[Ord. 527, 3/10/1982, § 1]
As used in this Part, the following terms shall have the meanings
indicated:
The Building Inspector of the Township of Darby or his designate.
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 also include any vending machine which vends product, including,
but not limited to: any food, drink, toys, candy, cigarettes, and
entertainment media.
[Amended by Ord. 716, 12/10/2014]
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.
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 place authorized by the Zoning Chapter of the Township
of Darby.
[Ord. 527, 3/10/1982, § 2]
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.
[Ord. 527, 3/10/1982, § 3]
1.
Any person(s) desiring to procure a license for a mechanical or electronic
device shall apply therefor in writing to the CEO. 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 or mechanical amusement device is to be displayed or maintained
and indicating same as a supervised area. No loitering to be permitted
on the premises.
B.
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. This
application shall not exceed more than three devices without a special
exception by the Darby Township Hearing Board. However, machines used
exclusively to vend products, and which do not usually create a crowd,
shall not be included in this count of three.
[Amended by Ord. 716, 12/10/2014]
C.
No device shall be placed within 10 feet of any doorway unless the
device is used exclusively for vending purposes and does not usually
create a crowd.
[Amended by Ord. 716, 12/10/2014]
D.
The type, manufacturer, and serial number of each jukebox, mechanical
device, or pool table for which application is made.
E.
Such information shall be furnished over the signature of the applicant
and shall be made under oath or affirmation.
F.
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.
2.
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 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 Part.
[Ord. 527, 3/10/1982, § 4; as amended by Ord. 573,
11/26/1990; by Ord. 601, 3/9/1994; by Ord. 630, 12/9/1998; by Ord.
689, 12/8/2010; and by Ord. 711, 12/4/2013]
1.
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 follows:
2.
No deduction 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 $300 for the device.
3.
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 issue a new seal or license upon
payment of a fee of $250.
4.
Double Fees. In case any work for which a permit required by this
Ordinance is started or proceeded with prior to obtaining same permit,
the fee specified in this section of this Ordinance shall be doubled,
but the payment of such double fee shall not relieve any person from
fully complying with the requirements of this Ordinance in the execution
of the work, nor from any other penalties prescribed herein.
[Ord. 527, 3/10/1982, § 5]
1.
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.
2.
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 Darby Township Police Department during all hours that such premises
are open to use by the public.
3.
No mechanical or electronic device or pool table shall be used for
gambling or other illegal purposes.
4.
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
Chapter relating to places of amusement. 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. Machines used exclusively to vend product, and which
do not usually create a crowd, shall not be included in this count
of three.
[Amended by Ord. 716, 12/10/2014]
5.
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 public school is in session.
6.
After the Darby 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 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.
[Ord. 527, 3/10/1982, § 6]
Licenses issued under this Part 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.
[Ord. 527, 3/10/1982, § 7]
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 § 13-104, Subsection 2, above. A new seal may be issued for a replacement for a jukebox, mechanical or electronic device, or pool table previously registered under this Part only upon amendment of the original application, approval by the CEO, and payment of the fee specified in § 13-104, Subsection 2, above.
[Ord. 527, 3/10/1982, § 8; as amended by Ord. 572,
10/10/1990]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $600 and costs or, in default of payment thereof,
shall be subject to imprisonment for a term not to exceed 30 days.
Every day that a violation of this Part continues shall constitute
a separate offense.
[Added by Ord. 716, 12/10/2014]
This Part 1 shall not apply to any not-for-profit organizations
and shall not apply to vending machines located in private portions
of stores or businesses for the exclusive use of their employees.
