[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)]
[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.
[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.
[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.
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.
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.
[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.
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.
[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.
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)]
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.
This article shall be known as the "Borough of Verona Licensing
of Amusement Devices."
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.
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.
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.
Any individual, partnership or corporation who seeks to obtain
a license for an amusement device under this article.
The document filed by an applicant requesting a permit to
possess in the Borough of Verona any amusement device.
Shall hereinafter be referred to as "Verona."
Any restaurant, bar, tavern, retail, manufacturing, wholesale,
institutional, educational, religious, governmental or other nonresidential
establishment, store or business, whether or not in operation.
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.
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.
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.
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.
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.
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.
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.
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.
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.
The information required in § 95-16 shall be furnished over the signature of the applicant and shall be made under oath or affirmation.
The Mayor shall not issue a license for any amusement device
to any person who:
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.
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.
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:
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.
No person shall place any amusement device upon any premises
within 500 feet of any public, parochial or private school building.
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.
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.
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.
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.
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.
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.
This article shall not apply to mechanical devices that dispense
tobacco, food or drink products.
