[HISTORY: Adopted by the City Council of the City of Shamokin 9-19-1950 by Ord. No. 26 (Ch. 71 of the 1967 Code). Amendments noted where applicable.]
No person, firm, partnership, corporation or the agent or agents
of any person, firm, partnership or corporation shall at any time
have in its possession within the City of Shamokin any music boxes,
jukeboxes, phonographs or other similar devices, where any of the
above-enumerated devices or machines are operated through the insertion
therein of a coin or metal or plastic disk or otherwise, without first
having procured a license therefor as hereinafter provided.
No person, firm, partnership, corporation or the agent or agents
of any person, firm, partnership or corporation shall at any time
have in its possession within the City of Shamokin any vending machines
of whatsoever nature, where any of the above-enumerated devices or
machines are operated through the insertion therein of a coin or metal
or plastic disk or otherwise, without first having procured a license
therefor as hereinafter provided.
Any person, partnership, firm or corporation or their agents
using or operating or causing to be used or operated any of the devices,
boxes or machines enumerated herein upon any premises in which they
may now or shall occupy, rent, own or be employed in shall make application
for license or licenses to the City Clerk on forms provided by the
City, which application shall set forth the name, residence, present
and previous occupation of the applicant, and the place or places
where any devices enumerated herein are to be operated; and the said
application, before final approval, shall be referred to the Chief
of Police, who shall investigate and approve the same before the issuance
of any licenses by the City Clerk; and in the event that after issuing
a license for any such machine said machine shall be replaced or removed
to other premises or there shall be a substitution of another machine
during the period of the license, the licensee shall be permitted
to transfer the license to the substituted machine or to another premises;
provided, however, that he obtain permission and pay a fee of $1 for
the said transfer or substitution.
[Amended 7-7-1955 by Ord.
No. 74; 11-29-1967 by Ord. No. 166]
The license fee for any music box, jukebox, phonograph or similar
musical devices for entertainment shall be the sum of $25 per annum
for each and every such machine operated, installed, maintained or
in the possession of any person, partnership, firm or corporation
or their agents or employees, where such machines are installed, maintained
or operated separate and apart from or in connection with any business
of any type, and shall be paid by the owner or distributor of same.
The license fee for any vending machines of whatsoever nature
shall be the sum of $25 per annum for each and every such machine
operated, installed, maintained or in the possession of any person,
partnership, firm or corporation or their agents or employees, where
such machines are installed, maintained or operated separate and apart
from or in connection with any business of any type.
The license year shall be from January to January of each year,
and in the event that any of the said machines are installed within
the first six months of the year, the full license fee shall be due
and payable, and in the event that any of the said machines are installed
after the 30th day of June in any year, then the license fee for the
balance of that year shall be 1/2 of the license fee hereinabove set
forth, and, upon payment of the license fee herein provided, the licensee
shall receive a certificate setting forth the number for each machine,
which certificate shall be at all times during the then current year
attached to the machine or device or displayed in a conspicuous place
on the premises.
Nothing in this chapter shall be construed in any way to permit
licensing of gambling devices nor the use of any of the devices so
licensed for gambling purposes, and, in the event that any of the
said devices are found to be used for the purpose of gambling, the
license shall be revoked and the licensee shall be subject to the
penalty of any Acts now in existence or which may be hereinafter passed.
[Amended 7-7-1955 by Ord.
No. 74]
The Chief of Police and the Police Department shall have the
duty of regulating and supervising the operation of any such devices
and to regularly inspect the premises where any machines or devices
as mentioned herein are installed, maintained, used or operated to
determine whether or not the installation, maintenance, use or operation
thereof amounts to a public nuisance, and if any such machines or
devices constitute a nuisance or are installed, maintained, used or
operated in a violation of the acts of the commonwealth and the ordinances
of the City of Shamokin, then the license as to all machines and devices
operated by the licensee shall be revoked, and there shall be no rebate
of the license fee theretofore paid.
[Amended 6-11-1990]
Any person, firm or corporation who shall violate or fail to
comply with any of the provisions of this chapter shall, upon conviction
thereof before any Magisterial District Judge, be sentenced to pay
a fine of not less than $100 and not more than $300 and costs of prosecution
and/or suffer imprisonment for up to 180 days, or both. The continuation
of such violation for each successive day shall constitute a new and
separate offense, and the person or persons allowing the continuation
of the violation may be punished as provided above for each separate
offense.
The provisions of this chapter are severable, and if any provision
thereof is held to be unconstitutional or invalid, the decision so
holding shall not be construed as affecting or impairing any other
provision of this chapter or the chapter as a whole. It is hereby
declared as the legislative intent that this chapter would have been
adopted had such unconstitutional or invalid provision not been included
therein.
No person, firm, partnership, corporation or the agent or agents
of any person, firm, partnership or corporation shall at any time
have in its possession or operate any music boxes, jukeboxes, phonographs
or other similar devices or vending machines of whatsoever nature
in the City of Shamokin, Pennsylvania, from and after October 1, 1950,
unless and until a license is procured for the same in compliance
with this chapter.
This chapter shall become effective on the first day of October
1950.
Any ordinances or parts thereof which may conflict with the
provisions of this chapter are hereby repealed.
