[Adopted 10-14-1980 by Ord. No. 1788;
amended 1-25-1982 by Ord. No. 1833]
As used in this article, the following terms
shall have the meanings indicated:
The Director of the Department of Code Enforcement.[1]
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.
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 which dispense merchandise
such as candy, cigarettes, etc.
Any organization organized and established pursuant to the
Nonprofit Corporation Law of Pennsylvania or other similar statute
of another jurisdiction.
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 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, plate,
disk or key into any slot, crevice or other opening.
A.
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 or device without first having registered
with and obtained a license from the Department of Code Enforcement
as prescribed herein.
B.
Applicants or operators of establishments maintaining
jukeboxes, mechanical devices or pool tables as defined in this article
must comply with the rules and regulations of the Haverford Township
Building Code,[1] i.e., means of ingress and egress, occupant load and location
of devices. If upon a site inspection by the Department of Code Enforcement
it is found that installing said devices would violate the Building
Code or the health, safety and welfare of patrons of said establishment,
the application shall be denied.
C.
This denial shall become final unless an appeal is
taken to the Zoning Hearing Board, Township of Haverford, Delaware
County, Pennsylvania, within 30 days of this denial. A notice of the
appeal with reasons therefor must be filed with the Director of Code
Enforcement and the Zoning Hearing Board of the Township of Haverford,
Delaware County, Pennsylvania, within the same period.
A.
Every operator desiring to register with and obtain
a license or licenses as required herein shall apply to the Department
of Code Enforcement. Application forms may be secured from said Department
and shall set forth the following information:
(1)
The name and business address of the operator.
(2)
The location or locations where each jukebox, mechanical
amusement device, pool table or similar machine or device is to be
displayed and maintained.
(3)
The type, manufacturer and serial number of each jukebox,
mechanical amusement device or pool table for which application is
being made.
(4)
Such other information as the Director may deem necessary
for the proper administration and enforcement of this article.
B.
Upon approval of the application, the Director shall
issue a license for each location where a jukebox, mechanical amusement
device or pool table is to be displayed or maintained and may also
issue a seal, stamp or decal to be affixed to each jukebox, mechanical
amusement device or pool table registered and licensed under this
article.
A.
Registration and license fees shall be paid by the
applicant to the Director, Department of Code Enforcement, at the
time that application is filed. Such fees shall be fixed by resolution
of the Board of Commissioners and may be amended from time to time.
[Amended 2-8-1993 by Ord. No. 2168]
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.
C.
In case of the loss, defacement or destruction of
any original license, seal, stamp or decal, the person to whom such
certification or seal was issued shall apply to the Director, who
will then issue a new license, seal, stamp or decal upon payment of
a fee set by the Board of Commissioners resolution as amended from
time to time.
[Amended 2-8-1993 by Ord. No. 2168]
A.
A copy of the license must be visibly posted upon
the premises where any jukebox, mechanical amusement device or pool
table is displayed or maintained for use and operation, and any seal,
stamp or decal which may be provided shall be affixed to the jukebox,
mechanical amusement device or pool table for which issued in accordance
with the directions of the Director.
B.
Any premises upon which any jukebox, mechanical amusement
device or pool table is displayed or maintained shall be open to examination
and inspection by duly authorized agents of the Department of Code
Enforcement during all hours that such premises are open to use by
the public.
C.
No mechanical amusement device or pool table shall
be used for gambling or other illegal purpose.
D.
The Department of Code Enforcement shall conduct routine inspections of all premises maintaining or operating mechanical amusement devices as defined in this article to ensure compliance with all applicable codes and ordinances of Haverford Township. As a result of said inspection, noncompliance with any and/or all sections of the aforementioned will result in the immediate suspension or revocation of the amusement license permitting the maintaining or operating of amusement devices as defined in this article. Failure to comply will result in the Department of Code Enforcement taking the necessary legal action, in accordance with § 47-8 of this article in order to abate any and/or all violations.
E.
Any premises or places of business primarily or substantially
devoted to the display or maintenance of mechanical amusement devices
or pool tables shall be subject to provisions of the Zoning Ordinance[1] relating to indoor recreational or amusement facilities.
For the purposes of this subsection, any premises upon which are displayed
or maintained more than three mechanical amusement devices and/or
pool tables shall be considered as being substantially devoted to
the display or maintenance of mechanical amusement devices or pool
tables.
Licenses issued under this article shall expire
on December 31 of each year. Application 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 person and location to which issued, and any transfer shall require amendment of the original application, approval by the Director and payment of the fee specified in § 47-4C above. A new seal, stamp or decal may be issued for a replacement for a jukebox, mechanical amusement device or pool table previously registered under this article only upon amendment of the original application, approval by the Director and payment of the fee specified in § 47-4C.
[Amended 6-13-1988 by Ord. No. 2019; 3-12-2012 by Ord. No.
2660]
Any person, firm or corporation violating any
provision of this article shall, upon summary conviction before any
District Justice of the Peace, pay a fine not exceeding $600 and costs
of prosecution; and in default of one payment of the fine and costs,
the violator may be sentenced to the county jail for a term of not
more than 30 days. Each and every day in which any person, firm or
corporation shall be in violation of this article shall constitute
a separate offense.
