[HISTORY: Adopted by the Board of Supervisors of the Township of
East Norriton 6-8-1982 by Ord. No. 174.
Amendments noted where applicable.]
GENERAL REFERENCES
Peach and good order — See Ch. 144.
As used in this chapter, the following terms shall have the meanings
indicated:
Any music vending machine, contrivance or device which, upon insertion
of a coin, slug, token, plate, disc or key into any slot, crevice or other
opening or by the payment of any price, operates or may be operated for the
emission of songs, music or similar amusement.
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 a 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 games, operations or transactions
similar thereto under whatever name they may be designated or described. It
shall not include devices or machines whose sole purpose is to dispense merchandise
such as candy, cigarettes, etc.
Any person, firm, partnership, corporation or association displaying
or maintaining for use and operation any jukebox or mechanical amusement device
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 copartnership or associations, shall mean the partners or members
thereof, and as applied to a corporation, the officers thereof.
Any place authorized as such by license.
The Zoning Officer of the Township of East Norriton or his designate.
It shall be unlawful for any operator to display or keep or maintain
for use and operation or otherwise permit the use and operation of any jukebox
and/or any mechanical amusement device or other similar machine without first
having registered with and obtained a license from the Zoning Officer as prescribed
herein.
A.
Any person(s) desiring to procure a license for a mechanical
or electronic device shall apply therefor in writing to the Zoning Officer.
(1)
Such application shall set forth the full name and address
of the applicant, the address at which such device(s) is to be located, together
with:
(a)
A plan of the premises showing the location or locations
where the jukebox, mechanical amusement device or similar machine or device
is to be displayed or maintained and indicating the same as a supervised area.
No loitering shall be permitted on the premises. This plan will show all doorways
and aisle widths of three feet. Each device must have a minimum of 15 square
feet of floor area. No device shall be placed within 10 feet of any exterior
doorway.
(b)
The type, manufacturer and serial number of each jukebox
or mechanical device for which application is made.
(2)
Such information shall be furnished over the signature
of the applicant and shall be made under oath or affirmation.
B.
No license shall be granted until a period of 10 days
shall have elapsed from the date of application, during which time the Zoning
Officer may, at his or her discretion, investigate the facts set forth in
the application.
C.
Upon approval of the application, the Zoning Officer
shall issue a license for each location where a jukebox or mechanical or electronic
amusement device is to be displayed or maintained and may also issue a seal
to be affixed to each jukebox or mechanical or electronic device registered
and licensed under this chapter.
A.
Registration and license fees shall be paid by the operator
to the Zoning 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. In the event of the transfer of the registration
of any device, there shall be a transfer fee of $25 for that device.
C.
In the case of the loss, defacement or destruction of
any original license or seal, the person to whom such certificate or seal
issued shall apply to the Zoning Officer, who will then issue a new seal or
license upon payment of a fee of $5.
A.
A copy of the license must be visibly posted upon the
premises where any jukebox or mechanical or electronic device is displayed
or maintained for use and operation, and the seal which will be provided shall
be affixed to the jukebox or mechanical or electronic amusement device for
which issued in accordance with the directions of the Zoning Officer.
B.
Any premises upon which any jukebox or mechanical or
electronic amusement device is displayed or maintained shall be open to examination
and inspection by duly authorized agents of East Norriton Township and/or
the East Norriton Township Police Department during all hours that such premises
are open to use by the public.
C.
No mechanical or electronic device 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 schools located in the Township are in session
or during hours of curfew.
E.
After the East Norriton Township Police Department has
responded to complaints pertaining to disturbances related to the operation
of such devices at any licensed premises, the Board of Supervisors will have
the right to review the complaints, and, if decided the complaints were legitimate,
it will have the right to suspend licensure and enforce the removal of all
devices from the licensed premises for the remainder of that calendar year.
Licenses issued under this chapter expire on June 30 of each year. Applications
for renewal, accompanied by the required annual fee, shall be submitted in
the month of June 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 an amendment of the original application, approval by the Zoning Officer and payment of the fee specified in § 63-4B above. A new seal may be issued for a replacement for a jukebox or mechanical or electronic device previously registered under this chapter only upon amendment of the original application, approval by the Zoning Officer and payment of the fee specified in § 63-4C above.
A.
Any person, corporation or other entity who shall violate
any of the provisions of this chapter or who should fail to comply with any
notice of violation herein, upon conviction before a District Justice within
the magisterial district within which the Township of East Norriton is a part,
shall be fined not more than $600 plus costs of prosecution after a summary
proceeding brought in the name of the Township before said District Justice.
A new and separate offense shall be deemed to be committed for each day that
such violation exists. In default of the payment of any fine imposed and the
costs, the person or persons that are charged may be sentenced to be committed
to the county jail for a period not exceeding 30 days.
[Amended 12-19-1988 by Ord. No. 274]
B.
It is expressly understood that the permits issued for
the operation of said machines or devices shall be for amusement purposes
only. Any indication of gambling, i.e., the awarding of cash or premiums,
shall constitute a breach of this chapter, and the licensee shall be liable
to prosecution under this chapter in addition to appropriate criminal proceedings.
