[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.
Curfew — See Ch. 140.
Fees — See Ch. 165, Art. II.
Peace and good order — See Ch. 294.
Zoning — See Ch. 525.
[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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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[1]]
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[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[1]]
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.
[1]
Editor's Note: This ordinance also repealed original § 31-6 of the 1973 Borough Code, Number of licenses limited.
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[1]]
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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]