[HISTORY: Adopted by the Borough Council
of the Borough of Old Forge 11-15-1983 by Ord. No. 12-1983 (Ch. 157 of the 1994
Code). Amendments noted where applicable.]
As used in this chapter, unless the context
otherwise indicates, the following terms shall have the meanings indicated:
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.
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.
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.
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.
A.
The application for such license shall contain the
following information:
(1)
The name and address of the applicant, his age and
date and place of birth.
(2)
Prior convictions of the applicant, if any.
(3)
The place where the machine or device is to be displayed
or operated and the business conducted at that place.
(4)
A description of the machine to be covered by the
license, mechanical features, name of the manufacturer and serial
number.
B.
No license shall be issued to any applicant unless
he/she shall be over 21 years of age and a citizen of the United States.
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.[1]
C.
No license shall be issued to any applicant unless
approved by the Chief of Police and the Borough Zoning Officer.
A.
Every applicant, before being granted a license, shall pay an annual license fee as set from time to time by resolution of the Borough Council for the privilege of operating or maintaining for operation each cigarette vending machine, jukebox or mechanical amusement device as defined in § 339-1 herein.[1]
B.
Each license shall expire one year from the date of
issuance.
A.
The license or licenses herein provided for shall
be posted permanently and conspicuously at the location of the machine
in the premises wherein the device is to be operated or maintained
to be operated.
B.
Such license may be transferred from one machine or
device to another similar machine upon application to the Code Enforcement
Officer to such effect and the giving of a description and the serial
number of the new machine or device. Not more than one machine shall
be operated under one license, and the applicant or licensee shall
be required to secure a license for each and every machine displayed
or operated by him/her.[1]
C.
If the licensee shall move his place of business to another location within the Borough of Old Forge, the license may be transferred to such new location upon application to the Code Enforcement Officer giving the street and number of the new location. The new location shall be approved by the Chief of Police and the Code Enforcement Officer in the same manner as provided in § 339-5 of this chapter.[2]
D.
A license shall not be transferable from person to
person nor from place to place and shall be usable only at the place
and by the person designated in the license.
A.
No person, firm, corporation or association holding
a license under this chapter shall permit persons under 18 years of
age to play or operate any cigarette vending machine.
[Amended 5-31-1994]
B.
No person, firm, corporation or association holding a license under this chapter shall permit the playing of jukeboxes, as defined in § 339-1, between the hours of 2:00 a.m. and 7:00 a.m. of any day.
C.
No person, firm, corporation or association shall
permit the playing of jukeboxes or mechanical amusement devices within
600 feet of any church, public or parochial school or playground.
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.
