Borough of Verona, PA
Allegheny County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Verona as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-30-1940 by Ord. No. 5-1940 (Ch. XIII, Part 4, of the 1976 Code of Ordinances)]

§ 95-1 License to maintain bowling alleys, pool rooms, billiard rooms, shooting galleries or shuffleboards.

[Amended 10-19-1976 by Ord. No. 1019]
No person, firm or corporation shall open, own, conduct, operate or maintain any public bowling alley, pool room, billiard room, shooting gallery or shuffleboard in the Borough of Verona without first obtaining, from the Mayor or the Chief of Police, a license therefor in the manner herein provided.

§ 95-2 Application for license; issuance; revocation or forfeiture.

[Amended 10-19-1976 by Ord. No. 1019]
The application for a license as required in § 95-1 shall set forth the name of the owner or operator, the address of the establishment wherein such devices are located, the number of alleys, tables or galleries to be used or operated, the number of rooms to be used, and whether all of or part of the house or building is to be used for the operation of such devices. The application for the license shall be approved by the Mayor and shall, when granted, be posted in a conspicuous place on the premises licensed. The Mayor or the Chief of Police shall issue the required license when the provisions of this article have been met. Violation of any of the terms of this article shall be cause for forfeiture or revocation of the license.

§ 95-3 License fees.

[Amended 11-28-1949 by Ord. No. 26-1949]
A. 
The owners, lessees, occupants or operators of all public bowling alleys, billiard and pool tables and shooting galleries in the said Borough of Verona, for the use of which a fee or pay or a compensation of any kind is demanded or required, shall pay or cause to be paid a license fee or fees in accordance with the following rates or amounts, viz.:
(1) 
For one or the first bowling alley, pool or billiard table or combination billiard and pool table in each separate establishment, $25 per year or fractional part thereof, and for each additional bowling alley, pool or billiard table or combination billiard and pool table in each separate establishment, $10 per year or fractional part thereof.
(2) 
For every shuffleboard or shuffleboards like fees shall be required as for pool or billiard tables.
(3) 
For every shooting gallery, $25 per year or fractional part thereof.
B. 
The license fee for the first year payable hereunder shall be paid at and before the time of acquisition, operation and/or maintenance of any such bowling alley, billiard or pool table, shooting gallery or other article covered by this article for the remaining portion of such year, and thereafter any license fee required hereunder during each and every successive year for any such bowling alley, billiard or pool table, shooting gallery or other article so acquired, owned, operated or maintained shall be payable on or before the first day of January for each such successive year.

§ 95-4 Establishments to be closed certain hours and on Sunday.

No such bowling alley, pool or billiard room or shooting gallery shall be open or permitted to remain open to the public, and no person or persons shall be permitted to bowl or play in any pool or billiard room or portion of any such house or building so licensed or in any shooting gallery, nor shall bowling, billiards or pool be played in any such public house or building or part thereof so licensed, between the hours of 1:00 a.m. and 6:00 a.m. of any secular day or on the first day of the week commonly called the Sabbath Day or Sunday.

§ 95-5 Drunken or disorderly persons prohibited.

No owner, lessee, occupant or operator of any public bowling alley, billiard or pool table or shooting gallery shall permit drunken or disorderly persons to frequent or congregate on the premises or any portion of any premises for which any such public license shall have been granted.

§ 95-6 Enforcement; revocation of license.

[Amended 10-19-1976 by Ord. No. 1019]
The police of the said Borough of Verona shall have and are hereby given power and authority in any case of any disorder, drunkenness, disturbance or annoyance of any kind in any such room or rooms or house or building so licensed to enter upon and into such place or places where pool or billiards or bowling is or are played or shooting is conducted and to arrest on view all persons acting in a disorderly manner or in any such way as to disturb the public peace, and the Mayor of said Borough shall have and is hereby given the right, power and authority to close any such licensed place violating the provisions of this article and shall also have the right and power to revoke and annul such license, either for failure to pay the required license fee or fees as herein otherwise provided in this article or for any breach of or failure to comply with the terms or conditions of this article.

§ 95-7 License to open or reopen bowling alley, pool or billiard room or shooting gallery.

No public bowling alley, public pool or billiard room or public shooting gallery shall be opened, owned, operated or conducted by any person, firm or corporation unless and until a license or licenses therefor shall first have been procured as required under the terms and conditions of this article nor after the required license has been revoked or forfeited within the limits of said Borough of Verona.

§ 95-8 Violations and penalties.

[Amended 10-19-1976 by Ord. No. 1019]
Any person, firm or corporation who or which shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $300 and costs of prosecution or, in default of payment of such fine and costs, to undergo imprisonment for not more than 30 days.

§ 95-9 Each day constitutes separate offense.

Each and every day that any violation of the terms and conditions of this article shall be continued after notice to desist or cease from the continuance of any violation or failure to comply with the required terms and conditions hereof shall constitute a separate and distinct offense under this article and shall be subject to separate and distinct penalties thereunder.
[Adopted 9-16-1999 by Ord. No. 10-1999 (Ch. XIII, Part 3, of the 1976 Code of Ordinances)]

§ 95-10 Enacting clause.

