[Adopted by the Borough Council of the Borough of Plymouth
as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-2-1957]
As used in this article, the following terms shall have the
meanings indicated:
- MECHANICAL AMUSEMENT DEVICE
- Any machine which, upon the insertion of a coin, may be operated by the public generally for use as a game or amusement, and shall include pinball machines and all games or operations similar thereto.
- PERSON
- Any person, firm, corporation or association.
No person shall permit any person under 18 years of age to play or operate any mechanical amusement device as defined in § 81-1 of this article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person found guilty of a violation of this article shall,
upon summary conviction by any Magisterial District Judge, be sentenced
to pay a fine of not more than $600 and costs and, in default of payment
of said fine and costs, shall be imprisoned in the county jail for
a period not exceeding 30 days. In addition thereto, the license of
said person shall be revoked.
The Council finds this article necessary for the preservation
of public health and safety.
[Adopted 7-10-1990 by Ord. No. 4-1990]
From and after the passage and approval of this article, every
person, persons, partnership, association and/or corporation, for
the privilege of keeping or operating any basketball game, bowling
machine, coin-operated pool table, computer game, electronic game,
jukebox, pinball machine, plush animal or prize machine, shuffleboard
or video game or any game, machine, device or table of a like or similar
nature which is held out to the public in any business establishment
or in any public place in the Borough of Plymouth, Luzerne County,
Pennsylvania, shall and must first obtain a license from the Plymouth
Borough Secretary for each such basketball game, bowling machine,
coin-operated pool table, computer game, electronic game, jukebox,
pinball machine, plush animal or prize machine, shuffleboard, video
game or any game, machine, device or table of a like or similar nature
and shall and must make payment for the same as hereinafter specified.
A.
The following words shall have the definitions as the same are set
forth in this section:
- BASKETBALL GAME
- An amusement device operated through the usage of a basketball and net wherein the player(s) attempt to score points or obtain prizes through the successful playing of the game and where, for the privilege of operating or playing the same, a sum of money is exacted, whether directly through the device itself or through the person or persons in control or custody of such device.
- BOWLING MACHINE
- An amusement device, whether manual, electronic or computerized, operated through the usage of pin-like and striking objects wherein the player(s) attempt to score points or obtain prizes through the successful playing of the game and where, for the privilege of operating or playing the same, a sum of money is exacted, whether directly through the device itself or through the person or persons in control or custody of such device.
- COIN-OPERATED POOL TABLE
- A table for the playing of pool, billiards, snooker and/or similar games where, for the privilege of such playing, the participant(s) are required to pay a sum of money through a slot attached to the table in order to receive control of the balls necessary to the playing of the game. This term shall also be deemed to include a table for the playing of such games where the balls or other instruments necessary to such play are held separate and apart from the table and will be provided to the player(s) only after payment of a sum of money to the person or persons in control or custody of such balls or other instruments necessary to such play.
- COMPUTER GAME
- An amusement device operated through the use of microchip or computer technology, whether or not including a visual display as a part thereof, wherein the player(s) attempt to score points or obtain prizes through the successful playing of the game and where, for the privilege of operating or playing the same, a sum of money is exacted, whether directly through the device itself or through the person or persons in control or custody of such device.
- ELECTRONIC GAME
- An amusement device operated through the use of electrical power, whether or not including a visual display as a part thereof, wherein the player(s) attempt to score points or obtain prizes through the successful playing of the game and where, for the privilege of operating or playing the same, a sum of money is exacted, whether directly through the device itself or through the person or persons in control or custody of such device.
- JUKEBOX
- An electrical, mechanical or computerized music device for the playing of music where, for the privilege of operating or playing the same, a sum of money is exacted, whether directly through the device itself or through the person or persons in control or custody of such device. This term shall also be deemed to include such devices where the same are operated or played by or in a business place or public place, by the public or by the owner, operator or person in control or custody of such business place or public place, for the amusement or entertainment of the patrons or public therein.
