[HISTORY: Adopted by the Borough Council of the Borough of Prospect Park 2-11-1964 as Ord. No. 819, approved 2-11-1964. Amendments noted where applicable.]
GENERAL REFERENCES
Amusement tax — See Ch. 151, Art. I.
A. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
[Amended 12-8-1981 by Ord. No. 1009, approved 12-8-1981[1]]
MECHANICAL AMUSEMENT DEVICE
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 not include devices or machines which dispense merchandise, such as candy, cigarettes, etc.
PERSON
Every natural person, copartnership, association or corporation, and whenever used in any clause prescribing or imposing a penalty, the term, as applied to copartnership or associations, shall mean the partners or members thereof and, as applied to corporations, the officers thereof.
[1]
Editor's Note: Section 12 of this ordinance reads as follows:
"Section 12. Effective Date.
     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 thirty (30) days of the first reading date this ordinance takes effect."
B. 
Word usage. In this chapter, the singular shall include the plural and the masculine shall include the feminine and the neuter.
From and after the 11th day of February 1964, no person may at any time have in his possession, at any place within the Borough of Prospect Park, any mechanical amusement device without first having procured a license therefor from the Borough Secretary.
[Amended 4-14-1964 by Ord. No. 820, approved 4-14-1964]
A. 
Any person desiring to procure a license for a mechanical amusement device shall apply therefor, in writing, to the Borough Secretary. Such application shall set forth the name of the applicant, the name and business address of the operator, the locations or location for each mechanical amusement device or similar machine device that is to be displayed and maintained, the number and character of devices to be installed, the type, manufacture and serial number of each mechanical amusement device for which application is being made and such other information as the Secretary may deem necessary for the proper administration and enforcement of this chapter. Such information shall be furnished over the signature of the applicant and shall be made under oath or affirmation.
[Amended 12-8-1981 by Ord. No. 1009, approved 12-8-1981[1]]
[1]
Editor's Note: Section 12 of this ordinance reads as follows: "Section 12. Effective Date. 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 thirty (30) days of the first reading date this ordinance takes effect."
B. 
No license shall be granted until a period of 10 days shall have elapsed from the date of the application, during which time the Secretary shall have the Code Enforcement Officer investigate the facts set forth in the application.
[Amended 12-8-1981 by Ord. No. 1009, approved 12-8-1981[2]]
[2]
Editor's Note: Section 12 of this ordinance reads as follows:
"Section 12. Effective Date.
     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 thirty (30) days of the first reading date this ordinance takes effect."
C. 
Any person granted a license for a mechanical amusement device shall not permit the operation thereof by any person under the age of 18 years.
Nothing in this chapter shall be in any way construed to authorize, license or permit any gambling device whatsoever, or any machine or mechanism that has been judicially determined to be a gambling device, or in any way contrary to law or that may be contrary to any future law of the Commonwealth of Pennsylvania.
A. 
Following the waiting period set forth in § 50-3 of this chapter, upon payment by the applicant of the license fee as fixed and amended from time to time by resolution of the Borough Council,[1] for every mechanical amusement device sought to be licensed and upon receipt of the report from the Code Enforcement Officer indicating approval of the application, a license may be issued by the Secretary to the applicant. Such license shall be conspicuously displayed at all times at the location of any such mechanical amusement devices.
[Amended 12-8-1981 by Ord. No. 1009, approved 12-8-1981; 12-14-1993 by Ord. No. 1147, approved 12-14-1993[2]]
[1]
Editor's Note: Said fees resolution is on file in the Borough Secretary's office.
[2]
Editor's Note: This ordinance also provided that the fees originally set forth shall remain in full force and effect until the Borough Council enacts changes by resolution.
B. 
Such license shall be valid for the entire calendar year for which it is issued and shall expire following the last day of such calendar year.
C. 
Such license shall authorize the installation or location and use upon the premises specified therein, with the number of mechanical amusement devices for which the aforesaid license fee shall have been paid. No exchange or change of mechanical amusement devices shall be made upon the premises without reapplication to the Borough Secretary for the approval of such change. In the case of the loss, defacement or destruction of any original license, the person to whom such justification or seal was issued shall apply to the Borough Secretary, who will then issue a new license upon the payment of the fee of $5.
[Amended 12-8-1981 by Ord. No. 1009, approved 12-8-1981[3]]
[3]
Editor's Note: Section 12 of this ordinance reads as follows:
"Section 12. Effective Date.
     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 thirty (30) days of the first reading date this ordinance takes effect."
D. 
Any premises or places of business, primarily or substantially devoted to the display or maintenance of mechanical amusement device shall be subject to the provisions of the Zoning Ordinance relating to indoor recreational or amusement facilities. For the purpose of this subsection, any premises upon which are displayed or maintained more than three mechanical amusement devices shall be considered to be substantially devoted to the display or maintenance of mechanical amusement devices or pool devices.
[Added 12-8-1981 by Ord. No. 1009, approved 12-8-19816]
Prior to the expiration date of any license issued under this chapter, the holder of such license shall apply to the Secretary for a license for the following year. The same provisions shall govern the issuance of such license as are set forth in the preceding sections of this chapter.
The Borough Police, under the direction of the Mayor, shall make periodical inspections of mechanical amusement devices licensed under this chapter.
A. 
Any license issued under this chapter shall be exhibited at any time on request of the Mayor or any police officer of the Borough.
B. 
The Mayor may revoke any license hereunder granted when he deems such revocation to be necessary for the benefit or protection of the public health, safety or morals.
[Adopted 4-4-1977 by Ord. No. 948, approved 4-4-1977]
Any person who shall violate any provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $300 and costs of such proceedings or, upon default of payment of such fine and costs, by imprisonment in the county jail for a term of not more than 30 days. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
[Added 12-8-1981 by Ord. No. 1009, approved 12-8-1981[1]]
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 secretary and payment of the fee specified in § 50-5A above. A new license may be issued for a mechanical device previously registered under this chapter and only upon amendment or a new application approved by the Borough Secretary and payment of the fees specified in § 50-5.
[1]
Editor's Note: Section 12 of this ordinance reads as follows:
"Section 12. Effective Date.
     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 thirty (30) days of the first reading date this ordinance takes effect."