It is hereby ordained and enacted by the Borough of Verona that, from and after the effective date of this article, this article shall be in full force and effect in the Borough of Verona.

§ 95-11 Short title.

This article shall be known as the "Borough of Verona Licensing of Amusement Devices."

§ 95-12 Rules of construction.

In the construction of this article, the rules and definitions contained in this section shall be observed and applied, except when the context clearly indicates otherwise.
A. 
Words used in the singular shall include the plural and the plural the singular.
B. 
Words used in the past or present tense shall include the future tense.
C. 
Words used in the masculine gender shall include the feminine and neuter.
D. 
The word "shall" is always mandatory and is not discretionary.
E. 
The headings prefixed to sections and other divisions of this article shall not be considered to control but may be used to aid in the construction thereof.
F. 
General words shall be construed to take their meanings and be restricted by preceding particular words.

§ 95-13 Definitions.

Unless the context clearly indicates otherwise, the following words and phrases used in this article or in an application for license of amusement devices shall have the meanings given to them in this section.
AMUSEMENT DEVICE
Any mechanical and/or electronic device, including but not limited to a jukebox, pool table, video, bowling, dart and pinball machine or apparatus whatsoever, for the purposes of playing games for amusement.
APPLICANT
Any individual, partnership or corporation who seeks to obtain a license for an amusement device under this article.
APPLICATION FOR LICENSE OF AMUSEMENT DEVISES
The document filed by an applicant requesting a permit to possess in the Borough of Verona any amusement device.
BOROUGH OF VERONA
Shall hereinafter be referred to as "Verona."
BUSINESS ESTABLISHMENT
Any restaurant, bar, tavern, retail, manufacturing, wholesale, institutional, educational, religious, governmental or other nonresidential establishment, store or business, whether or not in operation.
ILLEGAL GAMBLING DEVICE
Any device, machine or apparatus designed and/or specifically equipped to be used for the playing of poker, blackjack, keno, bingo, slots or other casino gambling games by the insertion therein of any coin, currency, metal disc, slug or token, which has or is designed to facilitate the ready use of a knockoff or knockdown device or other capability for erasing or eliminating accumulated playing credits or is otherwise illegal by violating any local, state or federal law.
JUKEBOX
Any device, machine or apparatus which plays recorded music, whether by record, tape, compact disc or other means, by the insertion therein of any coin, currency, metal disc, slug or token.
MECHANICAL AND/OR ELECTRONIC AMUSEMENT DEVICE
Any amusement device, machine or apparatus operated or otherwise used for the purpose of amusement or entertainment by inserting any coin, currency, metal disc, slug or token, including but not limited to a pinball machine, bowling machine, pool table and dart boards.
POOL TABLE
Any device or apparatus upon which is played the games of eight-ball, billiards, pool, snooker or other similar games for which a fee is charged, whether or not such device is operated through the insertion of coin, currency, metal disc, slug or token.
PROPRIETOR
Any individual, partnership or corporation who owns, leases or maintains a business establishment in which any jukebox, pool table or other amusement device is placed for the use, patronage, recreation or amusement of the public or of persons in or about the business establishment.
VENDOR
Any individual, partnership or corporation who is the lawful owner of any jukebox, pool table, video device or other amusement device for which a license is sought under this article, or any individual, partnership or corporation who makes, assembles, sets up, maintains, sells, lends, leases, gives away or offers for sale, loan, lease or gift any jukebox, pool table or other amusement device for which a license is sought under this article.
VIDEO DEVICE
Any amusement device, machine or apparatus whose game or results are shown on a video screen for the playing of games or otherwise used for the purpose of amusement or entertainment by the insertion therein of any coin, currency, metal disc, slug or token.

§ 95-14 License required.

No person or persons, firm or corporation, partnership or other entity shall at any time have in his or their possession within the municipal boundaries of Verona any amusement device which, upon the insertion of a coin, slug, token, plate or disc, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score, without having first procured a license therefor as hereinafter provided.

§ 95-15 Application for license.

Any person, firm, corporation or other entity, desiring to procure a license as required in § 95-14 of this article, shall apply therefor in writing to the Mayor of Verona. Said application shall set forth the following information:
A. 
The name and residence of the applicant/vendor of each amusement device to be licensed.
B. 
The name and residence of the proprietor of the business establishment in which each amusement device is to be located, used or installed.
C. 
If vendor and/or proprietor are citizens of the United States.
D. 
The manufacturer, name of machine, serial number, type and fee for each amusement device to be located on the premises, installed or used.
E. 
A verification by the applicant/vendor and proprietor that the facts set forth in the application are true and correct to the vendor's and proprietor's personal knowledge, information or belief, and that any false statements therein are made subject to the penalties of the Crimes Code, 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities.
F. 
That a license does not sanction or condone the use or possession of any illegal gambling device.
G. 
That any amusement device possessed or used in violation of any local, state or federal laws may result in a criminal prosecution by law enforcement officials.
H. 
The exact location within the establishment as to where such machines are to be placed or located during the period of the license.
I. 
The present and previous occupation of the applicant and the length of residence at the present and at the immediate previous place of residence.

