[HISTORY: Adopted by the Council of the Borough of Sharon
Hill 1-13-1982 by Ord. No. 1107 (Ch. 35 of the 1972 Code). Amendments
noted where applicable.]
The short title of this chapter shall be "Amusements and Amusement
Businesses."
[Amended 1-10-1991 by Ord. No. 1206]
As used in this chapter, the following terms shall have the
meanings indicated:
Includes jukeboxes, mechanical or electrical amusement devices,
pool tables or other similar machines or devices as defined herein.
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 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, amusement or skill, 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 the primary
purpose of which is to dispense merchandise such as candy, cigarettes
or other tangible personal property.
Any person, firm, partnership, corporation or association
displaying or maintaining for use and operation any jukebox, mechanical
or electronic amusement device or pool table or otherwise permitting
the use or operation of such devices for a fee or charge. This term
encompasses 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
or fee, whether or not operated by insertion of a coin, slug, token,
plate, disk or key into any slot, crevice or other opening.
[Amended 1-10-1991 by Ord. No. 1206]
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 amusement device without first obtaining a license as prescribed
herein.
A.
License fees shall be paid by the operator at the time that the application
is filed. Such fees shall be as set from time to time by the Borough
Council for each jukebox, pool table, mechanical or electronic amusement
device per year or fraction thereof.
[Amended 4-11-1985 by Ord. No. 1146; 1-10-1991 by Ord. No. 1206; 5-24-2012 by Ord. No. 1359]
B.
No deductions or refunds of any fee shall be granted in case of a
fee payable for less than a full calendar year.
[Amended 4-11-1985 by Ord. No. 1146; 1-10-1991 by Ord. No. 1206]
C.
All license fees shall be payable annually in advance and shall accompany
the application, 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 a proportionate part of
the annual fee.
D.
All licenses shall expire on the 31st of December of each year.
[Amended 5-14-1987 by Ord. No. 1169]
This chapter will limit the number of amusement devices allowed
in each establishment to four, provided that such use in said establishment
has been approved by the Borough.
The provisions of this chapter requiring license fees shall
not apply to any governmental organizations which operate a coin-operated
amusement device exclusively for the use of the children of Borough
residents and on premises owned or controlled by the Borough.
A.
Each application for a license hereunder shall be filed with the
Borough Manager in duplicate and shall specify:
(1)
The name, address, social security number and telephone number of
the applicant and, if a firm, corporation, partnership or association,
the principal officers thereof and their addresses, social security
numbers and telephone numbers.
(2)
The addresses 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 name, address and social security number of the registered agent
of the applicant upon whom service or process is authorized to be
made.
(4)
The name, address, social security number and telephone number of
the manager of the applicant who shall be in charge of the applicant's
business in the Borough of Sharon Hill.
(5)
With respect to each person whose name appears on the application:
(a)
The fact of conviction in any jurisdiction of any offense which
under the laws of Pennsylvania is denominated a felony, a misdemeanor
or an offense involving moral turpitude, with a full disclosure of
the nature of the offense, time and place of commission, legal proceedings
and penalty imposed.
(b)
Each such person shall voluntarily submit to the taking of his
fingerprints so that a proper investigation will be expedited.
B.
The trade name and general description of the device or devices to
be licensed, the name of the manufacturer and the serial number of
each such device.
C.
The application shall contain a certification, under oath, made by
the applicant that the information contained in the application is
complete, accurate and truthful to the best of his knowledge and belief.
D.
The name, address and telephone number of the distributor.
A.
The Borough Manager shall promptly forward a copy of the application
to the Chief of Police so that the Chief of Police and Borough Manager
can investigate, review and report on same.
B.
The purpose of this investigation shall be to establish that the
applicant is capable of conducting the proposed business of distributing
or operating amusement devices within the Borough in a manner consistent
with the public safety, good morals and general welfare of the community
and that all those persons involved in such business can reasonably
be expected to operate the proposed business in accordance with law
and free from gambling and other illegal or immoral conduct and unwarranted
noise and commotion.
C.
No proprietor's license shall be granted unless the licensed
premises shall meet all requirements of the Fire, Housing, Building,
Sanitary, Electrical, Plumbing and Zoning Codes of the Borough of
Sharon Hill.
A.
If the application is approved, the license shall be issued by the
Borough Manager, and the fee shall be remitted to the Borough Manager.
B.
If the license is denied, 75% of the fee shall be returned to the
applicant, the balance going to offset the costs of the investigation.
The grounds for denial shall be set forth in writing. The applicant
shall be entitled to a hearing before the Borough Manager within 30
days of the denial of the license, at which time he may submit pertinent
information on his behalf. The applicant shall be given 10 days'
notice of the date of such hearing.
A.
Any proprietor who owns such device or devices at the time this chapter
becomes effective shall file with the Borough Manager evidence of
such ownership prior to the issuance of a license.
B.
Any proprietor purchasing a device or devices after the effective
date of this chapter shall file with the Borough Manager evidence
of ownership thereof before exhibiting or placing said device or devices
for use or play.
A.
In the case of proprietors, the license shall be posted in a conspicuous
place in the establishment of the licensee.
B.
In the case of distributors, the license number assigned to each
device shall be permanently affixed to said device so that it can
be easily ascertained.
C.
All licenses shall be nonassignable and nontransferable.
A.
No proprietor holding a license to operate coin-operated amusement
devices shall permit a person under 16 years of age to play or operate
a coin-operated amusement device unless such person is accompanied
by his parent or legal guardian. This limitation shall not apply to
the use of jukeboxes or to the use of mechanical carousel horses or
similar amusement devices designed especially for the amusement of
children.
B.
The proprietor shall not permit any person to bet or gamble on the
licensed premises.
C.
The proprietor shall at all times maintain good order and shall not
permit any disturbance, congestion or loitering upon the licensed
premises.
D.
No music machine shall be operated in a manner to be heard out-of-doors.
E.
No licensed premises shall be without adequate sanitary facilities
nor contain any fire, safety or health hazard.
F.
Each distributor and/or proprietor shall, within five days, report,
in writing, to the Borough Manager any change by addition or deletion
of the information furnished on the license application during the
term of any license or renewal thereof.
G.
No distributor or proprietor shall refuse to cooperate fully with
the Borough Manager and any law enforcement officer or agency.
All members of the Borough Police Department, including special
officers, are authorized to enforce the provisions of this chapter.
A.
Every license issued hereunder is subject to revocation by the Borough
Manager for the violation of any of the provisions of this chapter.
Any material misstated or omitted in the license application shall
constitute grounds for revocation. The revocation shall occur only
after a hearing.
B.
The licensee shall be given 10 days' notice of the date of such
hearing, and such notice shall state the grounds therefor. At such
hearing the licensee may submit pertinent information on his own behalf.
A.
Any person who shall be convicted of a violation of any of the provisions
of this article before any Magisterial District Judge shall be sentenced
to pay a maximum fine as provided from time to time by state statute,
together with costs of prosecution, or to imprisonment in the county
jail for a term not to exceed 30 days, or both. A separate offense
shall be deemed committed on each day during or on which a violation
occurs or continues.
[Amended 7-14-1988 by Ord. No. 1180]
B.
Upon such conviction, no licensee shall thereafter transact the business
of distributing or operating coin-operated amusement devices in the
Borough.
