[HISTORY: Adopted by the Mayor and Council of the Borough of Chester 4-3-1980
as Sec. 4-1 of the 1980 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any amusement machine or device operated by means of the insertion
of a coin, token or similar object for the purpose of amusement or skill and
for the playing of which a fee is charged. The term does not include vending
machines in which are not incorporated gaming or amusement features, but does
include any coin-operated mechanical musical devices, such as jukeboxes.
Any person, firm, corporation, partnership, association or club who,
as the owner, lessee, or operator, has under his or its control any establishment,
place or premises in or at which a coin-operated amusement device or devices
are placed or kept for use or play, or on exhibition for the purpose of use
or play.
A.
No person or other entity shall engage in the business
of proprietor of coin-operated amusement device or devices as the terms are
herein defined in any store, shop, tavern, restaurant or other place of business
within the borough, without first having obtained a proprietor's license.
B.
No person or other entity shall place or keep for use
or play or on exhibition for the purpose of use or play in any store, shop,
tavern, restaurant or other place of business a coin-operated amusement device
for which a machine license shall not have been issued.
[Amended by Ord. No. 81-4; Ord. No. 96-06]
The license fee for each proprietor shall be as established in Chapter 127, Fees, Article I, for each place of business at which a coin-operated amusement device or devices shall be set up for operation, leased or exhibited or otherwise provided for the purpose of operation by another. All proprietor's license fees shall be payable annually in advance, provided that where application is made after the expiration of any portion of any license year, a license may be issued for the remainder thereof upon payment of the full annual fee. In no case shall any portion of the license fee be refunded to the licensee. Proprietor's licenses shall expire on December 31 of the year for which the licenses were issued. The license fee for annual renewal of such license shall be as established in Chapter 127, Fees, Article I, in the event there has been no change in the officers or owners of any interest in the proprietor. In no event shall a proprietor's license be transferable.
[Amended by Ord. No. 81-4; Ord. No. 96-06]
The license fee for each coin-operated amusement device as herein defined shall be as established in Chapter 127, Fees, Article I, per year for each device used or played, or exhibited for use or play. All coin-operated amusement device license fees shall be payable annually in advance, provided, that where application is made after the expiration of any portion of any license year, a license may be issued for the remainder thereof, upon payment of the full annual fee. Coin-operated amusement device licenses shall expire on December 31 of the year for which the licenses shall be transferable upon written application filed with the Municipal Clerk and upon the payment of a fee as established in Chapter 127, Fees, Article I.
A.
Application for a proprietor's license hereunder
shall be filed in writing with the Municipal Clerk, on a form to be provided
by the borough, and shall specify:
(1)
The name and address of the applicant, and if a firm,
corporation, partnership or association, the principal officers and owners
of an interest in excess of 10%, and their addresses.
(2)
The address and area of the premises where the licensed
device or devices are to be operated together with the character of the business
as carried on at such place.
(3)
The trade name and general description of the device
or devices to be used, the name and address of the supplier or suppliers thereof,
and the number of devices to be used which number shall be endorsed on the
proprietor's license.
(4)
The proper license fee shall accompany each and every
such application.
B.
Application for a coin-operated amusement device license
hereunder shall be filed in writing with the Municipal Clerk, on a form to
be provided by the borough, and shall specify:
(1)
Name and address of proprietor and address of licensed
premises of proprietor and proprietor's license number.
(2)
The manufacturer's serial number, cost of play,
dimensions and means of operation of the coin-operated amusement device to
be licensed.
(3)
The name and address of the owner, lessor, lessee, bailee,
lien-holder or any other person having a pecuniary or proprietary interest
in the coin-operated amusement device.
(4)
If such application shall be for a transfer of a coin-operated
amusement device the number of the license to be transferred.
(5)
In no event shall a license for a coin-operated amusement
device be issued to other than a proprietor licensed hereunder.
Upon receipt of an application for a license to be a proprietor, as
herein defined, of any coin-operated amusement device, the Clerk shall notify
the Mayor and Council of the borough which shall make, or cause to be made,
an investigation within 45 days of the time of receipt of the application.
