[HISTORY: Adopted by the Borough Council of the Borough of
Eddystone as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-14-1981 by Ord. No. 469, approved 12-14-1981]
As used in this article, the following terms are defined as
follows:
Any coin-operated machine or similar equipment which is used
by a patron for his or her amusement. Vending machines used for dispensing
of goods are exempt from this article.
[Amended 3-8-1982 by Ord. No. 471, approved 3-8-1982]
The keeper, proprietor, superintendent, lessee or owner of
the premises which are open to the general public.
Includes any building or room, place or space therein which
is open to the general public and contains coin-operated amusement
devices.
A.
It shall be unlawful to keep and/or maintain any place for the use
by the general public where more than six coin-operated amusement
devices are kept for hire or reward for the use thereof.
[Amended 3-8-1982 by Ord. No. 471, approved 3-8-1982]
B.
In order to keep and/or maintain six or less coin-operated amusement
devices, the operator must apply for and obtain a license from the
Mayor of the Borough of Eddystone as set forth hereinafter.
[Amended 3-8-1982 by Ord. No. 471, approved 3-8-1982]
C.
There shall be no license fee for the first two coin-operated machines;
however, for each additional coin-operated machine up to a maximum
of six coin-operated machines, there shall be an annual license fee
of $100. The required license fee shall be paid at the time the application
for the license is made and shall not be refundable if the application
is denied.
[Amended 3-8-1982 by Ord. No. 471, approved 3-8-1982]
D.
The license shall be posted in a conspicuous place within the building,
room, place or space therein where the mechanical amusement devices
are located, maintained and used.
[Amended 8-9-1982 by Ord. No. 475, approved 8-9-1982]
A.
The application shall be made on a form provided by the Mayor's
office and shall contain the following information:
(1)
Names of the owner and operator.
(2)
Address of establishment.
(3)
Home address of operator.
(4)
Dimensions of the building.
(5)
Gross receipts from other businesses located in establishment.
(6)
Scale floor plan indicating area to be occupied by mechanical amusement
devices.
(7)
Anticipated gross receipts from mechanical amusement devices.
(8)
A statement indicating whether pool tables are in the establishment
or will be brought in later.
(9)
Proof that the applicant has filed necessary documents relating to
earned income and mercantile taxes.
(10)
A statement indicating how the area where the business is located
is zoned.
B.
The business where the machines are located must be under adult supervision
at all times.
C.
All applicants shall be investigated by the Borough of Eddystone
Police Department, and its findings shall be reported to the Mayor's
office.
D.
No license shall be issued where there are more than two coin-operated
pool tables.
E.
Any party denied a license must receive written notice of the denial
with the reason for such denial stated therein.
F.
Any party aggrieved by the decision of the Mayor may request a hearing
before the Borough Council within 30 days after notice of the Mayor's
decision.
The license of any public business place may be revoked or suspended
by the Mayor for disorderly or immoral conduct on the premises or
upon proof that the public business place was frequented by disorderly
or immoral persons, or for the violation of any of the rules, regulations,
ordinances and laws governing and applying to public business places
operating, maintaining and using three or more coin-operated amusement
devices, including this article and any rules or regulations formulated
by the Mayor pursuant thereto. If at any time the license of a public
business place is suspended or revoked, at least three months shall
elapse before another license shall be granted for the operations
of coin-operated amusement devices on the same premises.
No minor under the age of 18 shall be allowed to operate mechanical
amusement devices during hours when school is in session.
No operator of any public business place operating coin-operated
amusement devices shall allow or permit such machines to be used between
the hours of 1:00 a.m. and 6:00 a.m. on any secular day, nor before
12:01 p.m. on Sunday.
The Mayor shall have the power to formulate such rules and regulations
as may be necessary or appropriate to carry out the provisions of
this article.
[Amended 1-9-1989 by Ord. No. 524, approved 1-9-1989]
Any person, corporation, firm or other business entity operating
a public business place containing coin-operated amusement devices
who violates any provision of this article shall, upon conviction
for a violation of this article before a District Justice, be fined
not more than $600 and costs of prosecution and, in default of payment
thereof, shall be imprisoned for not more than 30 days. Each day's
violation of this article shall constitute a separate violation hereof.
