[HISTORY: Adopted by the Borough Council of the Borough of Tarentum 1-31-1941
by Ord. No. 1366. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 265, § 265-34F.
This chapter is an exercise of the police powers of the Borough of Tarentum
for the protection of the public welfare, peace, safety and morals of the
people of said borough, and all of the provisions hereof shall be liberally
construed for the accomplishment of these purposes.
For the purposes of this chapter, the following terms shall have the
following meanings respectively designated for each:
A formal verified written request, under oath or affirmation or supported
by a verified statement of facts, for a license for the privilege as herein
authorized by law.
Includes natural persons, firms, unincorporated associations, partnerships
and corporations of all classifications and for whatever purpose organized
or incorporated.
On and after the effective date of this chapter, it shall be unlawful
for any persons to have at any time in its or their possession within the
Borough of Tarentum, Allegheny County, Pennsylvania, without first having
procured a license therefor as hereinafter provided, any pinball machine or
mechanically or electrically operated device, machine or apparatus whatsoever
for the playing of games and amusement, which machines, devices or apparatus
are made available for play or operation by means of the insertion therein
of a coin, metal disc, slug or any token whatsoever or are made available
for play or operation upon the payment of any money, coin, metal disc, slug,
token or consideration whatsoever.
Every applicant for a license under the provisions of this chapter shall
file with the Secretary of the Borough, Borough Building, Tarentum, Pennsylvania,
a written application in such form and containing such information as the
Council of said borough shall from time to time require. Every such application
shall be accompanied by a filing fee as set forth from time to time by resolution
of the Borough Council, and the prescribed license fee as hereinafter specified,
and shall set forth:
A.
The legal names of the applicant and of the owner of the premises where said machines, as defined in § 84-3 hereof, are to be installed and used, their resident addresses by street and number, and if a partnership or firm, of each separate partner or member of said firm, and if a corporation, of each individual officer thereof.
B.
The name, residence and occupation of the real owner
of said machines.
C.
That no applicant has been convicted of a violation of
this chapter or of any law or regulation of the United States of America or
of the Commonwealth of Pennsylvania pertaining to gambling or wagering or
of any felony whatsoever.
D.
That each and every applicant is a citizen of the United
States of America.
E.
The name of the manufacturer of each machine, device
or apparatus, the serial number thereof and a description of the particular
type of game which may be played upon said machine and such other additional
description which may aid in the identification of said machine.
No license shall be granted until a period of seven days shall have
elapsed from the date of the filing of said application as herein provided,
and no license shall be issued hereunder to any person unless:
A.
In case of individuals, he or she is a citizen of the
United States of America.
B.
In case of groups or unincorporated associations of individuals,
a majority thereof are citizens of the United States of America.
C.
In case of corporations, a majority of the stockholders
are citizens of the United States of America.
After consideration of the application and investigation of the averrments
in support thereof, a license may be granted as herein provided. Should said
application for such license be rejected, the license fee deposited with the
application shall be returned to said applicant.
All machines, apparatus and devices as herein described for which an
application for license has been filed and all such machines, apparatus and
devices licensed under the provisions of this chapter shall at all times be
accessible and available for examination and inspection by the proper officers
of said borough, and if it is determined by the Council of said borough, after
investigation and report thereon, that any such machine, apparatus or device
is not in working order or that the same is being operated or used in violation
of law, the license issued therefor may be suspended or revoked.
Nothing in this chapter 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.
[Amended 2-26-1945 by Ord. No. 1403]
No license shall issue until an annual fee therefor shall have been
paid to the Secretary of the Borough in the sum as set forth from time to
time by resolution of the Borough Council for each and every machine or device
so installed and available for use under the terms of this chapter, which
amount paid as aforesaid shall be a license fee until December 31 of each
year. Should any such machine or device be installed on or after July 1 of
any year or application therefor be made on or after said date, then the license
fee for the remainder of the particular year shall be the sum as set forth
from time to time by resolution of the Borough Council; provided, however,
that licenses for such machines may be transferred to other or new machines
at the same or different location if and only if application for such transfer
is made at least five days prior to the date at which such transfer shall
take place and upon payment of a transfer fee as set forth from time to time
by resolution of the Borough Council for each such machine.
Upon payment of the license fee provided for by this chapter and the
approval of the application for said license by the Council of said borough,
the Secretary of the Borough shall issue a suitable disc or plate setting
forth the number of the license for each machine or device so licensed, which
disc or plate shall be attached and fastened to the respective machine or
device so that said license disc or plate may be clearly observable and readable.
Any person or persons operating such machine without first obtaining
the license herein provided for or violating any of the provisions of this
chapter or who shall interfere with, hinder or obstruct any inspection or
examination authorized by this chapter and who, upon summary conviction thereof,
shall be found guilty of said violation or violations shall be sentenced to
pay a fine of not more than $600 with costs for each and every offense and,
in default of the same, shall undergo imprisonment of not more than 30 days
in the Allegheny County workhouse. Each and every day that any machine, device
or apparatus, as defined in this chapter, shall be operated and used in violation
thereof shall constitute a separate and distinct offense under this chapter
and shall be subject to separate and distinct penalties thereunder.
