[HISTORY: Adopted by the Board of Commissioners of the Borough
of Mount Ephraim as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Bingo and raffles — See Ch.
104.
Fees — See Ch.
165, Art.
II.
Peace and good order — See Ch.
294.
[Adopted 2-7-1927 by Ord.
No. 16 (Ch. 32 of the 1973 Borough Code)]
[Amended 1-2-1973]
It shall be unlawful for any person, firm or corporation to
engage in, carry on or pursue the business of conducting or operating
within the Borough of Mount Ephraim a dance hall, poolroom, billiard
parlor or bowling alley without a license for such purpose or purposes
first had and obtained.
Before any such license shall be issued to carry on any of the
above businesses, an application for such license shall be made in
writing, signed by the owner of the property where the proposed business
is to be conducted and by the proprietor thereof, which application
shall state the character of the business to be conducted, the location
of the same within the corporate limits of the Borough, and shall
have affixed thereto the signatures of at least 10 reputable citizens
and owners of property, residing within the Borough, in the immediate
vicinity designated, certifying to the moral character of the applicant.
The Board of Commissioners shall have full authority to refuse
any such licenses so applied for whenever, in its opinion, the party
applying for the same is not of good moral character or the place
proposed to carry on the business is not a proper one, taking into
consideration the peace and good order of the neighborhood and the
availability of police supervision. No such license shall be granted
if the proposed location is within 200 feet of any church within the
Borough.
Such licenses shall not be transferable, either as to the personnel
of the license or the place of business designated, without the consent
of the Board of Commissioners.
Before any such license is issued, a copy of the application shall be posted in at least three public places within the Borough for a period of 10 days, during which time any citizen in the Borough desiring to enter a protest against the granting of such license may do so by filing with the Borough Clerk a petition in writing, setting forth the grounds of objection and containing the signatures of at least 10 legal voters within the immediate vicinity of the proposed place of business. In the event that no such protest is filed within the period above mentioned, the Board of Commissioners may grant the license applied for. In the event, however, that such a protest is filed in proper form, a public hearing shall be held by the Board on such application, of which at least 10 days' notice shall be given to all parties interested, by posting in at least three public places within the Borough a notice of the date of such hearing and by mailing a copy of such notice to the applicant and to the persons who have filed their objections. After hearing the objections for and against the granting of such license, the Board of Commissioners may either refuse or grant the license, on the grounds as set forth in §
90-3 of this article.
All licenses granted under this article shall expire January
1 of each and every year.
No application for a license will be considered unless it is accompanied by payment of the fee for the license. License fees for poolrooms, billiard parlors, bowling alleys and dance halls are set forth in Chapter
165, Article
II, Fee Schedule.
The windows of all such places shall be so constructed as to
afford a free, full and clear view from the street of the whole interior
of the room where the business is conducted, unobstructed by any screen,
nontransparent glass, shade, blind, door, shutter, merchandise or
any other article placed in any of said rooms.
None of such businesses shall be conducted or carried on between
the hours of 1:30 a.m. and 6:00 a.m. excepting Saturday nights, when
all such places shall close promptly at 12:00 midnight.
[Amended 1-2-1973]
Any person, firm or corporation who shall violate any of the provisions of this article or shall fail to take out a license as required herein shall, upon conviction, be subject to the penalty provisions contained in Chapter
305, Penalties, and the Board of Commissioners may, upon such conviction, revoke the license granted if it deems it in the public interest and for the furtherance of decency and good order to do so.
[Adopted 6-24-1982 by Ord. No. 453 (Ch. 31 of the 1973 Borough Code)]
A. The purpose of this article is to license, regulate and control those
automatic amusement devices which are operated for the purpose of
making a profit.
B. The objective of this article is to regulate the business of amusement
devices so as to prevent nuisances to patrons and the public; fire
hazards from overcrowding; poor ingress and egress of premises where
amusement devices are located; the promotion of gambling and loitering;
or the creation of an unhealthy atmosphere for the youth of the community
or other foreseeable undesirable effects of such devices.
For the purposes of this article, the following terms shall
have the meanings indicated:
COIN-OPERATED AMUSEMENT DEVICE
Any automatic, mechanical or electronic amusement device,
game or device of skill or entertainment, which is or are operated
or set in motion by the deposit therein of any coin or coins, tokens
or slugs or the like thereof, purchased for cash, and including video-type
games or machines or similar devices that use a display screen for
points, lines or dots of light that can be manipulated to simulate
games or other types of entertainment.