§ 95-16 Oath required.

The information required in § 95-16 shall be furnished over the signature of the applicant and shall be made under oath or affirmation.

§ 95-17 Persons ineligible for licenses.

The Mayor shall not issue a license for any amusement device to any person who:
A. 
Is not a citizen of the United States.
B. 
Is not at least 21 years of age.
C. 
Has been found guilty of or accepted accelerated rehabilitative disposition for possessing or using an amusement device in violation of any local, state or federal laws within five years of the date of application.

§ 95-18 Investigation of application; transfer of license.

No license shall be granted until a period of 15 days shall have elapsed from date of application. During said period, if in his or her judgment such operation would endanger the public health, safety and/or welfare of the community, the Mayor may refuse to grant the license. Such denial must be founded upon a reasonable basis with uniformity of application. No license shall be transferred unless specifically authorized in writing by Verona.
A. 
The Mayor shall refuse to issue a license for any amusement device that the applicant has not affirmed that any amusement device will not be designed or intended to be used for illegal gambling purposes.
B. 
A license shall not be issued unless the applicant acknowledges the following:
(1) 
That obtaining or displaying an amusement device license does not sanction or permit the use of any amusement device for illegal gambling purposes or possession of an illegal gambling device.
(2) 
That if the applicant or licensee uses or possesses an illegal gambling device he may be prosecuted by law enforcement officials.

§ 95-19 Illegal gambling devices not licensed.

Nothing in this article shall in any way be construed to authorize, license or permit any illegal gambling device whatsoever or any mechanism that has been judicially determined to be an illegal gambling device either per se or as modified or in any way contrary to law or that may be contrary to any present or future local, state or federal laws.

§ 95-20 License fees.

A. 
After inspection has been made, if inspection was warranted, and after the application has been approved, the license required in § 95-14 shall be issued upon the payment to Verona of the following annual fees per machine or device:
(1) 
For jukeboxes installed, owned, possessed or used under the provisions of this article, the fee shall be $100 for each jukebox.
(2) 
For mechanical and/or electronic devices, the fee shall be $300 per device.
(3) 
For video devices, the fee shall be $500 per device.
B. 
There shall be no refund of any amount or fee so paid. Bona fide charitable or nonprofit institutions may operate without the payment of the necessary license fee, which shall be waived.

§ 95-21 Proximity to schools.

No person shall place any amusement device upon any premises within 500 feet of any public, parochial or private school building.

§ 95-22 License.

Upon the payment of the license fee provided in § 95-20, the Mayor or any agent or employee of Verona lawfully authorized by Council to do so shall issue a license setting forth the number of amusement devices, games or machines permitted on the premises. The license must be kept on the premises at all times and posted so that it is clearly observable to a police officer. The license shall not be affixed to any amusement device. No person shall install, use or keep an amusement device or machine in excess of the number permitted on the license. All licenses shall state that the amusement device is for amusement purposes only, that it is not an illegal gambling device, and that only games and not money may be won on said devices.

§ 95-23 Time for payment; late payments.

All licenses must be obtained and a fee paid not later than January 31 for each year. A penalty of 10% must be paid for each month after the due date the payment is not received.

§ 95-24 Inspection.

Verona or its agents may, during regular business hours, conduct inspections of any business establishments where any amusement device licensed under this article is located, installed, placed or used to ensure compliance with this article.

§ 95-25 Revocation, debarment and contraband declaration.

In the event any applicant, vendor or proprietor falsifies any information on an application for license of amusement devices or violates this article, Verona shall immediately revoke all licenses issued under this article to such applicant, vendor or proprietor and take whatever appropriate legal action is necessary. Moreover, in the event a vendor of an amusement device or a proprietor of a business establishment is convicted of possessing or using an illegal amusement device, Verona shall revoke each license issued to such person as an applicant, vendor or proprietor. Any illegal amusement device used or possessed in violation of any local, state or federal law may be deemed contraband and forfeited in accordance with the law.

§ 95-26 Prohibition of suggestion or promise of nonprosecution.

Because Verona intends to foster compliance with the laws of the Commonwealth of Pennsylvania and the United States of America regarding illegal possession and/or use of illegal gambling devices, no Verona employee or agent may promise, suggest or insinuate, either expressly or by implication, that the applicant, licensee, proprietor or vendor who illegally uses or possesses any device used or intended to be used for illegal gambling purposes shall not be prosecuted.

§ 95-27 Violations and penalties.

Any person or persons, firm, partnership or corporation, violating any of the provisions of this article shall constitute a summary offense and, upon conviction by the issuing authority for the magisterial district which includes Verona, be sentenced to pay a fine of not more than $600, costs of prosecution, and may be sentenced to imprisonment for a term which shall be fixed by the Court for a period not to exceed 90 days. Each and every day that any machine or device is used and operated in violation hereof shall constitute a separate and distinct offense under this article and shall be subject to separate and distinct penalties hereunder.

§ 95-28 Exclusion.

This article shall not apply to mechanical devices that dispense tobacco, food or drink products.