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§ 9-709. Amusement Devices. 971
(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 972 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) 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. 973
(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.
Added, 1979 Ordinances, p. 256; amended by deleting subsection (12), 1990 Ordinances, p. 715.
Enrolled bill at 1979 Ordinances, p. 256, omitted the word "when".
Amended, 1988 Ordinances, p. 339; amended, 1992 Ordinances, p. 550.