[HISTORY: Adopted by Board of Commissioners
of the Township of Springfield 7-13-1982 as Ord. No. 1063. Amendments
noted where applicable.]
GENERAL REFERENCES
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.
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.
Any place authorized as such, as a special exception, by
the Zoning Hearing Board.
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.
A.
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:
(1)
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.
(2)
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.
(3)
The type, manufacturer and serial number of each jukebox,
mechanical device or pool table for which application is made.
B.
No device shall be placed within 10 feet of any doorway.
C.
Such information shall be furnished over the signature
of the applicant and shall be made under oath or affirmation.
D.
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.
F.
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]
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. 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.
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.
B.
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.
C.
No mechanical or electronic device or pool table shall
be used for gambling or other illegal purposes.
D.
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.
E.
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.
F.
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.
