[HISTORY: Adopted by the Town Council of the Borough of Bellevue 4-6-1999 by Ord. No.
99-6. Amendments noted where applicable.]
This chapter shall be known as the "Borough of Bellevue Amusement
License Ordinance."
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 shall include the feminine and neuter.
D.
The word "shall" is always mandatory and is not discretionary.
E.
The word "may" is permissive.
F.
The Borough of Bellevue 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.
Unless the context clearly indicates otherwise, the following
words and phrases, used in this chapter or in an application for license
of amusement devices, shall have the meanings given to them in this
section:
Video or mechanical amusement device, jukebox or pool table
and/or other electronic device, machine or apparatus whatsoever which,
upon the insertion of a coin, currency, metal disc, slug or token,
may be used for the playing of games and amusement.
Any individual, partnership or corporation who seeks to obtain
a license for an amusement device under this chapter.
The document filed by an applicant requesting a permit to
possess in the Borough of Bellevue 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.
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 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, or by any
key or similar device, the use of which has been authorized by the
payment of money, consideration or any other thing of value.
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 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.
Any device, machine or apparatus which plays recorded music,
whether by record, tape, compact disc or other means, after the insertion
therein of any coin, currency, metal disc, slug or token.
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 the business establishment in which any jukebox, pool
table, or 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.
Any individual, partnership or corporation who is the lawful
owner of any jukebox, pool table or video or mechanical amusement
device for which a license is sought under this chapter, 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 video or mechanical amusement
device for which a license is sought under this chapter.
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, gambling devices, pinball machines and video games.
No person, firm, partnership, corporation, vendor (as defined
herein), proprietor (as defined herein), or other entity, shall at
any time have in his possession within the Borough of Bellevue any
video or mechanical amusement device, jukebox or pool table for the
playing of games and amusement for the purpose of making them available
or accessible to the public without first having procured a license
therefor as hereinafter provided in this chapter.
Any person, firm, corporation or other entity desiring to procure a license as required in § 75-4 of this chapter shall apply therefor in writing to the Director of Administrative Services. Said application shall set forth the following information:
A.
The name and residence of the vendor of each jukebox, pool table
or video or mechanical amusement device to be licensed.
B.
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.
C.
Name and address of each shareholder, officer, agent and manager
of any corporate vendor and/or proprietor of the business establishment,
length of residence, business address and previous occupation.
D.
Name and address of each partner, associate or member of a firm,
partnership or association applicant, length of residence, business
address and previous occupation.
E.
The capacity of the applicant for a license; that is, whether the
applicant is an owner, lessee, possessor, custodian or an officer,
employee or agent of the owner, lessee, possessor or custodian.
F.
If the vendor and/or proprietor are citizens of the United States.
G.
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.
H.
A verification by the 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.
I.
The vendor and proprietor have been provided a copy of this chapter
and he/they have read and agree to be bound by all terms and provisions
hereof.
J.
A license does not sanction or condone the use or possession of any
illegal gambling device, whether illegal per se or as modified.
K.
The illegal use or possession of an unlawful gambling device, either
per se or as modified, may result in a criminal prosecution by law
enforcement officials.
The Director of Administrative Services shall not issue a license
for any video or mechanical amusement device 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 possession of 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.
No license shall be granted until a period of 10 days shall
have elapsed from the date of application, during which time the Director
of Administrative Services may, at his or her discretion, investigate
the facts set forth in the application.
A.
The Director of Administrative Services shall refuse to issue a license
for any device that the applicant has not affirmed is not designed
or intended to be used for gambling purposes.
B.
A license shall not be issued unless the applicant acknowledges:
(1)
Obtaining or displaying a Borough license does not sanction or permit
the use of any device for gambling purposes or possession of an illegal
gambling device, either per se or as modified.
(2)
If the applicant or licensee illegally uses or possesses an unlawful
gambling device, either per se or as modified, he may be prosecuted
by the Borough or other law enforcement officials.
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.
A.
No license shall be issued until an applicant has paid to the Borough
of Bellevue the annual fee due for each device in an amount as previously
established or as amended from time to time by resolution of the Town
Council.
[Amended 12-28-2010 by Ord. No. 10-17[1]]
B.
