[HISTORY: Adopted by the Borough Council
of the Borough of Media as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 311.
[Adopted 11-24-1959 by Ord. No. 417]
[Added 11-19-1992 by Ord. No. 846]
As used in this article, the following terms
shall have the meanings indicated:
Any machine, contrivance or device which, upon the insertion
of a coin, slug, token, plate, disc 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
the 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 other 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.
[Amended 11-19-1992 by Ord. No. 846]
It shall be unlawful for any person, group,
association or corporation to keep or maintain for operation or use
on the premises an amusement device of any type, kind or nature in
a commercial establishment within 150 feet of any church, synagogue,
regular place of worship or school.
The distance herein referred to shall be measured
from the closest point of building to building.
[Amended 11-19-1992 by Ord. No. 846]
Any person, group, association or corporation
violating the provisions of this article shall, upon conviction thereof,
be sentenced to pay a fine not exceeding $600, plus costs of prosecution,
for each and every offense and, in default of payment of such fine
and costs, shall undergo imprisonment in the county jail for a period
not exceeding 90 days. Whenever such person shall have been notified
by the police or by service of a summons in a prosecution that he
is committing such violation of this article, each day he shall continue
to be in violation shall constitute a separate offense punishable
by like fine or penalty.
[Adopted 8-5-1982 by Ord. No. 729]
As used in this article, the following terms
shall have the meanings indicated:
The Code Enforcement Officer of the Borough of Media.
Any machine, contrivance or device which, upon the insertion
of a coin, slug, token, plate, disc 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
the 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 other 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 of the items described
in the definitions of "mechanical and/or electronic amusement device"
and "pool table" or otherwise permitting the use or operation of such
devices for a fee or charge.
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,
whether or not operated by the insertion of a coin, slug, token, plate,
disc or key into any slot, crevice or other opening or paid directly
to an operator.
[Amended 6-17-2021 by Ord. No. 1150-2021]
It shall be unlawful for any establishment licensed by the Pennsylvania Liquor Control Board to sell alcoholic beverages to display or keep or maintain for use and operation or otherwise permit the use and operation of any of the devices described in the definitions of "mechanical and/or electronic amusement device" and "pool table" in § 111-5 hereof without first having registered with and obtained a license from the Code Enforcement Officer as prescribed herein.
A.
Every operator desiring to become an operator shall
apply to the Code Enforcement Officer for a license or licenses and
pay the fees hereinafter set forth. Application forms may be secured
from the borough offices, State and Jackson Streets, Media, Pennsylvania
19063, and shall set forth the following information:
(1)
The name and business address of the operator.
(2)
A plan of the premises showing the location or locations where the devices described in the definitions of "mechanical and/or electronic amusement device" and "pool table" in § 111-5 hereof are to be displayed or maintained, as well as the location or locations of the supervision of the establishment. No device may be located within 10 feet of any doorway.
(3)
The type, manufacturer and serial number of each device described in the definitions of "mechanical and/or electronic amusement device" and "pool table" in § 111-5 hereof for which application is being made. Each device, excluding pool tables and shuffleboard tables (not mechanical), shall be provided with a minimum of 10 feet of clearance (open space) on both sides and 10 feet of front clearance (open space) in front where the patrons are to be situated.
(4)
Such other information as the Code Enforcement Officer
may deem necessary for the proper administration and enforcement of
this article.
B.
Upon approval of the application, the Code Enforcement
Officer shall issue a license for each location where the device is
to be displayed or maintained and a seal to be affixed to each device
registered and licensed under this article.
A.
A registration and license fee shall be paid by the
operator to the Code Enforcement Officer at the time that application
is filed. Such fees shall be as follows:
B.
No deductions or refunds of any fee shall be granted
in case of a fee payable for less than a full calendar year or in
the case of any device destroyed, stolen, sold or otherwise disposed
of or transferred after payment of the fee.
C.
In the case of the loss, defacement or destruction
of any original license or seal, the person to whom such a license
or seal was issued shall apply to the Code Enforcement Officer, who
will then issue a new seal or license upon payment of the fee of $5.
A.
A copy of the license must be visibly posted in accordance
with the directions of the Code Enforcement Officer upon the premises
wherein there are any of the devices licensed pursuant to the terms
of this article.
B.
Any premises upon which any devices are displayed
or maintained under the terms of this article shall be open to examination
and inspection by the Code Enforcement Officer and Borough of Media
police officers during all hours that such premises are open to use
by the public.
C.
No devices licensed under the terms of this article
shall be used for gambling or other illegal purposes.
D.
Any operator granted a license shall not permit the
operation of any device by a person under the age of 18 years of age
during the regular class hours of any day in which school is in session.
E.
After the Borough of Media Police Department has responded
to the third complaint pertaining to disturbances related to the operation
of such devices at any licensed premises, the Borough Council will
have the right to review the complaints and, if a substantial cause
of the complaints is the operator's failure to properly supervise
the premises, the Council will have the right to suspend or revoke
the license. There shall be no remission of any fees paid under these
circumstances.
Licenses issued under this article expire on
December 31 of each year. Applications for renewal, accompanied by
the required annual fee, shall be submitted in the month of December
and may consist of a signed verification of the original application
contents so long as there have been no changes.
Licenses shall apply only to the operator and location to which issued, and any transfer shall require amendment of the original application, approved by the Code Enforcement Officer, and payment of the fee specified in § 111-8 above. A new seal may be issued for a replacement for a device previously registered under this article only upon amendment of the original application, approved by the Code Enforcement Officer, and payment of the fee specified in § 111-8 above.
[Amended 11-19-1992 by Ord. No. 846]
Any person violating any provision of this article
shall, upon summary conviction before any District Justice, be subject
to a fine of not exceeding $600, plus costs of prosecution, and, in
default of payment of such fine and costs, such person may be imprisoned
in the county jail for not more than 90 days. Each and every day in
which any person shall be in violation of this article shall constitute
a separate offense.
This article shall take effect and be in force from and after its final approval as required by law; provided, however, that any operator subject to the provisions of this article shall register and apply for a license as provided herein within 30 days of the date this article takes effect, and such registration and license shall remain in effect until December 31, 1982, notwithstanding anything to the contrary herein provided. However, any license obtained under the provisions of this article for the duration of 1982 shall be obtained by payment of 1/2 of the fees set forth in § 111-8 hereof for that limited period of time.
