
business items, or jukeboxes.
Any person displaying or maintaining for use and/or operation
any mechanical amusement device or pool table or otherwise permitting
the use or operation of such device for a fee or charge.
Every natural person, copartnership, association or corporation.
Whenever used in any clause prescribing or imposing a penalty, "person,"
as applied to a copartnership or association, means the partners or
members thereof, and, as applied to a corporation, the officers thereof.
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,
disc or key into any slot, crevice or other opening.
No operator shall display, keep or maintain
for use and/or operation or otherwise permit the use and/or operation
of any mechanical and/or electronic amusement device, pool table or
other similar machine without first having registered with and obtained
a license from the Mayor as prescribed in this chapter.
A.
Every operator desiring to register with and obtain
a license required by this chapter shall apply to the Mayor or such
other person as may be designated by Council at its discretion. Application
forms may be obtained at the Borough Hall and shall set forth the
following information:
(1)
The name and address of the operator.
(2)
A plan of the premises showing the location or locations
where the mechanical and/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
which shall be provided. Such plans shall comply with all applicable
provisions of the Building and Housing Code, the Fire Prevention Code[1] and other applicable ordinances of the Borough.
(3)
The type, manufacturer and serial number of each mechanical
amusement device or pool table for which application is being made.
(4)
Such other information as the Mayor may deem necessary
for the proper administration and enforcement of this chapter.
B.
Upon approval of the application, a license for each individual device or pool table shall be issued by the Mayor or such other person as may be designated by Council at its discretion, unless such issuance would either fail to comply with the provisions of this chapter, provide a foreseeable detriment to public health, welfare and/or safety, or fail to comply with Chapter 300, Zoning, of the Borough or any other ordinance or law of the Borough, commonwealth or federal government.
A.
A registration and license fee of $50 per calendar
year for each mechanical and/or electronic amusement device or pool
table shall be paid by the operator to the Borough at the time the
application for the license is filed.
B.
No deduction or refund of any fee shall be granted in the case of a fee payable for less than a full calendar year or in the case of any device or pool table validly transferred or destroyed, stolen or rendered inoperable through vandalism, fire or natural disaster. However, upon proper application as described in § 76-3, including certification of loss by the operator, an alternative license shall be issued for a fee of $5 for a device or pool table of comparable description of that which is certifiably lost. This license shall expire at the end of the calendar year.
C.
Any device or pool table removed for any reason not described in Subsection B hereof shall continue to enjoy its validation throughout the calendar year and therefore may be returned to the premises unless two other licensed devices and/or pool tables are present upon that premises at that contemplated time. No fee for an eligible return of a licensed device or pool table will be charged through the licensed period.
Nonprofit associations in the Borough, where
access to the premises is restricted to members only, are exempt from
the provisions of this chapter.
A.
A copy of the license required by § 76-2 must be visibly posted upon the premises where any mechanical and/or electronic amusement device or pool table is displayed or maintained for use and operation in accordance with the directions of the Mayor.
B.
Any premises upon which a mechanical and/or electronic
amusement device or pool table is displayed or maintained shall be
open to examination and inspection by duly authorized agents of the
Mayor and/or the Police Department during all hours that such premises
are open to use by the public.
C.
No mechanical and/or electronic amusement device or
pool table shall be used for gambling or other illegal purpose.
D.
No operator shall display, maintain or operate more
than two devices or pool tables within the same building or establishment
or any combination of buildings or establishments with common access
during the same license period.
E.
No licensee shall remove any licensed device or pool
table from the premises designated upon the license without notice
by certified mail to the Mayor or such other person as may be designated
by Council and acknowledgment by such authority of the proposed removal.
F.
No mechanical and/or electronic amusement device or
pool table or similar machine or device shall be located within 10
feet of a doorway.
G.
Each device, excluding pool tables and shuffleboard
tables (not mechanical), shall be provided with a minimum of 10 feet
clearance (open space) on both sides and 10 feet front clearance (open
space) in front where the patrons are to be situated.
H.
No device or table, either separately or in combination
with other such devices in any establishment, shall exceed the accepted
ANSI or United States standards for noise levels.
Licenses issued under this chapter expire on December 31 of each year. Applications for renewal, accompanied by the annual fee required by § 76-4, shall be submitted in December and may consist of a signed verification of the original application contents so long as there have been no changes.
This chapter shall take effect and be in force
from and after its approval as required by law. However, an 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.
Whoever violates any of the provisions of this
chapter shall be fined not less than $100 nor more than $1,000 or
imprisoned not more than 10 days in the Borough lockup or not more
than 30 days in the county jail or workhouse, or both such fine and
imprisonment. A separate offense shall be deemed committed each day
during or on which a violation or noncompliance occurs or continues.
