[Adopted 6-8-1982 by Ord.
No. 607 (Ch. 13, Part 1, of the 1990 Borough Code
of Ordinances)]
As used in this article, the following terms shall have the
meanings indicated:
COIN-OPERATED AMUSEMENT DEVICE
Any amusement machine or device operated by means of the
insertion of a coin, token, slug, or similar object which operates
or may be operated as a game or contest of skill or amusement of any
kind or description for the playing of which a fee is charged. A "coin-operated
amusement device" is hereby further defined as any machine, apparatus,
or contrivance which is used, or which may be used, as a game of skill
and amusement wherein or whereby the player initiates, employs or
directs any force generated by the machine. The term "coin-operated
amusement device" is also hereby defined to be and shall include each
machine for the reproduction of music or vending recorded music or
a period of radio or television entertainment in return for the insertion
or deposit therein of a coin, or of tokens or slugs; provided, however,
that this does not include coin-operated radios or television sets
in private quarters.
PERSON
Any natural person, partnership, firm or corporation. The
singular shall include the plural and the masculine shall include
the feminine and the neuter.
POOL ROOM, BILLIARD ROOM, GAME ROOM OR ARCADE
Any pool room, billiard room, game room or arcade, to which
the public is admitted either free of charge or upon payment of a
fee. The term "game room or arcade" shall also apply to any establishment
or place of business open to the public, either free of charge or
upon payment of a fee, wherein there are three or more coin-operated
amusement devices.
[Amended 10-30-1990 by Ord. No. 715]
A. Pool table or billiard table.
(1) No person, firm or corporation shall operate, maintain or conduct
any pool table or billiard table, without having first obtained a
permit from the Borough Secretary or other Borough official. Applications
shall be made to the Borough Secretary. Applications for such permits
shall be in writing and state thereon the location and number of pool
tables and billiard tables.
(2) The fee for such permit is fixed at the rate as established from
time to time by the Borough Council. The permit fee shall be payable
in advance. The fee shall be paid to the Borough Secretary or Treasurer,
and shall be for the use of the Borough.
B. Coin-operated amusement devices.
(1) Reproduction of music or vending recorded music, radio or television
entertainment. No person, firm or corporation shall operate, maintain
or conduct any establishment which permits the reproduction of music
or vending recorded music, radio or television entertainment without
having first obtained a permit from the Borough Secretary or other
Borough official. Applications shall be made to the Borough Secretary.
Applications for such permits shall be in writing and shall state
thereon the intended location of the place of business and the number
of coin-operated amusement devices for the reproduction of music or
vending recorded music, radio or television entertainment. The fee
for such permit is fixed at the rate as established from time to time
by the Borough Council. The permit fee shall be payable in advance.
The fee shall be paid to the Borough Secretary or Treasurer, and shall
be for the use of the Borough.
(2) Amusement machines or devices. No person, firm or corporation shall
operate, maintain or conduct any place of business or establishment
or premises upon which is maintained any coin-operated amusement device
by way of amusement machine or device without having first obtained
a permit from the Borough Secretary or other Borough official. Applications
shall be made to the Borough Secretary. Application for such permits
shall be in writing and shall state thereon the intended location
of the establishment place of business or premises and the number
of coin-operated amusement devices to be located therein. The fee
for such permit is fixed at the rate as established from time to time
by the Borough Council. The permit fee shall be payable in advance.
The fee shall be paid to the Borough Secretary or Treasurer and shall
be for the use of the Borough.
C. Since the prior ordinance provided for a license fee on a fiscal
year basis ending August 31 of each year, the permit fee provisions
hereof shall be prorated in each calendar year, for the four months
commencing September 1.
Upon payment of the permit fee set forth in §
129-2 hereof, the Borough Secretary shall issue a permit for the calendar year for which issued. The permit shall state the number of coin-operated amusement devices for which the permit is issued and the total fee paid, which permit shall be prominently displayed in the place of business of establishment receiving the permit.
Minors under the age of 18 years shall under no circumstances
frequent, loiter, go or remain in any pool room, billiard room, game
room or arcade, except with the knowledge and consent of the parent
or guardian of such child; and it shall be unlawful for the operator
or proprietor of any pool room, billiard room, game room, or arcade
to allow or permit any such minor to frequent, loiter or remain within
such place of business in violation of the provisions of this section.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No person who shall conduct or operate any pool room, billiard
room, game room or arcade shall allow such pool hall, billiard room,
game room or arcade to remain open or any game to be played therein,
at any time between the hours of 11:00 p.m. and 7:00 a.m. of the following
day (daylight saving time when in effect); provided, however, that
places of business or establishments which are licensed by the Pennsylvania
Liquor Control Board shall be allowed to conduct or operate any pool
room, billiard room, game room or arcade or coin-operated amusement
devices located thereon for the hours of operation permitted by the
Pennsylvania Liquor Control Board.
Every pool room, billiard room, game room and arcade shall be
conducted in an orderly manner, and no person conducting or operating
such place, shall permit therein any loitering, disorderly conduct,
gambling, drunkenness, or playing of games for money or any other
thing of value.
[Amended 6-28-1988 by Ord. No. 694; 10-30-1990 by Ord. No. 715; at time of adoption of
Code (see Ch. 1, General Provisions, Art. I)]
Any person who shall conduct or operate any pool room, billiard
room, game room or arcade and who shall violate or permit any violation
of any of the provisions of this article shall, upon being found liable
therefor, pay a fine of not more than $600, plus court costs and reasonable
attorneys' fees incurred by the Borough in the enforcement proceedings.
If the penalty is not paid, the Borough shall initiate a civil action
for collection in accordance with the Pennsylvania Rules of Civil
Procedure. Each day a violation exists shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this article in equity
in the Court of Common Pleas of Montgomery County.
In addition to the provisions set forth herein, the Mayor shall
have the right to revoke any license issued hereunder for the violation
of any of the provisions of this article.