[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]
A.
PERSON
Unless otherwise herein expressly stated, as used in
this article, the following terms shall have the meanings indicated:
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.
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.
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.
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.
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.
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.
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.
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.
[Adopted 4-14-1982 by Ord. No. 2-1982]
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.
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.
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.
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.
[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.
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.
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.
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.
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.
[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.
