Borough of Sharon Hill, PA
Delaware County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the Borough of Sharon Hill 1-13-1982 by Ord. No. 1107 (Ch. 35 of the 1972 Code). Amendments noted where applicable.]
The short title of this chapter shall be "Amusements and Amusement Businesses."
[Amended 1-10-1991 by Ord. No. 1206]
As used in this chapter, the following terms shall have the meanings indicated:
Includes jukeboxes, mechanical or electrical amusement devices, pool tables or other similar machines or devices as defined herein.
Any music vending machine, contrivance or device which, upon insertion of a coin, slug, token, plate, disk 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 or similar amusement.
Any machine, contrivance or device which, upon the insertion of a coin, slug, token, plate, disk 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, amusement or skill, 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 the primary purpose of which is to dispense merchandise such as candy, cigarettes or other tangible personal property.
Any person, firm, partnership, corporation or association displaying or maintaining for use and operation any jukebox, mechanical or electronic amusement device or pool table or otherwise permitting the use or operation of such devices for a fee or charge. This term encompasses 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 corporations, 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 or fee, whether or not operated by insertion of a coin, slug, token, plate, disk or key into any slot, crevice or other opening.
[Amended 1-10-1991 by Ord. No. 1206]
It shall be unlawful for any operator to display or keep or maintain for use and operation or otherwise permit the use and operation of any amusement device without first obtaining a license as prescribed herein.
License fees shall be paid by the operator at the time that the application is filed. Such fees shall be as set from time to time by the Borough Council for each jukebox, pool table, mechanical or electronic amusement device per year or fraction thereof.
[Amended 4-11-1985 by Ord. No. 1146; 1-10-1991 by Ord. No. 1206; 5-24-2012 by Ord. No. 1359]
No deductions or refunds of any fee shall be granted in case of a fee payable for less than a full calendar year.
[Amended 4-11-1985 by Ord. No. 1146; 1-10-1991 by Ord. No. 1206]
All license fees shall be payable annually in advance and shall accompany the application, provided that, where application is made after the expiration of any portion of any license year, a license may be issued for the remainder thereof upon payment of a proportionate part of the annual fee.
All licenses shall expire on the 31st of December of each year.
[Amended 5-14-1987 by Ord. No. 1169]
This chapter will limit the number of amusement devices allowed in each establishment to four, provided that such use in said establishment has been approved by the Borough.
The provisions of this chapter requiring license fees shall not apply to any governmental organizations which operate a coin-operated amusement device exclusively for the use of the children of Borough residents and on premises owned or controlled by the Borough.
Each application for a license hereunder shall be filed with the Borough Manager in duplicate and shall specify:
The name, address, social security number and telephone number of the applicant and, if a firm, corporation, partnership or association, the principal officers thereof and their addresses, social security numbers and telephone numbers.
The addresses of the premises where the licensed device or devices are to be operated, together with the character of the business as carried on at such place.
The name, address and social security number of the registered agent of the applicant upon whom service or process is authorized to be made.
The name, address, social security number and telephone number of the manager of the applicant who shall be in charge of the applicant's business in the Borough of Sharon Hill.
With respect to each person whose name appears on the application:
The fact of conviction in any jurisdiction of any offense which under the laws of Pennsylvania is denominated a felony, a misdemeanor or an offense involving moral turpitude, with a full disclosure of the nature of the offense, time and place of commission, legal proceedings and penalty imposed.
Each such person shall voluntarily submit to the taking of his fingerprints so that a proper investigation will be expedited.
The trade name and general description of the device or devices to be licensed, the name of the manufacturer and the serial number of each such device.
The application shall contain a certification, under oath, made by the applicant that the information contained in the application is complete, accurate and truthful to the best of his knowledge and belief.
The name, address and telephone number of the distributor.
The Borough Manager shall promptly forward a copy of the application to the Chief of Police so that the Chief of Police and Borough Manager can investigate, review and report on same.
The purpose of this investigation shall be to establish that the applicant is capable of conducting the proposed business of distributing or operating amusement devices within the Borough in a manner consistent with the public safety, good morals and general welfare of the community and that all those persons involved in such business can reasonably be expected to operate the proposed business in accordance with law and free from gambling and other illegal or immoral conduct and unwarranted noise and commotion.
No proprietor's license shall be granted unless the licensed premises shall meet all requirements of the Fire, Housing, Building, Sanitary, Electrical, Plumbing and Zoning Codes of the Borough of Sharon Hill.
If the application is approved, the license shall be issued by the Borough Manager, and the fee shall be remitted to the Borough Manager.
If the license is denied, 75% of the fee shall be returned to the applicant, the balance going to offset the costs of the investigation. The grounds for denial shall be set forth in writing. The applicant shall be entitled to a hearing before the Borough Manager within 30 days of the denial of the license, at which time he may submit pertinent information on his behalf. The applicant shall be given 10 days' notice of the date of such hearing.
Any proprietor who owns such device or devices at the time this chapter becomes effective shall file with the Borough Manager evidence of such ownership prior to the issuance of a license.
Any proprietor purchasing a device or devices after the effective date of this chapter shall file with the Borough Manager evidence of ownership thereof before exhibiting or placing said device or devices for use or play.
In the case of proprietors, the license shall be posted in a conspicuous place in the establishment of the licensee.
In the case of distributors, the license number assigned to each device shall be permanently affixed to said device so that it can be easily ascertained.
All licenses shall be nonassignable and nontransferable.
No proprietor holding a license to operate coin-operated amusement devices shall permit a person under 16 years of age to play or operate a coin-operated amusement device unless such person is accompanied by his parent or legal guardian. This limitation shall not apply to the use of jukeboxes or to the use of mechanical carousel horses or similar amusement devices designed especially for the amusement of children.
The proprietor shall not permit any person to bet or gamble on the licensed premises.
The proprietor shall at all times maintain good order and shall not permit any disturbance, congestion or loitering upon the licensed premises.
No music machine shall be operated in a manner to be heard out-of-doors.
No licensed premises shall be without adequate sanitary facilities nor contain any fire, safety or health hazard.
Each distributor and/or proprietor shall, within five days, report, in writing, to the Borough Manager any change by addition or deletion of the information furnished on the license application during the term of any license or renewal thereof.
No distributor or proprietor shall refuse to cooperate fully with the Borough Manager and any law enforcement officer or agency.
All members of the Borough Police Department, including special officers, are authorized to enforce the provisions of this chapter.
Every license issued hereunder is subject to revocation by the Borough Manager for the violation of any of the provisions of this chapter. Any material misstated or omitted in the license application shall constitute grounds for revocation. The revocation shall occur only after a hearing.
The licensee shall be given 10 days' notice of the date of such hearing, and such notice shall state the grounds therefor. At such hearing the licensee may submit pertinent information on his own behalf.
Any person who shall be convicted of a violation of any of the provisions of this article before any Magisterial District Judge shall be sentenced to pay a maximum fine as provided from time to time by state statute, together with costs of prosecution, or to imprisonment in the county jail for a term not to exceed 30 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[Amended 7-14-1988 by Ord. No. 1180]
Upon such conviction, no licensee shall thereafter transact the business of distributing or operating coin-operated amusement devices in the Borough.