[HISTORY: Adopted by the Board of Supervisors of the Township of Newtown 6-14-1982 as Section 1 of Ord. No. 1982-7. Amendments noted where applicable.]
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 songs, music or similar amusement.
MECHANICAL OR ELECTRONIC AMUSEMENT DEVICE
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 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 not be 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 under whatever name they may be designated or described. It shall not include devices or machines whose sole purpose is to dispense merchandise such as candy, cigarettes, etc.
OPERATOR
Any person, firm, partnership, corporation or association displaying or maintaining for use and operation any jukebox, mechanical amusement device or pool table or otherwise permitting the use or operation of such devices for a fee or charge.
PERSON
Every natural person, copartnership, association or corporation, and, whenever used in any clause prescribing and imposing a penalty, the term, as applied to a copartnership or association, means the partners or members thereof and, as applied to a corporation, the officers thereof.
PLACE OF AMUSEMENT
Any place authorized as such as a special exception by the Zoning Hearing Board.
POOL TABLE
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 or key into any slot or other opening.
No operator shall display, keep or maintain for use and operation or otherwise permit the use and operation of any jukebox, mechanical amusement device, pool table or similar machine without first having registered with and obtained a license from the Township as prescribed herein.
A. 
Any person desiring to procure a license for a mechanical or electronic device shall apply therefor, in writing, to the Township. Such application shall set forth the full name and address of the applicant and the address at which such device is to be located, together with:
(1) 
A plan of the premises showing the location or locations where the jukebox, mechanical amusement device or pool table or similar machine or device is to be displaced or maintained and indicating the same as a supervised area.
(2) 
This plan shall show all doorways, aisle widths of three feet.
(3) 
This application shall not exceed more than three devices, without a special exception by the Zoning Hearing Board.
(4) 
The type, manufacturer and serial number of each jukebox, mechanical device or pool table for which application is made.
B. 
Such information shall be furnished over the signature of the applicant and shall be made under oath or affirmation.
C. 
No license shall be granted until a period of 10 days has elapsed from the date of an application, during which time the Township may investigate the facts set forth in the application.
D. 
Upon approval of the application, the Township shall issue a license for each location where a jukebox, mechanical or electronic amusement device or pool table is to be displayed or maintained and may also issue a seal to be affixed to each jukebox, mechanical or electronic device or pool table registered and licensed under this chapter.
A. 
For general revenue purposes, the Township hereby levies and imposes an annual mechanical devices license tax, which shall be paid by the operator to the Township at the time that the application is filed. The amount of such license tax shall be:
(1) 
For each jukebox: $50.
(2) 
For each mechanical or electronic amusement device: $200.
(3) 
For each pool table: $100.
B. 
No deductions or refunds of any license tax shall be granted in case of a tax payable for less than a full calendar year or in the case of any device destroyed, stolen, sold or otherwise disposed of or transferred after payment of the tax. In the event of the transfer of the registration of any device, there shall be a transfer fee for that device, the amount of which shall be established by resolution.
C. 
In the case of the loss, defacement or destruction of any original license or seal, the person to whom such certificate or seal issued shall apply to the Township, who shall then issue a new seal or license upon payment of a fee, the amount of which shall be established by resolution.
A. 
A copy of the license shall be visibly posted upon the premises where any jukebox, mechanical or electronic device or pool table is displayed or maintained for use and operation, and the seal which shall be provided shall be affixed to the jukebox, mechanical or electronic amusement device or pool table for which issued in accordance with the directions of the Township.
B. 
Any premises upon which any jukebox, mechanical or electronic amusement device or pool table is displayed or maintained shall be open to the examination and inspection by duly authorized agents of the Township during all hours that such premises are open to use by the public.
C. 
No mechanical or electronic device or pool table shall be used for gambling or other illegal purposes.
D. 
Any premises or places of business primarily or substantially devoted to the display or maintenance of mechanical or electronic amusement devices or pool tables shall be subject to the provisions of Chapter 172, Zoning, relating to places of amusement. For the purposes of this subsection, any premises upon which are displayed or maintained more than a total of three mechanical or electronic amusement devices and/or pool tables shall be considered as being substantially devoted to the display or maintenance of mechanical or electronic amusement devices or pool tables.
E. 
No loitering shall be permitted on the premises.
F. 
Each device shall have a minimum of 15 square feet of floor area.
G. 
No device shall be placed within 10 feet of any doorway.
After the Police Department has responded to two complaints pertaining to disturbances related to the operation of such devices at any licensed premises, the Board of Supervisors shall have the right to review the complaints, and, if decided that the complaints were legitimate, they shall have the right to suspend the license and enforce the removal of all devices from the licensed premises for the remainder of that calendar year.
Licenses issued under this chapter expire on June 30 of each year. Applications for renewal, accompanied by the required annual fee, shall be submitted in the month of June and may consist of a signed verification of the original application contents so long as there have been no changes.
Licenses shall apply only to the operator and location to which issued, and any transfer shall require an amendment of the original application, approved by the Township, and payment of the fee specified in § 58-4B. A new seal may be issued for a replacement for a jukebox, mechanical or electronic device or pool table previously registered under this chapter only upon amendment of the original applications, approval by the Township and payment of the fee specified in § 58-4C.
This chapter shall take effect and be in force from and after its approval as required by law; provided, however, that any operator subject to the provisions of this chapter shall register and apply for a license as provided herein within 30 days from when this chapter takes effect, and such registration shall remain in effect until June 30, 1983, notwithstanding anything to the contrary herein provided.
[Amended 4-24-1995 by Ord. No. 1995-2]
Whoever violates any provision of this chapter shall, upon summary conviction before any Magisterial District Judge, be subject to a fine not exceeding $1,000 and costs of prosecution, and in default of fine and costs, such person may be imprisoned in the county jail for not more than 30 days. Each and every day in which any person shall be in violation of this chapter shall constitute a separate offense. It is expressly understood that the permits issued for the operation of such machines or devices shall be for amusement purposes only. Any indication of gambling, i.e., the awarding of cash or premiums, shall constitute a breach of this chapter, and the licensee shall be liable to prosecution under this chapter.