(1) An amusement device is any coin-operated or mechanical machine or
similar equipment which is used by a patron for his or her amusement. Juke
boxes, amusement devices located in establishments regulated by the Liquor
Control Board of the Commonwealth and vending machines used for the dispensing
of goods are exempt from this Section.
(2) It shall be unlawful to keep
or maintain any place for the use by the general public where three or more
amusement devices are kept for hire or reward for the use thereof, except
when
[616] a license therefor shall
have been previously obtained. This provision shall apply also to establishments
where amusement devices have been placed prior to the enactment of this Section
and remain in operation. Existing establishments shall have a ninety (90) day
period after enactment of this Section to obtain the appropriate
license.
(3) Said licenses shall be granted only by the Department of
Licenses and Inspections.
(4) Every person intending to apply for such a
license after the passage of this Section shall file an application with the
Department of Licenses and Inspections. This application shall be filed before
the applicant places or causes the placing of an amusement device in any
premises.
(5) Every application for amusement device license shall
contain:
(a) the name and address of the applicant or
applicants;
(b) the premises for which the license(s) is (are) sought
and the number of devices to be kept therein;
(c) the name of the owner
of the premises proposed to be licensed.
(6) Every premises licensed
under the terms of this section shall comply with the following
requirements:
(a) No loitering shall be permitted within the licensed
premises or within the sidewalk area immediately adjacent to said
premises;
(b) No minors shall be permitted within the licensed premises
in violation of Chapter 10-300 of The Philadelphia Code;
(c) No audio
speaker(s) or equipment shall be installed inside or outside of the licensed
premises which is (are) intended to cause music, voices or other sounds to
emanate to the exterior of the premises; and,
(d) No activity relating
to the operation of the licensed premises shall be permitted which disturbs the
peace and quiet of the surrounding neighborhood or which endangers the public
health, safety or general welfare.
(7) Failure to comply with the above
listed requirements may result in a suspension and/or revocation of the
amusement device license by the Commissioner of the Department of Licenses and
Inspections, after a public hearing by the Board of Licenses and Inspections
Review.
(8) Any citizen of full age, residing in the immediate vicinity
of the licensed premises may file a written complaint against the licensee
stating the nature of the problem and/or violations of this Section resulting
from the operation of said premises. The Commissioner of Licenses and
Inspections shall have the power to order a public hearing before the Board of
Licenses and Inspections Review to determine whether the license shall be
suspended or revoked.
(9) Said license shall not be transferable to any
other premises or any other persons, except that it may be transferred to the
legal representatives of any deceased licensee, purchaser at any insolvent or
bankrupt sale or to the purchaser or lessee of said premises for which the
license has been issued.
(10) Application fee. An application fee of
twenty-five dollars ($25.00) shall be paid at the time of application for a
license as provided for in this section. This fee shall be paid to cover the
administrative costs of the Department of Licenses and Inspections and shall not
be refundable if said license is denied, suspended or
revoked.
[617] (11) Appeals.
Any person or persons feeling aggrieved at the action of the Department of
Licenses and Inspections, because of the rulings of said Department, may appeal
within thirty days to the Board of Licenses and Inspections Review.