[HISTORY: Adopted by the Borough Council of the Borough of
Folcroft 12-20-1982 by Ord. No.
755 (Ch. 13, Part 2, of the 2006 Code of Ordinances).
Amendments noted where applicable.]
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:
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 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.
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.
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:
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.
A.
Any operator desiring to procure a license for any jukebox, mechanical
or electronic amusement device, pool table or other similar machine
shall apply therefor in writing to the Mayor of the Borough of Folcroft.
No license shall be granted until a period of at least two days shall
have elapsed from the date the application is received, during which
time the Mayor may, at his discretion, investigate the facts set forth
in the application.
B.
Each application for a license hereunder shall set forth the following
information. Such information shall be furnished over the signature
of the applicant and shall be made under oath or affirmation.
(1)
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.
(2)
The address 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.
(3)
The name, address, social security number and telephone number of
the operator of the premises where the licensed device or devices
are to be operated, and if a firm, corporation, partnership or association,
the principal officers thereof and their addresses, social security
numbers and telephone numbers.
(4)
A plan of the premises showing the location or locations where an
amusement device is to be displayed or maintained.
(5)
The type, manufacturer and serial number of each amusement device
for which application is being made.
C.
Upon approval of the application, the Mayor shall issue a license
for each location where a amusement device is to be displayed or maintained
and a seal to be affixed to each amusement device registered and licensed
under this chapter.
[Amended 12-10-1990 by Ord. No. 835]
A.
Issuance of a license shall authorize the installation or location
and use, upon the premises specified therein, of the number of amusement
devices for which the aforesaid license fee shall have been paid,
but nothing herein shall prohibit the change or exchange of aforesaid
amusement devices, so long as the total number of each device installed
or located in and about such premises shall not at any time exceed
the number set forth in the original application.
(1)
No amusement device, whether operable or inoperable, shall be upon
the premises unless the aforesaid license fee shall have been paid.
B.
No amusement device shall be operated in a manner as to be heard
out of doors.
C.
No amusement device, with the exception of a jukebox, shall be located
within 10 feet of any doorway.
D.
A copy of the license must be visibly posted upon the premises where
any amusement device is displayed or maintained for use and operation,
and the seal which will be provided shall be affixed to the amusement
device for which issued.
(1)
In the case of the loss, defacement or destruction of any original
license or seal, the person to whom license or seal was issued shall
apply in writing to the Mayor, who will then issue a new seal or license.
E.
Any premises upon which any amusement device is displayed or maintained
shall be open to examination and inspection by the Mayor and Borough
of Folcroft police officers during all hours that such premises are
open to use by the public.
[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[1] as well as the rules and regulations as set forth in this
chapter.
[1]
Editor's Note: Said Ord. No. 754 was superseded by Ord. No.
755, which comprises 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.
