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§ 9-707. Reserved. 986

 

Notes

986
   Repealed, 1967 Ordinances, p. 388.
§ 9-708. Reserved. 987

 

Notes

987
   Amended, 1962 Ordinances, p. 2; amended by deleting subsection (6), 1990 Ordinances, p. 715; repealed, Bill No. 171123 (approved March 14, 2018).
§ 9-709. Amusement Devices. 988
   (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 989 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. 990
   (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.

 

Notes

988
   Added, 1979 Ordinances, p. 256; amended by deleting subsection (12), 1990 Ordinances, p. 715.
989
   Enrolled bill at 1979 Ordinances, p. 256, omitted the word "when".
990
   Amended, 1988 Ordinances, p. 339; amended, 1992 Ordinances, p. 550.
§ 9-710. General Admission or Festival Seating. 991
   (1)   Definitions. 992
      (a)   Admission Charge or Cover Charge. The regular monetary charge received from the public by the owners and/or operators of a place of assembly for the privilege to enter upon the premises.
      (b)   Festival seating. A type of unreserved or general admission seating offered in a public place of assembly whereby the ticket holder is not assigned a specified seat in which to sit during the time of assembly and is offered a choice of any unspecified seat or an unspecified location in which to stand during that assembly.
      (c)   Public place of assembly. Any theater, arena, stadium, concert hall or other public place of assembly having a total seating capacity, as determined by the Fire Code, of 2,000 persons or more.
      (d)   Sponsor. Any person, group, club, association, partnership, limited partnership, corporation or other entity which arranges for and promotes an event which is to be held at a public place of assembly.
   (2)   General Provisions.
      (a)   The sponsor of an event which is to be held at a public place of assembly where tickets are offered for sale for festival seats shall be required to submit to the Licenses and Inspections Commissioner or his designee a detailed security and crowd control plan, including but not limited to:
         (.1)   number of tickets to be sold, including a breakdown of the number of tickets sold for reserved and festival seating;
         (.2)   amount of space and plan of area where festival seating would take place;
         (.3)   number of entrances to be opened for admittance to building, and, if applicable, the number of entrances to be used solely for admission to the festival seating area or areas;
         (.4)   number of staff, including security personnel, at each entrance.
      (b)   Plans as required by subsection 9-709(2)(a) shall be submitted to the Department of Licenses and Inspections at least 10 days prior to the date of the event, or in the case of an event which is to be held on multiple dates, at least 10 days prior to the first day of the event.
      (c)   The Department of Licenses and Inspections shall notify the Police Department of the receipt of plans as required in 9-710(2)(a) and shall forward copies of these plans to the Fire Department and Police Department for approval.
      (d)   The Commissioner of Licenses and Inspections or his designee shall have the authority to order additional staffing at entrances as well as the placement of barriers, or removal of barriers as required, or any additional authority needed to insure the safety of the patrons.
      (e)   The sponsor of the event shall print on the ticket the time at which patrons shall be permitted to enter the facility.
         (.1)   The sponsor shall be prepared to open the doors at least two hours ahead of the scheduled opening if necessary, or if directed to do so by the City, to avoid risk of substantial danger or injury to persons or property.
      (f)   The provisions contained in this Section shall be in addition to the requirements and other provisions set forth under other Sections of this Chapter applicable to the particular event which is being held.
      (g)   Nothing in this Section shall be construed in any way as limiting in any fashion whatsoever the liability of those responsible for the management and operations of the event, including the employment of adequate personnel for security, safety, health and sanitation.
      (h)   The existence of an admission charge or cover charge must be conspicuously displayed at the entrance of the place of assembly. 993
      (i)   Any place of assembly as defined in Title 4, 994 the Building Code, which levies an admission or cover charge shall provide the customer with a prenumbered receipt. The receipt shall indicate what benefits, if any, are provided with the payment of the admission or cover charges. 995
         (.1)   Admission Charges shall be subject to the provisions of Chapter 19-600 of The Philadelphia Code entitled Amusement Tax.
   (3)   Penalties.  996 In addition to any penalties imposed under Section 9-105, any sponsor found guilty of violation of this Section shall be prohibited from holding any future festival seating event in the City of Philadelphia, for a period of two (2) years.
   (4)   Enforcement. The Department of Licenses and Inspections shall enforce all provisions of this Section.

 

Notes

991
   Added, 1980 Ordinances, p. 72.
992
   Bill No. 907 (approved February 16, 1995), 1995 Ordinances, p. 48, added definition (a) and renumbered existing subsections (a) through (c).
993
   Added, Bill No. 907 (approved February 16, 1995), 1995 Ordinances, p. 48. Section 2 of the Ordinance provides that it takes effect in 60 days.
994
   Referenced material now appears in Title 4, Subcode B.
995
   Added, Bill No. 907 (approved February 16, 1995), 1995 Ordinances, p. 48. Section 2 of the Ordinance provides that it takes effect in 60 days.
996
   Amended, 1990 Ordinances, p. 715.
§ 9-711. Local Option Small Games of Chance. 997
   (1)   The Department of Licenses and Inspections ("Department") is designated as the licensing authority for the City under the Local Option Small Games of Chance Act ("Act") (10 P.S. §§ 311 et seq.). The Department shall have all the powers and shall carry out all the duties the Act prescribes for licensing authorities.
   (2)   Eligible organizations, as defined under the Act, shall apply to the Department on the form prescribed by the Secretary of Revenue for a license to conduct or operate any games of chance within the City. As set forth in the Act, each eligible organization shall pay an annual license fee of one hundred dollars ($100), except the annual license fee for a limited occasion license shall be ten dollars ($10).
   (3)   The Department shall also issue special permits for raffles in which a licensee proposes to award individual prizes having a cash value in excess of five hundred dollars ($500). In accordance with the Act, the Department shall by regulation establish a fee for such special permits, not to exceed twenty-five dollars ($25).
   (4)   Issuance, revocation, and non-renewal of licenses and permits under this Section shall be governed by the provisions of the Act.

 

Notes

997
   Added, Bill No. 010010 (approved June 4, 2001).