Such investigation shall include, but need not be limited to the following:
A.
The health officer shall make, or cause to be made, an inspection, with regard to such licenses, of the premises at which the coin-operated amusement device is proposed to be located. Such inspection shall consider the preventing of nuisances, the control of the spread of disease, the protection of the public health and such other considerations as are consistent with the regulations as set forth in § 88-9 of this chapter.
B.
The Building Inspector shall make or cause to be made
such inspections as are relative to the construction and safety of the building
or other structures proposed as the premises at which any coin-operated amusement
device is to be located.
C.
The Chief of Police shall make or cause to be made such additional investigations as are required to ensure that the regulations as set forth in § 88-9 of this chapter will be complied with by the applicant at the proposed location; to further ensure that the safety and welfare of the public will be protected and provided for by the applicant at the proposed location; and, to investigate such other considerations as are consistent with the regulations.
D.
The Mayor and Council may make such further investigations
of the applicant as they may deem necessary.
[Amended by Ord. No. 96-06]
A.
In the event the proprietor licensed under the provisions of this chapter desires, after the expiration of any portion of any license year, to increase the number of devices to be used or played, or exhibited for use or play in his establishment, he shall file an amendment to his original application, filed pursuant to § 88-5A hereof, and surrender his proprietor's license to the Municipal Clerk, who shall issue a new license showing the number of devices licensed thereunder, upon payment of a filing fee as established in Chapter 127, Fees, Article I, to increase the number of devices and upon the issuance pursuant hereto of coin-operated amusement device licenses for each new coin-operated amusement device.
B.
In the event a proprietor licensed hereunder desires to transfer a coin-operated amusement device license from one device to another he shall file an application therefor pursuant to § 88-5B hereof and surrender his coin-operated amusement device license to the Municipal Clerk who shall issue a new license identifying the substituted device upon payment of a transfer fee as established in Chapter 127, Fees, Article I.
Any proprietor who owns such device or devices at the time this chapter
becomes effective shall file with the Municipal Clerk evidence of such ownership
prior to the issuance of a license; and any proprietor purchasing a device
or devices after the effective date of this chapter shall file with the Municipal
Clerk evidence of ownership thereof, before exhibiting or placing the device
or devices for use or play.
[Amended by Ord. No. 80-14]
A.
Premises used for the business of a proprietor of coin-operated
amusement devices must be kept in a clean and sanitary condition and shall
provide such toilet facilities as may be required by law. No refuse of any
kind shall be permitted to accumulate on such premises; the premises shall
have suitable and convenient and sanitary receptacles for receiving waste
and trash materials and other refuse; and, the premises must be kept free
from rats, mice and vermin. The floors or other surfaces around, beneath or
adjacent to any coin-operated amusement device shall be kept in a clean and
sanitary condition and in good order and repair.
B.
It shall be unlawful to engage in the business of a proprietor
of coin-operated amusement devices, as the terms are herein defined, in any
store, shop, tavern, or restaurant or other place of business within the borough
at any time whatsoever unless there is an attendant in charge of the premises
at the time, who is a person over 18 years of age, for every 1,000 square
feet of licensed area. Each such attendant shall be identified by a conspicuous
identification badge, uniform or manner of dress the nature of which shall
be filed by the proprietor with the Municipal Clerk.
C.
No coin-operated amusement devices, licensed or not,
shall be so conducted, operated or installed as to amount to a nuisance in
fact.
D.
No premises at which is located a coin-operated amusement
device within the borough shall be situated within 1,000 feet portal-to-portal,
of a premises used as a church or school, whether such church or school be
situated within or without the borough. This regulation shall not apply however
to premises lawfully licensed for the sale of and on-premises consumption
of alcoholic beverages.
E.
No coin-operated amusement device shall be placed at
any location in the borough where it will disturb the peace and quiet of persons
outside the immediate premises within which the device is located.
F.
No coin-operated amusement device shall be located in
that part of the borough, within or without a building, so near a public thoroughfare
or passageway as to disturb or otherwise interfere with the movement of pedestrians
or motor vehicles.
G.
