[HISTORY: Adopted by the Borough Council of the Borough of
Trainer 3-24-1982 by Ord. No. 509 (Ch. 13, Part 3, of the 1985 Code
of Ordinances). Amendments noted where applicable.]
As used in this chapter, the following terms shall be defined
as follows:
Any machine, contrivance and/or device which vends music
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 music and/or similar
entertainment.
In and for the Borough of Trainer, as elected or appointed
by the Borough of Trainer.
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 a specific sum may be operated
or used as a game, entertainment and/or amusement and/or instructional
device, 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 which dispense merchandise such as candy, cigarettes,
maps, or common household and/or business items, and/or jukeboxes.
Any person, firm, partnership, corporation or association
displaying or maintaining for use and/or operation any mechanical
amusement device or pool table or otherwise permitting the use or
operation of such devices for a fee or charge.
Every natural person, copartnership, association or corporation,
and whenever used in any clause prescribing or imposing a penalty,
the term, as applied to copartnerships or associations, shall mean
the partners or members thereof and, as applied to a corporation,
the officers thereof.
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.
Hereafter it shall be unlawful for any operator to display or
keep or maintain for use and/or operation or otherwise permit the
use and/or operation of any mechanical amusement device, pool table,
or other similar machine without first having registered with and
obtained a license from the Mayor as prescribed herein.
A.
Every operator desiring to register with and obtain a license and/or
licenses as required herein shall apply to the Mayor or such other
person as shall be designated by Council at its sole discretion. Application
forms may be secured from the Borough Hall at 9th and Main Streets,
Trainer, Delaware County, Pennsylvania, and shall set forth the following
information:
(1)
The name and address of the operator.
(2)
A plan of the premises showing the location or locations where the
mechanical amusement device or pool table or similar machine or device
is to be displayed or maintained, as well as the location or locations
of the supervision of the establishment which shall be provided. No
device may be located within 10 feet of any doorway. Any such plan
shall comply with any applicable building codes and fire codes and
other applicable ordinances of the Borough of Trainer.[1]
(3)
Each device, excluding pool tables and shuffleboard tables (not mechanical),
shall be provided with a minimum of 10 feet clearance (open space)
on both sides and 10 feet front clearance (open space) in front where
the patrons are to be situated.
(4)
No machine and/or game and/or amusements or devices, either separately
or in combination with other such devices in any such establishment
shall exceed the accepted ANSI and/or United States Standards for
noise levels.
(5)
The type, manufacturer and serial number of each mechanical amusement
device or pool table for which application is being made.
(6)
Such other information as the Mayor may deem necessary for the proper
administration and enforcement of this chapter.
B.
Upon approval of the application, the Mayor shall issue a license
for each location where a mechanical or electronic amusement device
or pool table is to be displayed or maintained. Said license shall
specify the number of electronic or mechanical devices and/or pool
tables which are to be maintained and/or displayed and/or operated
at the building establishment and/or place of business for which application
for the license is made. It shall be unlawful for any person and/or
operator to maintain and/or operate and/or display mechanical and/or
electronic amusement devices in a number more than specified in the
license.
A registration and license fee shall be paid by the operator
to the Mayor at the time application is filed. Such fees shall be
as follows:
A.
One hundred dollars per year for the first mechanical or electronic
amusement or pool table and $200 per year for each mechanical or electronic
amusement or pool table thereafter up to a maximum of four mechanical
or electronic amusement or pool tables.
B.
No deductions or refunds of any fee shall be granted in case of a
fee 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 fee, except that a licensee who has a license
for a specific number of machines may interchange machines, provided
that he does not, at any one time, exceed the total number of machines
(including electronic and/or mechanical amusement devices and/or pool
tables) specified in his license.
C.
In the case of the loss, defacement or destruction of any original
license, the person to whom such certificate was issued shall apply
to the Mayor, who will then issue a license upon payment of a fee
of $5, provided proof of the loss, defacement or destruction of any
original license is provided.
Nonprofit associations in the Borough of Trainer, where access
to the premises is restricted to members only, are exempt from the
provisions of this chapter.
A.
A copy of the license must be visibly posted upon the premises where
any mechanical or electronic device or pool table is displayed or
maintained for use and operation in accordance with the directions
of the Mayor.
B.
Any premises upon which any mechanical or electronic amusement device
or pool table is displayed or maintained shall be open to examination
and inspection by duly authorized agents of the Mayor and/or the Borough
of Trainer police during all hours that such premises are open to
use by the public.
C.
No mechanical or electronic amusement 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 265, Zoning, relating to places of amusement. For purposes of this chapter, any premises upon which are displayed or maintained more than four mechanical or electronic amusement devices and/or pool tables, or any combination thereof, shall be considered as being substantially devoted to the display or maintenance of mechanical or electronic amusement devices or pool tables.
E.
Any operator granted a license shall not permit the operation of
any device by a person under the age of 18 years of age during the
regular class hours of any day in which school is in session, nor
after the hour of 8:00 p.m. from Sunday through Thursday, or after
the hour of 9:00 p.m. on Friday and Saturday.
F.
After the Borough of Trainer Police Department has responded to the
sixth complaint pertaining to disturbances and/or unreasonable noise
and/or gatherings related
to the operation of such devices at any licensed premises, the Borough
Council will have the right to review the complaints, and if it is
decided the complaints were legitimate, it will have the right to
suspend the licenses issued to the operator and enforce the removal
of all devices from the licensed premises for the remainder of that
calendar year. There shall be no remission of any fees paid under
these circumstances.
G.
In no event shall any operator allow and/or operate and/or maintain
and/or install more than four mechanical and/or electronic devices
at any one business establishment.
Licenses issued under this chapter expire on December 31 of
each year. Applications for renewal, accompanied by the required annual
fee, shall be submitted in the month of December 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 amendment of the original application, approved by the Mayor, and payment of the fee specified in § 67-4 above. A new seal may be issued for a replacement for a mechanical or electronic amusement device or pool table previously registered under this chapter only upon amendment of the original application, approved by the Mayor, and payment of the fee specified in § 67-4 above.
[Amended 11-14-1985 by Ord. No. 549; 8-11-2005 by Ord. No. 670]
Any person, firm or corporation who shall violate any provision
of this chapter shall, upon conviction thereof, be sentenced to pay
a fine of not more than $600 and/or to imprisonment for a term not
to exceed 90 days. Every day that a violation of this chapter continues
shall constitute a separate offense.