- PINBALL MACHINE
- An electrical, mechanical or computerized amusement device which is not per se a gambling device, wherein the player(s) attempt to score points or obtain prizes through the successful playing of the machine and where, for the privilege of operating or playing the same, a sum of money is exacted, whether directly through the device itself or through the person or persons in control or custody of such device. This term shall include those devices operated or played for recreation or amusement purposes only and not for the giving or awarding of prizes, rewards or money.
- PLUSH ANIMAL OR PRIZE MACHINE
- An amusement device wherein the player(s) attempt to obtain plush animals or other prizes by means of their retrieval from a collection of such animals or prizes through the use of a retrieving device controlled by the player(s) and where, for the privilege of operating or playing the same, a sum of money is exacted, whether directly through the device itself or through the person or persons in control or custody of such device.
- SHUFFLEBOARD
- An amusement device on which weights are pushed or shuffled for the amusement of the participant(s) in said activity or for the amusement of the public and for which, for the privilege of participating in such activity, a sum of money is exacted, whether directly through the device itself or through the person or persons in control or custody of such device.
- VIDEO GAME
- An amusement device operated through the use of mechanical power, electrical power, microchip or computer technology and having a visual display as a part thereof, wherein the player(s) attempt to score points or obtain prizes through the successful playing of the game and where, for the privilege of operating or playing the same, a sum of money is exacted, whether directly through the device itself or through the person or persons in control or custody of such device.
B.
Interpretation. The definitions as hereinbefore stated shall be construed
and interpreted so as to include the operating or playing of any such
game, machine, table, box, device or devices or any game, machine,
table, box, device or devices of a like or similar nature to those
specifically defined, regardless of whether payment is made directly
through the device itself, through the person or persons in control
or custody of the device itself or through means of tokens or similar
substitutes for money, cover charges, passes, tickets or any other
method, it being the desire of the Plymouth Borough Council, insofar
as possible, to limit avoidance of the plain intent of the requirements
of this article by means of subterfuge, imagination or creativeness
with regard to the time, method or means of exacting payment for such
operating or playing.
The amount to be paid for a license to keep or operate a basketball
game, bowling machine, coin-operated pool table, computer game, electronic
game, pinball machine, plush animal or prize machine, shuffleboard
and/or video game or any game, machine, table or device of a like
or similar nature shall be, for each such table, game, machine or
board, the sum of $100 per year from January 1 of each year or for
any fractional part thereof.
[Amended 3-10-1992 by Ord. No. 7-1992]
The amount to be paid for a license to keep or operate a jukebox
shall be, for each such jukebox, the sum of $25 per year from January
1 of each year or for any fractional part thereof.
The license required for each such basketball game, bowling
machine, coin-operated pool table, computer game, electronic game,
jukebox, pinball machine, plush animal or prize machine, shuffle-board
and video game and any other game, device, machine, table, board or
box of a like or similar nature shall be obtained from the Plymouth
Borough Secretary at the office of said Secretary at 162 West Shawnee
Avenue, Plymouth Borough, upon payment of the license fee herein specified.
The license shall be securely attached to the licensed game, machine,
table, box and/or board in such a manner as the Borough Secretary
may designate.
A.
No license shall be transferred from one licensed game, machine,
table, box and/or board to another or from one location to another.
B.
Each and every person, persons, partnership, association and/or corporation
required by the terms of this article to obtain any license shall
notify the Plymouth Borough Secretary of the placing in service or
use of any such game, machine, table, box or board and any game, machine,
table, box, board or device of a like or similar nature and shall
obtain the required license and pay the prescribed fee for the same
within 72 hours of such placing in service or use.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person, persons, partnership, association and/or corporation
violating any of the provisions of this article shall be guilty of
a summary offense and shall, upon conviction thereof before a Magisterial
District Judge, be sentenced to pay a fine not exceeding $600, plus
costs of prosecution, and, in default of payment of such fine and
costs, shall undergo imprisonment for a period not in excess of 30
days. Failure to obtain a license as hereinabove specified shall constitute
a separate offense for each and every game, machine, table, box and/or
board required to be licensed.
