Township of Aleppo, PA
Allegheny County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Aleppo 3-9-1999 by Ord. No. 198. Amendments noted where applicable.]

§ 117-1 Title.

This chapter shall be known as the "Aleppo Township Amusement and Amusement Device Ordinance."

§ 117-2 Conflicting provisions; repealer.

All other ordinances or parts of ordinances are hereby repealed insofar as they conflict with the provisions of this chapter; however, such repeal shall not affect any act done or any liability or violation accrued under any such prior ordinance herein repealed or superseded, and all such liabilities or violations shall continue and may be enforced in the same manner as if such repeal or supersession had not been made, and any offense or violation committed and any penalty or forfeiture incurred under any such ordinance herein repealed or superseded may be prosecuted in the same manner as if this chapter had not been approved.

§ 117-3 Word usage.

In the construction of this chapter, 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 word "may" is permissive.
F. 
That the Township intends to favor the public interest as against any private interest.
G. 
The headings prefixed to sections and other divisions of this chapter shall not be considered to control but may be used to aid in the construction thereof.
H. 
General words shall be construed to take their meanings and be restricted by preceding particular words.

§ 117-4 Definitions.

Unless the context clearly indicates otherwise, the following words and phrases, when used in this chapter or in an application for license of video or mechanical device, shall have the meanings given to them in this section:
APPLICANT
Any individual, partnership or corporation who seeks to obtain a license for a video or mechanical amusement device under this chapter.
APPLICATION FOR LICENSE OF VIDEO OR MECHANICAL DEVICE
The document filed by an applicant requesting a permit to possess in the Township of Aleppo any video or mechanical amusement device, jukebox or pool table and/or other electronic device, machine or apparatus whatsoever, for the playing of games and amusement.
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.
GAMBLING DEVICE
Any device, machine or apparatus used for the playing of poker, blackjack, keno, bingo or other casino games by the insertion therein of any coin, currency, metal disc, slug or token.
ILLEGAL GAMBLING DEVICE
Any device, machine or apparatus 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 has been modified to have a knockoff or knockdown switch or other capability for erasing or eliminating playing credits.
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.
OWNER
Any individual, partnership or corporation who is the lawful owner of any video or mechanical amusement device for which a license is sought under this chapter.
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 a coin, currency, metal disc, slug or token.
PROPRIETOR
Any individual, partnership or corporation who owns, leases or maintains the business establishment in which any video or mechanical amusement device is placed for the use, patronage, recreation or amusement of the public or of persons in or about the business establishment.
VIDEO OR MECHANICAL AMUSEMENT DEVICE
Any device, machine or apparatus used 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, including but not limited to claw machines, electric or electronic dart boards, pinball machines and video games.

§ 117-5 License required.

No person, firm, partnership, corporation or other entity shall at any time have in his possession within the Township of Aleppo any video or mechanical amusement device, jukebox or pool table for the playing of games and amusement without first having procured a license therefor as hereinafter provided in this chapter.

§ 117-6 Application for license.

Any person, firm, corporation or other entity desiring to procure a license as required in § 117-5 of this chapter shall apply therefor in writing to the Township Secretary. Said application shall set forth the following information:
A. 
The name and residence of the person, firm, partnership or corporation applying for the license;
B. 
The name and residence of the owner of each jukebox, pool table or video or mechanical amusement device to be licensed;
C. 
The name and residence of the proprietor of the business establishment in which each jukebox, pool table or video or mechanical amusement device is to be located, used or installed;
D. 
If the owner of the business establishment is not the applicant, then the applicant shall set forth the length of the time for which the premises has been leased, and whether applicant is a citizen of the United States;
E. 
The manufacturer, name of machine, serial number, type and fee for each machine, video or mechanical device, pool table, jukebox or apparatus to be located on the premises, installed or used;
F. 
A verification by the applicant, owner and proprietor that the facts set forth in the application are true and correct to the applicant's, owner'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;
G. 
That the applicant has been provided a copy of this chapter, and that the applicant has read and agrees to be bound by all terms and provisions hereof;
H. 
That a license does not sanction or condone the use or possession of any illegal gambling device, whether illegal per se or as modified;
I. 
That the Township shall notify the appropriate law enforcement officials of the use or possession of per se, modified or other illegal gambling devices, whether or not such devices are licensed;
J. 
That the Township shall immediately revoke the license of any device illegally used or possessed, either per se or as modified; and
K. 
That the illegal use or possession of an unlawful gambling device, either per se or as modified, may result in a criminal prosecution by Township or other law enforcement officials.

§ 117-7 Persons ineligible for licenses.

The Township shall not issue a license for video or mechanical devices to any person who:
A. 
Is not a citizen of the United States;
B. 
Is not 21 years of age;
C. 
Has been found guilty of or accepted accelerated rehabilitative disposition for possessing or using a video or mechanical amusement device in violation of the Crimes Code of the Commonwealth of Pennsylvania within three years of the date of application.