No person, firm or corporation shall install, place, maintain,
operate or possess in any store, place of business, building, public
place or quasi-public place wherein the public is invited or may enter,
any coin-operated amusement device within the limits of the Borough
of Mount Ephraim without first applying for and obtaining a license
therefor for each and every coin-operated amusement device to be installed.
A. All license applicants must be at least 18 years of age and shall
submit a separate application for each coin-operated amusement device
which shall be filed together with the appropriate fee therefor with
the Borough Clerk, which application shall state the following:
(1) The name, age and address of the owner and/or lessor of the coin-operated
amusement device and the name and address of the bailee or lessee
of such device.
(2) A sketch indicating the location of the premises, approximate interior
dimensions and proposed placement within the premises of said devices
that are to be installed, used or kept.
(3) The name and address of the owner of the premises.
(4) Specific description of the type of coin-operated amusement device
sought to be licensed, together with its serial number or other means
of identification. All replacement machines shall be similarly reported
to the Borough Clerk within 10 days of installation.
B. The truth of the information submitted in any application under this
section shall be sworn to, and any willful misstatement therein shall
be considered a violation of this section and shall subject the offender
to the penalties provided herein.
Upon receipt of the application set forth above, the Chief of
Police of the Borough of Mount Ephraim or his designee shall cause
such investigation to be made of the applicant's business and
moral character as he deems necessary for the protection of the public
good. His investigation may include photographing and fingerprinting
of the applicant. If as a result of such investigation the applicant's
character or business responsibility are found to be unsatisfactory
and contrary to the public welfare, the Chief of Police shall deny
the application. If as a result of such investigation the applicant's
character and business responsibility are found to be satisfactory,
the Chief of Police shall endorse his approval of the application,
thereby authorizing the Borough Clerk to issue a license for the operation
of a coin-operated amusement device by the applicant.
[Added 4-5-1984 by Ord.
No. 468]
No operator shall permit a minor of school age to operate any
devices required to be licensed under this article, or to remain in
the area where such devices are located, during the hours of 8:00
a.m. and 3:00 p.m. on days when school is in regular session, unless
accompanied by a parent or legal guardian. No operator shall permit
any minor under the age of 13 to remain in the area where such devices
are located after 6:00 p.m. No operator shall permit any minor under
the age of 18 to remain in such area after 10:00 p.m.
A. Each device shall be located at least 10 feet from the entranceway
to the premises in which located and placed so that it does not obstruct
or interfere with the free and unfettered passage of patrons or users
of the premises.
B. Each device shall have an unobstructed perimeter zone or distance
of five feet around the sides of the three linear borders of said
device wherein the users of said device may use, watch or wait to
use said device.
C. Notwithstanding the provisions of §
90-14 of this article, not more than 5% of the total area of the premises within which such devices are located may be used for the installation, keeping or operation of said devices.
D. Each device may only be used or operated during the hours of operation
of the premises in which located, and when the operator or an employee
of the operator is present in the premises.
[Amended 4-5-1984 by Ord.
No. 468]
The license fees for all coin-operated amusement devices for the first machine licensed and for each additional machine licensed thereafter which will be operated at the same location are set forth in Chapter
165, Article
II, Fee Schedule.
No license issued pursuant to this article is transferable,
and no license fee shall be refunded upon the revocation or surrender
of any license.
A. License cards issued pursuant to this article shall specify the location
of the premises of which the licensed coin-operated amusement device
is to be used or kept, a brief description of the device, the device's
number or other means of identification and the name and address of
the owner and lessee or bailee of said device.
B. All license cards issued pursuant to this article shall be posted
and at all times displayed in a conspicuous place at or near the licensed
device.
C. All licenses issued pursuant to this article shall expire on December
31 of each year. Upon the expiration of the license, the holder shall
surrender the license card forthwith to the Borough Clerk.
[Added 4-5-1984 by Ord.
No. 468]
Each operator who operates at least 10 coin-operated amusement
devices required to be licensed under this article at a single location
shall provide one off-street parking space for each such device located
in the premises.
A. Any person, firm or corporation violating any of the provisions of this article shall, upon conviction for such violation, be subject to the penalty provisions contained in Chapter
305, Penalties.
B. Each and every day in which a violation of any provision of this
article exists shall constitute a separate violation.
C. Any person, firm or corporation violating any of the provisions of this article, in addition to the penalties set forth in Subsections
A and
B above, shall be subject to the forfeiture of his mercantile license and the closure of the business subject to licensing pursuant to this article.
[Added 4-5-1984 by Ord.
No. 468]