[HISTORY: Adopted by the Board of Commissioners of the Township of
Cheltenham: Art. I, 12-29-1977 by Ord. No. 1431
as Ch. 3, Art. IV of the Cheltenham Code; Art. II, 8-17-1982
as Ord. No. 1545. Amendments noted where applicable.]
[Adopted 12-29-1977 by Ord. No. 1431
as Ch. 3, Art. IV of the Cheltenham Code]
A.
In order to regulate and to provide the necessary police
protection required, it shall be unlawful for anyone, within the Township
of Cheltenham, to exhibit or show any circus or carnival or to hold any picnics
or outing without first obtaining a license therefor and making payment of
the license fee.
It shall be unlawful to exhibit or show any circus or carnival upon any property situate in the Township of Cheltenham which is being used, or can be used, for commercial purposes or which has, under Chapter 260, Subdivision and Land Development, been approved as a commercial development.
Nothing herein contained shall apply to any exhibition or bazaar, the
proceeds of which are devoted to any local charitable purpose.
Such license shall be exercised in accordance with such rules and regulations
as shall from time to time be made by the Public Safety Committee of the township.
Any person or legal entity violating the provisions of this Article
shall, upon summary conviction before a District Justice, pay a fine of not
more than six hundred dollars ($600.), together with costs of suit, collectible
in the manner provided by law. Each violation after notice of an offense or
service of a summons shall constitute a distinct and separate offense.
[Adopted 8-17-1982 as Ord. No. 1545]
The provisions of this Article are designed to promote and protect the
health, safety and general welfare of the residents of the Township of Cheltenham
by regulating the installation and operation of amusement devices in the township.
Unless otherwise expressly stated, for the purpose of this Article,
the following words shall have the meanings indicated:
Any automatic, mechanical, electric or electronic device, machine
or apparatus for the playing of games, amusement or entertainment, whether
operated manually or by coins, tokens, slugs, remote control or by payment
of money to have the device activated, or by pins, pegs, ball, electronic
batteries or other electric current. The term "amusement device" shall not
apply to any machine or device, the sole purpose of which is to reproduce
music, nor shall it apply to any machine or device which dispenses tangible
personal property, and it shall not include the following:
For the privilege of doing business in the Township of Cheltenham, every
proprietor who uses or permits the use for profit of any amusement device
shall pay an annual license fee for each amusement device in an amount as
set forth from time to time by resolution of the Board of Commissioners.[2] Primary liability for the license fee imposed under this Article
shall be with the actual proprietor of the location of the amusement device;
however, the Township of Cheltenham may, in assessing the license fee, seek
payment from the actual owner of the amusement device.
A.
Such license shall be issued by the township's Director
of Engineering, Zoning and Inspections upon application in writing therefor
and upon payment of the license fee. Such license shall be valid until December
31 of each year and must be renewed annually. Each license will show the number
of devices authorized for use on the premises and must be prominently displayed.
The license fee for any license issued in any calendar year after July 1 shall
be one-half (1/2) of the annual license fee.
B.
The fee fixed herein may be modified from time to time
by resolution of the Board of Commissioners. All license fees must be paid
to the township prior to the installation of any amusement device.
[Amended 1-18-1983 by Ord. No. 1559]
Amusement devices may be placed where permitted as an allowable use by Chapter 295, Zoning, provided that twenty-seven (27) square feet of floor space can be devoted exclusively to each and every device. Also, where permitted in Chapter 295, Zoning, as an accessory use, amusement devices may be placed at a rate of two (2) for the first five thousand (5,000) square feet of floor space of said location, and one (1) additional device if there is more than five thousand (5,000) square feet of floor space at said location, not to exceed a maximum of three (3) devices. In addition, the following special and locational requirements must be met:
A.
As a matter of definition, any side of a device which
has operational controls is designated as a front side. Any device could have
as many front sides as it has sides.
B.
Where the fronts of two (2) devices are opposite each
other and a walkway is present, there shall be at least six (6) feet of open
space between said devices.
C.
Where the fronts of two (2) devices are opposite each
other along a wall or other impediment to a walkway, there shall be at least
five (5) feet of open space between said devices.
D.
Where two (2) devices are opposite each other with the
front of one machine facing the side or rear of another machine and a normal
walkway is present, there shall be at least five (5) feet of open space between
said devices.
E.
Where two (2) devices are opposite each other with the
front of one machine facing the side or rear of another machine and a wall
or other impediment blocks a walkway, there shall be at least three (3) feet
of open space between said device.
F.
Where two (2) devices are at angles forming a corner
and a walkway is present, there shall be at least six (6) feet of open space
between said devices.
G.
No devices may be placed within six (6) feet of any entrance
to a building housing said devices unless said devices are located immediately
along the wall forming the entrance.
H.
No device may be placed within five (5) feet of any wall
or barriers, provided that this space will be used as a walkway.
I.
The placement of all devices is further subject to all
other applicable state and local codes.
Where permitted in Chapter 295, Zoning, as a primary use, proprietors shall be allowed initially to only purchase licenses for a total amount of machines not to exceed twenty-seven (27) square feet divided into the total square footage of floor space devoted exclusively for amusement devices. The proprietor is then responsible for meeting all of the spatial and locational requirements. If, following the initial placement of these machines, the proprietor would like to request additional space, he may request an inspection by the appropriate township official certifying that the necessary spatial and locational requirements would be met. Following an approved inspection, the proprietor would then be responsible to ensure that all spatial and locational requirements are still met.
The Department of Engineering, Zoning and Inspections shall be responsible
for the issuance of all amusement device licenses, their inspection and the
enforcement of all provisions herein within the Township of Cheltenham.
Any person or legal entity violating the provisions of this Article
shall, upon summary conviction before a District Justice, pay a fine of not
more than six hundred dollars ($600.), together with the costs of suit, collectible
in the manner provided by law. Each violation after notice of an offense or
service of a summons shall constitute a distinct and separate offense.
