This chapter shall be known as the "Borough of Folcroft Amusement
Device Ordinance."
As used in this chapter, the following terms shall have the
meanings indicated:
AMUSEMENT DEVICES
Includes jukeboxes, mechanical or electrical amusement devices,
pool tables or other similar machines or devices as defined herein.
JUKEBOX
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.
MECHANICAL OR ELECTRONIC AMUSEMENT DEVICE
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 or amusement, 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.
OPERATOR
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.
POOL TABLE
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.
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.
[Added 12-10-1990 by Ord.
No. 835]
A. In addition to the yearly license fee, the applicant shall deposit
into an interest-bearing escrow account a one-time $2,000 per machine,
pursuant to the terms herein set forth. In the event the number of
video poker machines in the establishment increases, the tavern owner
will deposit an additional $2,000 per machine. In the event the number
of video poker machines in the establishment decreases, the tavern
owner will be entitled to a refund of $2,000 per machine.
B. The $2,000 per-machine deposit will be deposited into an escrow account
at a local bank under the social security number of the tavern owner.
Interest on the escrow account will be paid to the tavern owner upon
terms and conditions established by the bank. The escrow account will
be established so that upon default or breach of one of these regulations,
the amount in the escrow account will be paid directly to the Borough
of Folcroft.
C. The tavern owner will have all video poker machines currently located
in his, her or its establishment inspected by a qualified electronics
expert selected by the Borough. Said expert is to be familiar with
the guidelines established by the Supreme Court of Pennsylvania in
the combined cases as set forth in Commonwealth of Pennsylvania v.
Two Electronic Poker Game Machines, 465 A.2d 973 (Pa. 1983) regarding
"per se gambling devices." The expert will provide written certification
that a video poker machine which is being considered for a license
shall comply with the above-stated Pennsylvania Supreme Court decision
and is not a gambling device per se. Any new or additional video poker
machine which the tavern owner intends to use shall also comply with
the above-stated inspection procedures.
D. The Borough Council shall also have the right to have the video poker
machines inspected by a qualified electronics expert from time to
time as it deems necessary; however, said machines shall not be inspected
more than twice in any calendar year.
E. The cost of all inspections shall be paid by the tavern owner.
F. The tavern owner shall forfeit to the Borough of Folcroft its entire
escrow deposit for all video poker machines in the tavern as well
as its licensing fee and shall be prohibited forever (unless otherwise
agreed by a majority vote of Council) from obtaining a license for
a video poker machine if the tavern owner is found to be in possession
of a video poker machine which is a per se gambling device as defined
in Commonwealth of Pennsylvania v. Two Electronic Poker Games Machine,
supra.
G. Suspension of license.
(1) If the tavern owner is charged with a criminal offense for gambling
arising out of the use of a video poker machine, its license and right
to operate any video poker machines shall be suspended pending the
final disposition of those criminal charges.
(2) If the tavern owner is convicted of, pleads guilty to, or is placed
in an ARD program for a criminal offense for gambling arising out
of the use of a video poker machine, he shall forfeit to the Borough
of Folcroft the entire escrow deposit for all video poker machines
in the tavern as well as the licensing fee and shall be prohibited
forever (unless otherwise agreed by a majority vote of Council) from
obtaining a license for any video poker machine.
(3) The suspension of the tavern owner's license shall be lifted
and no penalty or forfeiture imposed if the criminal charges for gambling
as it relates to a video poker machine are disposed of in the following
manner:
(a)
Discharge at a preliminary hearing.
(b)
Acquittal at trial on those charges.
(c)
Entry of a nolle prosequi on those charges.
(d)
Failure of the commonwealth to proceed with the case due to
lack of sufficient evidence.
H. As applied to the tavern involved, in the event of a forfeiture under
the terms of these regulations, the forfeiture shall apply to not
only the tavern owner but, if there is a transfer or assignment of
the tavern, the forfeiture shall apply:
(1) If a tavern owner is an individual or individuals, to any relative
of the tavern owner or any partnership or corporation wherein the
tavern owner or a relative of the tavern owner has an ownership interest.
(2) If the tavern owner is a corporation or partnership to any individual
with an ownership interest in the corporation or partnership or any
relative of such an individual. In the event of a bona fide transfer
of the tavern to a person, corporation or partnership other than as
set forth above, the forfeiture shall not apply to the new owner.
[Amended 12-10-1990 by Ord. No. 835]
A. License fees shall be paid by the operator to the Mayor at the time
that application is filed. Such fees shall be established from time
to time by resolution.
B. No deductions or refunds of any fee shall be granted in case of a
fee payable for less than a full calendar year.
[Amended 3-14-1983 by Ord. No. 763]
Jukeboxes are not included in the four or less amusement devices
upon or in any premises or business which are hereby deemed to be
an accessory use and permitted as an accessory use in a business establishment
permitted in a business district. Four amusement devices and a jukebox
are allowed as an accessory use in any premises or business. Any premises
or business upon which are displayed or maintained more than four
amusement devices is hereby deemed to be places of amusement or arcades
under Borough of Folcroft Ordinance
No. 754 and subject to all rules and regulations as set forth therein as well as the rules and regulations as set forth in this
chapter.
Licenses issued under this chapter shall expire on December
31 of each year. Applications for renewal, accompanied by the required
annual fee, shall be submitted in the month of December.
The Mayor and all members of the Borough Police Department are
authorized to enforce the provisions of this chapter.
The Mayor may revoke any license hereunder granted when he deems
such revocation to be necessary for the benefit or protection of the
public health, safety or welfare.
Charitable organizations with a principal office in the Borough
of Folcroft are exempt from provisions and fees of this chapter. Examples
of said charitable organizations are the Folcroft Fire Co. No. 1,
Sharon Hill Memorial Post 193, the American Legion, the Boys'
Club and the Girls' Club of Folcroft.
[Amended 12-10-1990 by Ord. No. 835; 11-21-2006 by Ord. No. 990]
Any person, firm or corporation who shall violate any provision
of this chapter, upon conviction thereof, shall be sentenced to pay
a fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this chapter continues shall constitute
a separate offense.