[HISTORY: Adopted by Board of Commissioners of the Township of Springfield 7-13-1982 as Ord. No. 1063. Amendments noted where applicable.]
Amusement taxes — See Ch. 5.
As used in this ordinance, the following terms shall have the meanings indicated:
- The Code Enforcement Officer of the Township of Springfield or his designate.
- 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.
- 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.
- 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.
Any person(s) desiring to procure a license for a mechanical or electronic device shall apply therefor in writing to the C.E.O. Such application shall set forth the full name and address of the applicant and the address at which such device(s) are to be located, together with:
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 same as a supervised area. No loitering is to 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. This application shall not exceed more than three devices, without a special exemption by the Springfield Zoning Hearing Board.
The type, manufacturer and serial number of each jukebox, mechanical device or pool table for which application is made.
No device shall be placed within 10 feet of any doorway.
Such information shall be furnished over the signature of the applicant and shall be made under oath or affirmation.
No license shall be granted until a period of 10 days shall have elapsed from the date of application, during which time the C.E.O. may, at his or her discretion, investigate the facts set forth in the application.
Upon approval of the application, the C.E.O. 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 ordinance.
[Amended 9-8-2015 by Ord. No. 1560]
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.
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 C.E.O.
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 C.E.O. and/or the Springfield Township Police Department during all hours that such premises are open to use by the public.
No mechanical or electronic device or pool table shall be used for gambling or other illegal purposes.
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 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.
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.
After the Springfield 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 they decide that the complaints were legitimate, they 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 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.
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.