City of Monessen, PA
Westmoreland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Monessen as indicated in article histories. Amendments noted where applicable.]
[Derived from Ch. XIV, Part 1, of the 1964 Code of Ordinances of the City of Monessen]

§ 126-1 Definitions; word usage.

A. 
Unless otherwise herein expressly stated, as used in this article, the following terms shall have the meanings indicated:
PERSON
Includes any natural person, partnership, association, firm or corporation.
B. 
In this article, the singular shall include the plural and the masculine shall include the feminine and the neuter.

§ 126-2 License tax imposed on bowling alleys and pool tables.

A. 
The following license taxes are hereby imposed for general revenue purposes:
(1) 
On each bowling alley installed for use within the City of Monessen, per calendar year or portion thereof: as set forth from time to time by resolution of the City Council. Where more than one bowling alley is installed for use in any one establishment, the license tax for the first of such alleys shall be as set forth from time to time by resolution of the City Council per calendar year or portion thereof, and the license tax for each additional alley in any one establishment per calendar year or portion thereof shall be as set forth from time to time by resolution of the City Council.
(2) 
On each pool table installed for use within the City of Monessen, per calendar year or portion thereof: as set forth from time to time by resolution of the City Council. Where more than one pool table is installed for use in any one establishment, the license tax for the first of such pool tables shall be as set forth from time to time by resolution of the City Council per calendar year or portion thereof, and the license tax for each additional pool table in any one establishment per calendar year or portion thereof shall be as set forth from time to time by resolution of the City Council.
B. 
No license tax shall be imposed under this article upon any bowling alley or pool table, wherever located or used, for the use of which no fee is charged or collected.

§ 126-3 Payment of annual license tax.

The license tax imposed under this article shall be payable to the City Clerk by the person operating or managing the bowling alley or pool table, as the case may be, unless such license tax shall first have been paid by the person owning or leasing such bowling alley or pool table. Such license tax shall be due and payable annually on or before July 1, so long as the bowling alley or pool table remains installed for use. In the case of any bowling alley or pool table installed for use after July 1 of any year, such license tax shall be payable at the time of installation and thereafter on or before July of succeeding years. No deduction or refund of any license tax imposed under this article shall be granted in the case of any bowling alley or pool table installed for less than a full calendar year or in the case of any bowling alley or pool table destroyed, stolen, sold or otherwise disposed of or transferred after payment of the license tax.

§ 126-4 Certificates and seals.

A. 
The City Clerk shall procure, at the expense of the city, a sufficient number of certificates, on each of which the following information shall be printed or inserted in ink or by typewriter: the name of the city; the number of the certificate; the year for which the license tax shall have been paid; the date on which the license tax shall have been paid; the type of device for which the license tax shall have been paid; the date when the license shall have been issued; and the amount of license tax paid.
B. 
Whenever any license tax shall have been paid under this article, the City Clerk shall prepare in duplicate a certificate. The original of such certificate, to which the City Seal shall be affixed, shall be given to the person paying the license tax, and the duplicate thereof shall be kept on file by the City Clerk.
C. 
The City Clerk shall also procure and give to each person paying such license tax a gummed seal to be affixed to each device for which a license tax shall have been paid. Such seal shall indicate the year for which the tax shall have been paid, whether for a bowling alley or a pool table, and the certificate number.
D. 
In the case of the loss, defacement or destruction of any original certificate or seal, the person to whom such certificate or seal was issued shall apply to the City Clerk, who may issue a new certificate or seal upon payment of a fee as set forth from time to time by resolution of the City Council and who shall amend the duplicate of the certificate first issued in case of a new certificate that has been issued.
E. 
In the case of the removal of a bowling alley or pool table for which a license tax hereunder has been paid or in the case of a change in the identity of the person operating or managing such bowling alley or pool table, such fact shall be reported within five days to the City Clerk, who shall immediately amend the certificate and the duplicate certificate. No such report or amendment of certificate shall be required in the case of temporary removal of a bowling alley or pool table for any period of 10 days or less, where the license tax on such bowling alley or pool table shall have been previously paid for that year.

§ 126-5 Confidential nature of information gained.

Any information gained by the City Clerk or any other official or agent of the city as a result of any returns, investigations or verifications required or authorized by this article shall be confidential, except for official purposes, and except in accordance with proper judicial order or as otherwise provided by law. Any disclosure of any such information contrary to the provisions of this section shall constitute a violation of this article.

§ 126-6 Penalty added to unpaid license tax.

If any license tax imposed by this article shall not be paid when due, a penalty of 10% of the amount of such license tax due and unpaid shall be added thereto.

§ 126-7 Recovery of unpaid license taxes and penalties.

All license taxes imposed by this article, together with all penalties, shall be recoverable by the City Solicitor, as other debts of like amount are recoverable.

§ 126-8 Violations and penalties. [1]

Any person convicted for violation of or failure to carry out any of the provisions or requirements of this article shall, upon conviction thereof in a summary proceeding before any District Justice having jurisdiction of such offense, be sentenced to pay a fine of not more than $300 and costs of prosecution for every such offense and, in default of payment of such fine and costs, to imprisonment for not more than 90 days, or both. Such fine or penalty shall be in addition to any other penalty imposed by any other section of this article.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Adopted 4-14-1982 by Ord. No. 2-1982]

§ 126-9 License required.

No person shall at any time have in his possession within the city any mechanical device, machine or apparatus whatsoever for the playing of games and amusement, said mechanical devices, etc., being commonly known as "pinball" machines and/or "video, computer or electronic games" upon which baseball, football and other games are played through the insertion therein of a coin or any other metal disc, slug or token whatsoever, without first having procured a license therefor.

§ 126-10 Contents of application.