It shall be unlawful to permit or suffer the presence
of any licensed premises or use of any coin-operated amusement device by minors
(persons under the age of 18 years) in the borough between the hours of 8:00
p.m. and 8:00 a.m. of any evening, unless such minor is accompanied by a parent
or legal guardian. A minor present and unaccompanied by a parent or legal
guardian at any licensed premises shall be directed to leave same at 8:00
p.m.; no minor shall be admitted to any licensed premises after 8:00 p.m.
H.
Premises used for the business of a proprietor of any
coin-operated amusement device in the borough must, at all times, have safe
and adequate lighting, and the operator or proprietor shall be responsible
for the maintenance, repair and extension of the lighting.
I.
No coin-operated amusement device shall be located within
eight feet of any other device. In the event, however, devices are placed
along a wall the same may be separated from other devices along the same wall
by no less than 30 inches.
J.
Nothing herein stated shall be construed to exempt any
licensee hereunder from complying with the requirements of any other ordinance
of the borough.
K.
No coin-operated amusement device shall be allowed to
remain in any area of the premises open to the public, wherein such devices
have been set up for operation, for a period of more than one hour from the
time the proprietor knew or should have known that the coin-operated amusement
device had become inoperable.
L.
It shall be unlawful for any proprietor to allow the
possession and or use of any intoxicating liquor by any person in the premises
wherein coin-operated amusement devices are set up for use, unless the proprietor
is licensed to sell intoxicating liquor on the premises wherein the coin-operated
amusement devices have been set up for operation.
M.
It shall be unlawful for any person to have in his possession
and/or to use any intoxicating liquor while the person is in any premises
wherein coin-operated amusement devices have been set up for operation, unless
the proprietor is licensed to sell intoxicating liquor on the premises wherein
coin-operated amusement devices have been set up for operation.
N.
It shall be unlawful for any proprietor to allow the
consumption of any food or beverage by any person on the premises wherein
coin-operated amusement devices are set up for use, if the food or beverage
was not purchased on the premises wherein the coin-operated amusement devices
have been set up for operation.
O.
It shall be unlawful for any proprietor to allow a density
of occupation of the premises wherein coin-operated amusement devices are
set up for operations of more than one person for every 50 square feet of
floor space of the premises wherein coin-operated amusement devices have been
set up for operation.
P.
It shall be unlawful for any proprietor to be open for
business in the borough between the hours of 11:00 p.m. and 8:00 a.m., of
any evening. This regulation shall not apply, however, to premises lawfully
licensed for the sale of and on-premises consumption of alcoholic beverages
nor to coin-operated mechanical musical devices, such as jukeboxes, located
at taverns, restaurants, diners, ice cream parlors or premises of similar
business which may be operated thereat during lawful business hours.
Q.
It shall be unlawful for any proprietor to allow any
person to loiter in or about the premises in the borough wherein the proprietor
has set up coin-operated amusement devices. For the purpose of this chapter,
loiter shall mean remaining idle in essentially one location and shall include
the concepts of spending time idly, loafing or walking aimlessly about the
premises.
R.
It shall be unlawful to permit or suffer any patron of
a licensed premises to occupy any portion of a licensed establishment without
the licensed portion thereof except toilet facilities.
A.
The Chief of Police shall inspect or cause to be inspected
any place or building in which any such device is located; to inspect, investigate
and test such devices, as may be required, and is hereby authorized to seize
and hold for such further disposition that is authorized by law, any such
coin-operated amusement device found to be in violation of this chapter.
B.
It shall be the duty of the health officer to make or
cause to be made such inspections as may be necessary to insure compliance
with the provisions of this chapter for the protection of the public health.
Any person, firm, corporation, partnership, association or other entity
convicted by the Municipal Court of the borough for the violation of the provisions
of this chapter shall be subject to a fine of not more than $200, or imprisonment
in the county jail for a term not to exceed 90 days, or both of the above.
Each day that a violation of the provisions of this chapter continues shall
be considered to be a separate offense.
The Mayor of the borough shall upon notice to the licensee and hearing
if requested within 30 days of such notice, have the right to revoke any license
issued hereunder for the violation of any of the provisions of this chapter.
