[HISTORY: Adopted by the Township Council of Horsham Township 6-14-1983
by Ord. No. 130. Amendments noted where applicable.]
The provisions of this chapter are designed to promote and protect the
health, safety, morals and general welfare of the residents of Horsham Township
by regulating the installation and operation of juke boxes, mechanical or
electronic amusement devices, and similar machines or devices for entertainment
or amusement within the Township.
As used in this chapter, the following terms shall have the meanings
indicated:
Any music vending machine, contrivance, or device, which upon insertion
of a coin, slug, token, plate, disc, 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, 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, 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 natural person, firm, partnership, corporation, association,
or other entity displaying, or maintaining for use and operation, any juke
box, mechanical amusement device, 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 copartnership or association, shall mean the partners or members
thereof, and as applied to corporation, the officers thereof.
Any place authorized as such, by license.
Zoning Officer of Horsham Township or his designate.
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 juke
box and/or any mechanical amusement device in or upon any building, premises,
store or other public or quasi-public place, without first having registered
with and obtained a license from the Zoning Officer as prescribed herein.
A.
Any person(s) desiring to procure a license for a mechanical
or electronic device shall apply therefore in writing to the Zoning Officer
on forms to be prescribed by him, which shall set forth, among other information
deemed to be required and prescribed by the Zoning Officer, the following:
(1)
The name and address of the applicant, if an individual,
or if a partnership, association, or other entity, the names, residence addresses
and occupations of each member of the partnership, association, or other entity,
and if a corporation, the address of its registered office and principal place
of business, the names and addresses of its officers and directors.
(2)
The manufacturer, name, dimensions, serial number and
general description, including a statement of ownership, of each juke box,
or mechanical or electronic amusement device for which application is made.
(3)
The address of the place where the juke box or mechanical
or electronic amusement device is to be placed, possessed, kept, maintained,
exhibited, used or operated.
(4)
A floor plan of the building, premises, store or other
public or quasi-public place showing the proposed placement of the juke box,
mechanical or electronic amusement device, or similar machine or device and
indicating same as a supervised area, no loitering to be permitted on the
premises.
(5)
Authorization for the Fire Marshal, or other duly authorized
Township official, to inspect the building premises, store or other public
or quasi-public place for which the application is sought.
(6)
Compliance with all Township zoning requirements.
B.
Such information shall be furnished over the signature
of the applicant, and shall be made under oath, or affirmation.
C.
No license shall be granted until a period of 10 days
shall have elapsed from the date of application, during which time the Zoning
Officer, or other Township official, may, at his/their discretion, investigate
the facts set forth in the application.
D.
Upon approval of the application, the Zoning Officer
shall issue a license for each location where a juke box, mechanic or electronic
amusement device, is to be displayed or maintained, and may also issue a seal
to be affixed to each juke box, mechanical or electronic amusement device,
registered and licensed under this chapter.
E.
An applicant whose application has been denied by the
Zoning Officer shall have the right to have the denial reviewed by the Council
upon filing of a written notice of appeal within 30 days after notice of denial.
A.
Registration and license fees shall be paid by the operator
to the Zoning Officer at the time that application is filed. Such fees shall
be as set from time to time by resolution of the Township Council.
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 for that device as set from time
to time by resolution of the Township Council.
C.
In the case of the loss, defacement, or destruction of
any original license or seal, the person to whom such certificate or seal
was issued shall apply to the Zoning Officer, who will then issue a new seal
or license upon payment of a fee as set from time to time by resolution of
the Township Council.
D.
Where an application has been denied by the Zoning Officer,
and said determination is affirmed by the Council, the registration and license
fees shall be refunded to the applicant.
A.
A copy of the license must be visibly posted upon the
premises where any juke box, mechanical or electronic amusement device is
displayed, or maintained for use and operation, and the seal which will be
provided shall be affixed to the juke box, mechanical or electronic amusement
device for which issued in accordance with the directions of the Zoning Officer.
B.
Any premises upon which any juke box, mechanical or electronic
amusement device is displayed or maintained shall be open to examination and
inspection by duly authorized agents of Horsham Township and/or the Horsham
Township Police Department, during all hours that such premises are open to
use by the public.
C.
No mechanical or electronic amusement device shall be
used for gambling or other illegal purposes.
D.
Any operator granted a license shall not permit the operation
of any device, except between the hours of 10:00 a.m. and 12:00 midnight only,
subject to the following:
(1)
Games shall not be operated by any children currently
attending elementary, middle, junior high or high schools during school hours
when schools are in session.
(2)
Games shall not be operated after 10:00 p.m. on Sundays
through Thursdays by any person under the age of 18 years when schools are
in session the following day.
(3)
Games shall at no time be operated after 10:00 p.m. by
any person under the age of 16 years unless accompanied by and under the supervision
of a parent or guardian.
(4)
The aforesaid time limitations on operation shall not
apply to premises licensed for on-premises consumption of alcoholic beverages
provided persons under the legal drinking age are prohibited from operating
amusement games on the premises at all times.
E.
After the Horsham Township Police Department has responded
to complaints pertaining to disturbances related to the operation of such
devices at any licensed premises, the Council will have the right to review
the complaints, and, if determined that the complaints are legitimate, Council
will have the right to suspend licensure and enforce removal of all devices
from the licensed premises for the remainder of that calendar year.
F.
The operator of any premises where a mechanical or electronic
amusement device is located shall maintain adequate supervision of the premises
at all times when the games are in operation. No such device shall be available
for use or operation, unless it is under the control of and supervision by
one or more persons over the age of 18 years who shall insure that it is operating
in compliance with this chapter.
G.
No juke box or mechanical or electronic amusement device
shall be placed within 10 feet of any exterior doorway.
H.
Each juke box or mechanical or electronic amusement device
must have a minimum of 15 square feet of floor area.
Licenses issued under this chapter expire on June 30 of each year. Applications
for renewal, accompanied by the required annual fee, shall be submitted in
the month of June 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 Zoning Officer and payment of the fee specified in § 68-5B above. A new seal may be issued for a replacement for a juke box, mechanical or electronic amusement device previously registered under this chapter only upon amendment of the original application, approval by the Zoning Officer and payment of the fee specified in § 68-5C above.
B.
All licenses issued pursuant to the provisions of this
chapter are subject to suspension or revocation by Council upon any of the
following conditions:
(1)
Willful misrepresentation made by the operator and/or
his agent in applying for the license.
(2)
Conviction of the operator for any felony or misdemeanor
involving force, violence, moral turpitude, or involving any violation of
this chapter or other provisions of the Horsham Township Code, or other state
or federal laws pertaining to the operation of the business.
C.
Prior to any action suspending or revoking any license,
Council shall give the operator written notice of such action, affording an
opportunity to the operator to correct any such deficiencies forming the basis
for the suspension or revocation.
A.
Anyone who violates any of the provisions of this chapter
shall, upon conviction before a District Justice, be subject to a penalty
of not less than $200 nor more than $500, plus costs of prosecution, and,
in default of payment of such fine and costs, to imprisonment not to exceed
30 days, or both such fine and imprisonment. Each day that a violation continues
may be regarded as a separate offense and punishable as such.[1]
B.
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 chapter and licensee shall be liable to prosecution
under this chapter, in addition to appropriate criminal proceedings.
