[HISTORY: Adopted by the Borough Council of the Borough of Kane 12-6-1982 by Ord. No. A-822 as Ch. 13, Part 1 of the 1982 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Curfew — See Ch. 118.
No person or persons, firm, corporation, society or association shall at any time have in his, their or its possession, within the Borough of Kane, any shuffleboard table, mechanical device, machine or apparatus, for the playing of games and amusement, commonly known and designated as "pinball machines," upon which baseball, football and other games are played through the insertion therein of a coin or metal disk, slug or token, or any musicbox, jukebox, phonograph or similar device operated through the insertion therein of a coin or metal disk, slug or token, without first having procured a license therefor, as hereinafter provided.
Any person or persons, firm, corporation, society or association, desiring to procure a license as provided in § 74-2 of this chapter shall make application therefor, in writing, to the Chief of Police. The application shall set forth the name or names and residence or residences of the person or persons, firm, corporation, society or association applying therefor; the name of the owner of the premises or of the occupant or operator of the premises where said machines, tables or devices are to be installed, used or maintained; the address of said premises; the name of the manufacturer of the machine, table or device; the manufacturer's number, if any; a brief description of the machine, table or device and whether or not the applicant is a citizen of the United States. The application shall be signed by the applicant.
No license shall be granted until a period of seven days has elapsed from the date of the application, during which time the Chief of Police may, at his discretion, investigate, either through himself or the Police Department, the facts set forth in the application.
Nothing in this chapter shall in any way be construed to authorize, license or permit the use or maintenance of any gambling device whatsoever or any machine, mechanism or device which has been judicially determined to be a gambling machine, mechanism or device, or in any way contrary to any presently existing law or any future law of the Commonwealth of Pennsylvania.
No license shall be issued until an annual fee, as hereinafter provided, shall have been paid to and for the use of the Borough of Kane for each unit of any machine, device or table enumerated in § 74-1 installed, used or maintained in any premises at any one time during the calendar year. Any unit for which a license fee has been paid may be exchanged or replaced by a similar unit during the calendar year without the payment of an additional license fee. If any such machine, device or table is installed after July 1 of any calendar year, after application is made as aforesaid, then in such case the license fee for such unit or units or replacements thereof for the remaining part of that calendar year shall be 1/2 of the annual fee, as hereinafter provided.
The annual license fee for each unit of musicboxes, jukeboxes, phonographs or similar devices, as enumerated in § 74-1, shall be the sum of $15. The annual license fee for each unit of shuffleboard tables, other mechanical devices, machines or apparatus, as enumerated in § 74-1, shall be the sum of $25.
Upon the payment of the license fee provided by this chapter, the Chief of Police shall issue either a written license or a metal disk or plate, setting forth the number of the license of each such table, machine or device so licensed and the term of the license, which license shall be attached and fastened to, or prominently displayed on the wall immediately over, each table, machine or device, so that the same may be clearly observed and readable.
Any person or persons, firm, corporation, society or association violating any of the provisions of this chapter shall, upon conviction before a District Justice, be sentenced to a fine not to exceed $300, and costs, or to imprisonment for a term not to exceed 30 days. Each and every day that any table, machine or device, under the terms of this chapter, shall be operated, used or maintained in violation hereof, shall constitute and be a separate and distinct offense which shall be subject to separate and distinct penalties therefor.