As used in this ordinance, the following terms
shall have the meanings indicated:
CEO
The Code Enforcement Officer of the Township of Springfield
or his designate.
JUKEBOX
Any music vending machine, contrivance or device which, upon
insertion of a coin, slug, token, plate, disk 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.
MECHANICAL OR ELECTRONIC AMUSEMENT DEVICE
Any machine, contrivance or device which, upon the insertion
of a coin, slug, token, plate, disk 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.
OPERATOR
Any person, firm, partnership, corporation or association
displaying or maintaining, for use and operation, any jukebox, mechanical
amusement device or pool table or otherwise permitting the use or
operation of such devices for a fee or charge.
PERSON
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.
PLACE OF AMUSEMENT
Any place authorized as such, as a special exception, by
the Zoning Hearing Board.
POOL TABLE
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 or
key into any slot or other opening.
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, mechanical amusement device, pool
table or other similar machine without first having registered with
and obtained a license from the C.E.O. as prescribed herein.
[Amended 9-8-2015 by Ord.
No. 1560]
A. Registration and license fees, as set forth in Chapter
40, Fee Schedule, shall be paid by the operator to the Township Secretary at the time that the application is filed for each of the following:
(2) Mechanical or electronic amusement device.
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, as indicated in Chapter
40, Fee Schedule, 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 was issued shall apply to the Township Secretary who will then issue a new seal or license upon payment of a fee, as indicated in Chapter
40, Fee Schedule.
Licenses issued under this ordinance 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 an amendment of the original application, approved by the C.E.O., and payment of the fee specified in §
4A-4B above. A new seal may be issued for a replacement for a jukebox, mechanical or electronic device or pool table previously registered under this ordinance only upon amendment of the original application, approval by the C.E.O. and payment of the fee specified in §
4A-4C above.
Any person, firm or corporation violating any
provision of this ordinance shall, upon summary conviction before
any District Justice, be subject to a fine of not exceeding $300.
and costs of prosecution, and in default of fine and costs, such person
may be imprisoned in the county jail for not more than 30 days. Each
and every day in which any person shall be in violation of this ordinance
shall constitute a separate offense. 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 the
ordinance and the licensee shall be liable to prosecution under this
ordinance.
Except specifically for Chapter
5, Article
II, of the Code of the Township of Springfield, all ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed.
The provisions of this ordinance are severable,
and if any section, sentence, clause, part or provision shall be held
illegal, invalid or unconstitutional by any court of competent jurisdiction,
such decision of the court shall not affect or impair the remaining
sections, sentences, clauses, parts or provisions of this ordinance.
It is hereby declared to be the intent of the Board that this ordinance
would have been adopted if such illegal, invalid or unconstitutional
section, sentence, clause, part or provision had not been included
herein.
This ordinance shall take effect and be in force
from and after its approval as required by law; provided, however,
that any operator subject to the provisions of this ordinance shall
register and apply for a license as provided herein within 30 days
of the date that this ordinance takes effect, and such registration
shall remain in effect until December 31, 1982, notwithstanding anything
to the contrary herein provided.