§ 117-8 Conditions for issuance of license.

No license shall be granted until a period of 10 days shall have elapsed from the date of application, during which time the Township Secretary may, at his discretion, investigate the facts set forth in the application. A license shall not be issued unless the applicant acknowledges:
A. 
That obtaining or displaying a Township license does not sanction, authorize or permit the use or possession of an illegal gambling device, either per se, or as modified;
B. 
That the Township shall notify the appropriate law enforcement officials of the use or possession of per se, modified or other illegal gambling devices, whether or not such devices are licensed;
C. 
That the Township shall immediately revoke the license of any video or mechanical device illegally used or possessed, either per se or as modified;
D. 
That if the applicant or licensee illegally uses or possesses an unlawful gambling device, either per se or as modified, he may be prosecuted by Township or other law enforcement officials; and
E. 
That if the Township Secretary has reasonable grounds to believe that a particular video or mechanical device is illegal, either per se or as modified, the Township Secretary shall not issue a license for said device.

§ 117-9 Construal of provisions.

Nothing in this chapter shall be construed to authorize, license or permit any gambling devices whatsoever, or any mechanism that has been judicially determined to be a gambling device, either per se or as modified, or in any way contrary to law, or that may be contrary to any future laws of the Commonwealth of Pennsylvania or the United States of America.

§ 117-10 License fees.

A. 
No license shall be issued until the following annual fees shall have been paid by the applicant to the Township Secretary for each and every device to be installed or used:
(1) 
One hundred and fifty dollars for each jukebox;
(2) 
Two hundred dollars for each pool table; and
(3) 
Four hundred dollars for each video or mechanical amusement device.
B. 
The above annual fees paid shall be a license fee until December 31 of each year; except, however, should any such device be installed after July 1 of any year, and an application therefor is made after such date, then, in such event, the license fee for that particular year, until December 31, shall be as follows:
(1) 
Seventy-five dollars for each jukebox;
(2) 
One hundred dollars for each pool table; and
(3) 
Two hundred dollars for each video or mechanical amusement device.

§ 117-11 Issuance of license; display.

Upon the payment of the license fee provided by this chapter, and if the application fully complies with this chapter, the Township Secretary shall issue a disc, plate, or sticker setting forth the number of the license for each machine so licensed, and said disc, plate or sticker shall be attached and fastened to the respective machine or device so that the same may be clearly observable and readable. All discs, plates or stickers issued by the Township for video and mechanical amusement devices shall state that the video or mechanical amusement device is for amusement purposes only, that it is not a gambling device, and that only games and not money may be won on the machine or device.

§ 117-12 Inspections.

The Township or its agents may, during regular business hours, conduct inspections of any business establishment where any video or mechanical amusement device licensed under this chapter is located, installed, placed or used, to ensure compliance with this chapter.

§ 117-13 Revocation of license; effect of violations.

A. 
In the event any applicant, owner or proprietor falsifies any information on an application for license of video or mechanical devices, or violates this chapter, the Township shall immediately revoke all licenses issued under this chapter to such applicant, owner or proprietor.
B. 
Moreover, in the event an owner of a video or mechanical amusement device or a proprietor of a business establishment is convicted of possessing or using a video or mechanical amusement device in violation of the Crimes Code of the Commonwealth of Pennsylvania, the Township shall revoke each license issued to such person as an applicant, owner or proprietor.
C. 
Additionally, the Township shall not issue a license of video or mechanical devices to any person who has been found guilty of or accepted accelerated rehabilitative disposition for possessing or using a video or mechanical amusement device in violation of the Crimes Code of the Commonwealth of Pennsylvania within three years of the date of application.
D. 
Any video or mechanical amusement device used or possessed in violation of the Crimes Code of the Commonwealth of Pennsylvania, or this chapter, may be deemed contraband and forfeited in accordance with the provisions set forth in 18 Pa.C.S.A. § 6501(d) (relating to scattering rubbish).

§ 117-14 Suggestion or promise of nonprosecution prohibited.

Because the Township intends to prosecute the illegal possession or use of unlawful gambling devices, no Township employee or agent may promise, suggest or insinuate, either expressly or by implication, that the applicant, licensee, proprietor or owner, who either illegally possesses or uses a per se, modified or other illegal gambling device, shall not be prosecuted.

§ 117-15 Violations and penalties.

For each and every violation of the provisions of this chapter, any person or persons, firm, partnership or corporation violating any of the provisions of this chapter shall be guilty of a summary offense and, upon conviction by the issuing authority for the magisterial district which includes the Township of Aleppo, shall be sentenced to pay a fine of not less than $50 nor more than $300, and costs of prosecution, and, in default of payment thereof, may be committed by the issuing authority to the Allegheny County Jail in conformity with the Pennsylvania Rules of Criminal Procedure for a period not to exceed 10 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 chapter and shall be subject to separate and distinct penalties hereunder.