As used in this chapter, unless the context
otherwise indicates, the following terms shall have the meanings indicated:
CIGARETTE VENDING MACHINE
Any automatic vending machine used for the sale of cigarettes
and matches and controlled by the insertion of a coin or coins. It
shall not include machines or devices used solely for the vending
of service, food or confections.
JUKEBOX
Any music vending 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 by the payment of any price, operates
or may be operated for the emission of songs, music or similar amusement.
MECHANICAL AMUSEMENT DEVICE
Any machine which, upon the insertion of a coin, slug, token,
plate or disc, may be operated by the public generally for use as
a game, entertainment or amusement, whether or not registering a score.
It shall include such devices as marble machines, pinball machines,
skill ball, mechanical grab machines, video games and all games, operations
or transactions similar thereto under whatever name they may be indicated.
PERSON, FIRM, CORPORATION or ASSOCIATION
Includes the following: any person, firm, corporation or
association which owns any such machine; the person, firm, corporation
or association in whose place of business any such machine is placed
for use by the public; and the person, firm, corporation or association
having control over such machine; provided, however, that the payment
of such fee by any person, firm, corporation or association enumerated
herein shall be deemed a compliance with this definition.
Nothing in this chapter shall in any way be
construed to authorize, license or permit any gambling devices whatsoever
or any mechanism that has been judicially determined to be a gambling
device or in any way contrary to law or that may be contrary to any
future laws of the Commonwealth of Pennsylvania.
Any person, firm, corporation or association displaying for the public patronage or keeping for operation any cigarette vending machine, jukebox or mechanical amusement device as herein defined by §
339-1 shall be required to obtain a license from the Borough of Old Forge upon payment of a license fee. Application for such license shall be made to the Code Enforcement Officer upon a form to be supplied by the Borough.
Application for license shall be made out in
duplicate, one copy being referred to the Chief of Police and the
other copy to the Borough Zoning Officer.
A. The Chief of Police shall investigate the location
wherein it is proposed to operate such machine, ascertain if the applicant
is a person of good moral character and either approve or disapprove
the application.
B. The Code Enforcement Officer shall inspect all wiring
and the connections to the machine, determine if the same complies
with the standards of the Pennsylvania Uniform Construction Code and
shall either approve or disapprove the application.
C. No license shall be issued to any applicant unless
approved by the Chief of Police and the Borough Zoning Officer.
Every license issued under this chapter is subject
to the right, which is hereby expressly reserved, to revoke the same
should the licensee directly or indirectly permit the operation of
any cigarette vending machine, jukebox or mechanical amusement device
contrary to the provisions of this chapter, the ordinances of the
Borough of Old Forge or the law of the Commonwealth of Pennsylvania.
Said license may be revoked by the Borough Council after written notice
to the licensee, which notice shall specify the ordinance or law violations
with which the licensee is charged, if after a hearing the licensee
is found to be guilty of such violations. Ten days' notice of the
hearing shall be given the licensee. At such hearing, the licensee
and his attorney may present and submit evidence of witnesses in his
defense.
If the Chief of Police shall have reason to
believe any mechanical amusement device is used as a gambling device,
such machine may be seized by the police and impounded, and if, upon
trial of the exhibitor for allowing it to be used as a gambling device,
said exhibitor shall be found guilty, such machine shall be destroyed
by the police.
[Amended 5-31-1994]
Any person, firm or corporation violating any
of the provisions of this chapter, in addition to the revocation of
his or its license, shall be liable to a fine or penalty of not more
than $600, plus costs of prosecution, and, in default of payment of
such fine and costs, to a period of imprisonment not exceeding 30
days for each offense.