The annual fee paid shall be a license fee for issuance of a license valid through December 31 of the year of issuance; except, however, for any such device installed after July 1 of any year, and for which an application therefor is made after July 1, then in such event the license fee for that particular year only shall be in the amount of half the full annual rate as provided in Subsection A or at such rate or discount rate as may be established or adjusted hereafter from time to time by resolution of Town Council.
[Amended 12-28-2010 by Ord. No. 10-17[2]]
C.
License fees due under this chapter are due and payable on January
2 of each calendar year.
D.
Any device licensed under this chapter may be moved to another location
within the Borough for use therein, provided that the licensee operates
all locations to which said device is relocated and the relocation
is reported to the Director of Administrative Services within three
days of the relocation.
E.
No rebate or refund of any license fee or part thereof shall be made
for any reason except if the fee or any part thereof was collected
through an error.
F.
Failure to pay the appropriate fee or fees on the date specified,
that is January 2 of each year, shall result in a penalty of ten-percent
surcharge of the required fee if paid within the succeeding 30 days.
If not paid within the succeeding 30 days, but paid within the succeeding
60 days, a surcharge of 25% of the required fee shall be paid. If
not paid within the succeeding 60 days, but paid within the succeeding
90 days, a surcharge of 50% of the required fee shall be paid. If
not paid within the succeeding 90 days, but paid within the succeeding
120 days, a surcharge of 75% of the required fee shall be paid. If
not paid within the succeeding 120 days, then a surcharge of 100%
of the required fee shall be paid.
G.
If the machines, mechanical amusement devices, electronic amusement devices and jukeboxes are continued to be displayed for public patronage or kept for operation and use by the public in violation of this section, the person, firm, corporation or association shall be subject to the penalty or penalties as set forth in § 75-15 of this chapter.
H.
Each day of use in violation of this chapter shall be regarded as
a separate offense and shall be punishable accordingly.
Upon the payment of the license provided by this chapter, and
if the application fully complies with this chapter, the Director
of Administrative Services 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. Discs, plates or stickers issued for a particular machine
or device are not transferable to another machine or device. All discs,
plates or stickers issued by the Borough 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.
The Director of Administrative Services or his agent may, during
regular business hours, conduct inspections of any business establishment
where any video or mechanical amusement device, jukebox or pool table
licensed under this chapter is located, installed, placed or used
to ensure compliance with this chapter.
A.
In the event any applicant, vendor or proprietor falsifies any information
on an application for license of amusement devices or violates this
chapter, the Director of Administrative Services shall immediately
revoke all licenses issued under this chapter to such applicant, vendor
or proprietor.
B.
Moreover, in the event a vendor of a video or mechanical amusement
device or a proprietor of a business establishment is convicted of
possession of or using a video or mechanical amusement device in violation
of the Crimes Code of the Commonwealth of Pennsylvania, the Director
of Administrative Services shall revoke each license issued to such
person as an applicant, vendor or proprietor.
C.
Additionally, the Director of Administrative Services shall not issue
a license for amusement 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).
A.
Any person aggrieved by any action of the license officer may appeal
therefrom and request a hearing before the license officer within
10 days following the effective date of such action. The appeal shall
set forth the order or decision of the license officer and shall include
a statement of the facts forming the basis of the appeal.
B.
Such appeal shall be filed by the appellant with the license officer.
The license officer shall notify the aggrieved party within five days
of receipt of the appeal of the date and place of hearing which shall
be held within 15 days from the date of filing of the appeal.
C.
All notice hereunder shall be by certified mail, return receipt requested,
to the address in the application for license or other address provided
by the licensee or applicant for license.
D.
The licensee or applicant for license may, within 30 days from the
date of the decision of the license officer after hearing, commence
an appeal in the Court of Common Pleas of Allegheny County, Pennsylvania.
Because the Borough intends to foster compliance with the laws
of the Commonwealth of Pennsylvania and the United States regarding
illegal possession and/or use of gambling devices, no Borough 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 gambling purposes shall not be prosecuted.
Any person, firm or corporation who shall violate any provision
of this chapter shall, upon conviction thereof, be sentenced to pay
a fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
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.