A. 
Any person desiring to procure a license as provided in § 126-9 of this article shall apply therefor in writing to the City Clerk/City Administrator.
B. 
Such application shall set forth the name and residence of the person so applying, together with the present and previous occupation of the applicant and the length of residence at the present and at the previous place of residence; the name of the owner of the premises upon which the aforesaid machines are to be used and installed, and if the owner of the premises is not the applicant, then the applicant shall set forth the length of time for which the premises has been leased. The application shall also set forth the manufacture and nature of the machine to be installed and used.

§ 126-11 Application made under oath.

The information required in § 126-10 of this article shall be furnished over the signature of the applicant and shall be made under oath before the City Clerk.

§ 126-12 Period between application and granting; investigation.

No application shall be granted by the City Clerk until a period of seven days shall have elapsed from the date of application, during which time he may, at his discretion, investigate the facts set forth in the application.

§ 126-13 Fees.

[Amended 1-15-1992 by Ord. No. 2-1992; 12-28-1994 by Ord. No. 15-1994; 2-18-1998 by Ord. No. 5-1998]
A. 
No license shall issue until an annual fee therefor has been paid to the city for each and every machine below described. Said amount shall be a license fee for the calendar year January 1 through December 31, or any fraction thereof. The rates established for the machine shall be as follows:
(1) 
Electrical devices, including but not limited to pinball machines, dart machines, video machines and/or video computer machines, per machine: as set forth from time to time by resolution of the City Council.
(2) 
Any other device, including but not limited to jukeboxes, bowling machines, billiard tables and pool tables, per machine: as set forth from time to time by resolution of the City Council.
(3) 
Video games of the poker and fruit variety, per machine: as set forth from time to time by resolution of the City Council.
B. 
Proof of payment of the licensing fee shall be conspicuously and prominently displayed on each machine while said machine is situate within the City of Monessen. Payment is due in full upon billing.

§ 126-14 Relocation of machines.

Should any machine for which license has been granted, as aforesaid, be moved to another location, notice of such removal or any subsequent removal shall immediately be given the Mayor by the licensee.

§ 126-15 Gambling devices.

Nothing in this article shall in any way be construed to authorize, license or permit any gambling devices whatsoever or any mechanism that has been judicially determined to be a gambling device or in any way contrary to law or that may be contrary to any future laws of the Commonwealth of Pennsylvania.

§ 126-16 Compatibility with current zoning requirements. [1]

In establishments in areas of the city with a more restrictive zoning classification than a C2 designation, no more than three mechanical devices shall be permitted. In areas with a C2 designation or a less restrictive classification, this three-machine limit shall not apply. In accordance with current zoning requirements, an arcade or an establishment containing more than three mechanical devices shall not be permitted in areas not zoned for this activity or in areas classified as S, R1, R2, R3, R4 or C1 areas.
[1]
Editor's Note: See Ch. 375, Zoning.

§ 126-17 Issuance of license; transferability; fee.

Upon the payment of the license fee provided by this article, the City Clerk shall issue a license setting forth the number of the license for each machine so licensed, which said license shall be attached and fastened to the framework under glass to the respective machine or device so that the same may be clearly observable and readable. A fee as set forth from time to time by resolution of the City Council shall be charged for the transfer of license from an abandoned machine to a new or other machine, under city supervision.

§ 126-18 Violations and penalties; enforcement.

[Amended 12-28-1994 by Ord. No. 15-1994]
A. 
Penalties. Except where specific maximum penalties are provided elsewhere in this Code, in a law of the commonwealth uniformly effective for political subdivisions or in another ordinance of the city for a particular violation, any person who shall violate any provision of this Code, any provision of any code or other regulation adopted by reference by this Code or any provision of any other city ordinance referring to this article, by doing any act prohibited or declared to be unlawful thereby or declared to be a violation thereby, or who shall engage in or exercise any business or occupation or do anything for which a license or permit is required thereby without having a valid license or permit therefor as required, or who shall fail to do any act required by any such provision, or who shall fail to do any act where such provision declared such failure to be unlawful or to be a violation shall, upon an adjudication and a finding of a violation, pay a civil penalty not to exceed $500 for a violation of this Code or the City Code of the Commonwealth of Pennsylvania, costs of prosecution, attorney's fees where authorized, all collectible as provided by law.
B. 
Designation of violations; proceedings. Unless otherwise prescribed by a general law of the Commonwealth of Pennsylvania, any violation of a provision of this Code shall constitute a civil violation, as defined in the laws of the commonwealth, and shall be prosecuted in accordance with the laws of the commonwealth and the Rules of Civil Procedure adopted by the Pennsylvania Supreme Court.
C. 
Continuing violations. Where provided in any chapter of this Code or in any other ordinance of the city, the continuation of a violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
D. 
Additional remedies. The imposition of a penalty as provided in Subsection A above, or as specifically provided in any other chapter of this Code or other ordinance of the city, shall be in addition to any injunctive or remedial relief which is authorized under the laws of the commonwealth, with the same force and effect as though provided for herein. Such penalty shall not be deemed to be in lieu of any provision for revocation or suspension of any license or permit.
E. 
Disposition of fines. Unless provided otherwise in the laws of the commonwealth, all fines of penalties collected for violations of provisions of this Code or of other ordinances of the city shall be paid over to the City Administrator.
F. 
Confiscation. The Mayor, Chief of Police, City Administrator or any other properly designated person, upon order of Council, shall have full power and authority to confiscate any amusement device in any case where the operation thereof is attempted without first obtaining a license or where the operation violates this article in any manner whatsoever.
G. 
Miscellaneous. Any provision inconsistent with the foregoing is repealed, and if any of the terms, conditions hereinabove set forth are judicially determined to be unenforceable, then only that section and no other shall be thus determined.