As used in this chapter, the following terms shall have the
meanings indicated:
JUKEBOX
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 music or similar amusement.
MECHANICAL, ELECTRONIC OR VIDEO AMUSEMENT DEVICE
Includes any mechanical, electronic or video amusement 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, photo-electronic 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, the primary purpose of which is to dispense merchandise,
such as candy, cigarettes or other tangible personal property.
PERSON
Includes any natural person, association, partnership, firm
or corporation, company, utility or organization of any kind.
PROPRIETOR
Any person, firm, corporation, partnership, association,
entity or club who, as the owner, leaseholder or proprietor, has under
his, her or its control any establishment, place or premises in or
at which any mechanical, electronic or video amusement device is placed
or kept for use or play or on exhibit for the purpose of use or play.
In addition to the aforesaid, the above-designated definition of "proprietor"
shall include any lawful, separate business entity which engages in
its primary operation the use of the aforesaid devices.
[Amended 8-21-1991 by Ord. No. 362]
A. License required. From and after the effective date hereof, no person
or proprietor may offer for use or play within the Borough of Parkside
any jukebox or mechanical, electronic or video amusement device without
first having procured a license therefor from the Borough Council.
B. License fees.
(1) The license fee for each proprietor, as herein defined, shall be
$50 per year for each jukebox and $100 per year for each mechanical,
electronic or video amusement device used or played or exhibited for
use or play. Fees shall be due and payable on or before January 31
of each succeeding calendar year.
(2) The proper license fee shall accompany each application for a license.
C. Expiration and renewal of license. Licenses issued under this chapter
expire on January 31 of each year. Application for renewal, accompanied
by the required annual fee, shall be submitted in the month of January
and may consist of a signed verification of the original application
contents, so long as there have been no changes.
D. Transfer of license restricted. Licenses shall apply to the operator and location to which issued, and transfer from one operator to another or from one jukebox or mechanical or electronic or video amusement device to another is prohibited except upon approval of Borough Council given after submission of an amended application and payment of the fee specified in §
46-2B(1).
[Amended 8-21-1991 by Ord. No. 362]
Gambling and gambling devices are prohibited. Nothing in this
chapter shall in any way be construed to authorize, license or permit
any gambling, game and/or device whatsoever, including but not limited
to card games, nor any machine or mechanism that has judicially been
determined to be a gambling device or to be in any way contrary to
any present or future laws of the Commonwealth of Pennsylvania.
Upon payment of the proper license fee and approval of the license
application, as set down in this chapter, the Borough Secretary shall
be authorized to issue a license form for each jukebox or mechanical,
electronic or video device so licensed, which license shall be attached
and fastened to the respective device so that the same may be readily
observable and readable.
An officer of the Borough of Parkside Police Department, so designated by the Borough Council, may put a seal upon any of said mechanical, electronic or video amusement devices or jukeboxes for which no license fee has been paid; and when the proper license fee has been paid for such sealed mechanical, electronic or video amusement device or jukebox under seal as aforesaid, the person or proprietor in charge of the place where said mechanical, electronic or video amusement device or jukebox is kept or located shall be responsible for and subject to any fines for any unlawful use thereof, as provided for in §
46-10.
The person or proprietor in charge of the place or premises
where any jukebox or mechanical, electronic or video amusement device
is kept or located shall maintain good order on or about the place
or premises in which any jukebox or mechanical, electronic or video
amusement device is kept or located, which shall include but shall
not be limited to the following:
A. Fighting and rowdy behavior.
B. Possession or consumption of alcoholic beverages.
D. The use of marijuana or any controlled substance, possession of which
is prohibited by the Pennsylvania Controlled Substance, Drugs, Device
and Cosmetic Act (35 P.S. § 780-101 et seq.).
[Amended 8-21-1991 by Ord. No. 362]
No jukebox or mechanical, electronic or video amusement device
may be operated between the hours of 10:00 p.m. and 9:00 a.m. on any
day, under any circumstances.
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, are herein deemed
to be unlawful.