[HISTORY: Adopted by the Borough Council of the Borough of
Collingdale 3-3-1982 by Ord. No. 528 (Ch. 13, Part 7, of the 1987 Code
of Ordinances). Amendments noted where applicable.]
As used in this chapter, the following terms shall be defined
as follows:
In and for the Borough of Collingdale, as appointed by the
Borough Council.
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.
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 copartnership 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 Building Inspector as prescribed in this
chapter.
A.
Every operator desiring to register and obtain a license and/or licenses
as required herein shall apply to the Building Inspector or such other
person as shall be designated by Council at its sole discretion. Application
forms may be secured from the Borough Hall, Collingdale, 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 Collingdale.
(3)
Each device, excluding pool tables and shuffleboard tables (not mechanical),
shall be provided with a minimum of 10 feet of clearance (open space)
on both sides and 10 feet of front clearance (open space) in front
where the patrons are to be situated.
(4)
No machine and/or games and/or amusements or devices, either separately
or in combination with other such devices in any such establishment,
shall exceed the established ANSI and/or United States Standard noise
levels.
(5)
The type, manufacturer and serial number of each mechanical amusement
device or pool table for which application is being sought.
(6)
Such other information as the Building Inspector may deem necessary
for the administration and enforcement of this chapter.
B.
Upon approval of the application, the Building Inspector shall issue
a license for operation 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 that specified
in the license.
[Amended 10-5-1987 by Ord. No. 568]
A.
A registration and license fee shall be paid by the operator to the
Building Inspector at the time that application is filed. Such fees
shall be as established from time to time by resolution of Borough
Council.
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 Building Inspector, 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.
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 Building Inspector.
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 Building Inspector
and/or the Borough of Collingdale 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 610, Zoning, relating to places of amusement. For purposes of this chapter, any premises upon which are displayed or maintained more than five 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 Collingdale 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 six
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, approval by the Building Inspector, and payment of the fee specified in § 116-4 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, approval by the Building Inspector, and payment of the fee specified in § 116-4 above.
[Amended 10-5-1987 by Ord. No. 568]
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 $300 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.
