Township of Nether Providence, PA Chapter 85 Amusement Devices

[HISTORY: Adopted by the Board of Commissioners of the Township of Nether Providence 5-13-1982 as Ord. No. 514. Amendments noted where applicable.]

§ 85-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

AMUSEMENT FACILITY

Any place or facility permitted by the Township Zoning Ordinance and especially Ordinance No. 504.

[1]

CEO

The Code Enforcement Officer of the Township of Nether Providence or his designee.

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 a copartnership or association, shall mean the partners or members thereof, and as applied to a corporation, the officers thereof.

POOL TABLE

Any table with cushions and/or pockets upon which games or 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.

[1] Editor's Note: See Ch. 300, Zoning.

§ 85-2 License required.

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 CEO, as prescribed herein, and without complying with the Township Zoning Ordinance and especially Ordinance No. 504.[1]

[1] Editor's Note: See Ch. 300, Zoning.

§ 85-3 Application; investigation; issuance of license.

A. Any person(s) desiring to procure a license for a mechanical or electronic device shall apply therefor in writing to the CEO.

(1) Such application shall set forth the full name and address of the applicant and the address at which such device(s) is/are to be located, together with:

(a) A plan of the premises showing the location or locations where the jukebox, mechanical amusement device or pool table or similar machine or device is to be displayed or maintained and indicating the same as a supervised area.

[1] No loitering shall be permitted on the premises.

[2] This plan will show all doorways, with aisle widths of three feet. Each device must have a minimum of 15 square feet of floor area. This application shall not exceed more than three devices.

[3] No device shall be placed within 10 feet of any doorway.

(b) The type, manufacturer and serial number of each jukebox, mechanical device or pool table 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.

(3) No license shall be granted until a period of 10 days shall have elapsed from the date of application, during which time the CEO may, at his or her discretion, investigate the facts set forth in the application.

B. Upon approval of the application, the CEO shall issue a license for each location where a jukebox, mechanical or electronic amusement device or pool table is to be displayed or maintained and may also issue a seal to be affixed to each jukebox, mechanical or electronic device or pool table registered and licensed under this chapter.

§ 85-4 Fees.

[Amended 12-10-1992 as Ord. No. 581]

A. Registration and license fees shall be paid by the operator to the CEO at the time that application is filed. Such fees shall be as set forth by resolution of the Board of Commissioners from time to time.[1]

[1] Editor's Note: See Ch. A310, Fees.

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 set forth by resolution of the Board of Commissioners from time to time.[2]

[2] Editor's Note: See Ch. A310, Fees.

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 CEO, who will then issue a new license or seal upon payment of a fee as set forth by resolution of the Board of Commissioners from time to time.[3]

[3] Editor's Note: See Ch. A310, Fees.

§ 85-5 General regulations.

A. A copy of the license must be visibly posted upon the premises where any jukebox, mechanical or electronic device or pool table is displayed or maintained for use and operation, and the seal which will be provided shall be affixed to the jukebox, mechanical or electronic amusement device or pool table for which issued in accordance with the directions of the CEO.

B. Any premises upon which any jukebox, mechanical or electronic amusement device or pool table is displayed or maintained shall be open to examination and inspection by duly authorized agents of the CEO and/or the Nether Providence Township Police Department during all hours that such premises are open to use by the public.

C. No mechanical or electronic device or pool table shall be used for gambling or other illegal purposes.

D. Any premises or places of business primarily or substantially devoted to the display or maintenance of mechanical or electronic amusement devices or pool tables shall be subject to the provisions of the Zoning Ordinance[1] relating to amusement facilities. For the purposes of this subsection, any premises upon which are displayed or maintained more than a total of three mechanical or electronic amusement devices and/or pool tables shall be considered as being substantially devoted to the display or maintenance of mechanical or electronic amusement devices or pool tables.

[1] Editor's Note: See Ch. 300, Zoning.

E. 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 hours of 8:00 a.m. to 4:00 p.m. of any day in which public school is in session.

F. After the Nether Providence Township Police Department has responded to two complaints pertaining to disturbances related to the operation of such devices at any licensed premises, the Board of Commissioners 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.

§ 85-6 Expiration and renewal of licenses.

Licenses issued under this chapter 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.

§ 85-7 Transfer of licenses.

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 CEO, and payment of the fee specified in § 85-4B above. A new seal may be issued for a replacement for a jukebox, mechanical or electronic device or pool table previously registered under this chapter only upon amendment of the original application, approval by the CEO and payment of the fee specified in Section 85-4C above.

§ 85-8 Violations and penalties.

[Amended 12-10-1992 as Ord. No. 581]

Any person, firm or corporation violating any provision of this chapter shall, upon summary conviction before any District Justice, be punishable as provided in Chapter 1, General Provisions, Art. II, Violations and Penalties, § 1-17, Other violations. Each and every day in which any person shall be in violation of this chapter 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 chapter, and the licensee shall be liable to prosecution under this chapter.