[Ord. 714, 2/1/1999, § 2]
This Part shall be known as the "Township of Elizabeth Amusement
Device Tax Ordinance."
[Ord. 714, 2/1/1999, § 4]
In the construction of this Part, the rules and definitions
contained in this section shall be observed and applied, except when
the contest 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 of Elizabeth intends to favor the public interest
as against any private interest.
G.
That headings prefixed to Sections and other divisions of this Part
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.
[Ord. 714, 2/1/1999, § 5]
Unless the context clearly indicates otherwise, the following
words and phrases, used in this Part or in an application for license
of amusement devices, shall have the meaning given to them in this
section:
Video or mechanical amusement device, juke box or pool table
and/or other electronic device, machine or apparatus whatsoever, for
the playing of games and amusement.
Any individual, partnership or corporation who seeks to obtain
a license for an amusement device under this Part.
The document filed by an applicant requesting a permit to
possess in the Township of Elizabeth any video or mechanical amusement
device, juke box 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 upon which is played the
game of darts or other similar game 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 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.
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.
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 device or apparatus upon which is played the games of
8-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 juke box, 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 juke box, pool table or video or mechanical amusement
device for which a license is sought under this Part, 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 juke box, pool table or video or mechanical amusement
device for which a license is sought under the Part.
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," "gambling devices,"
"pinball machines" and "video games."
[Ord. 714, 2/1/1999, § 6]
No person, firm, partnership, corporation or other entity, shall
at any time have in his possession within the Township of Elizabeth
any video or mechanical amuse device, juke box or pool table for the
playing of games and amusement without first having procured a license
therefore as hereinafter provided in this Part.
[Ord. 714, 2/1/1999, § 7]
Any person, firm, corporation or other entity, desiring to procure
a license as required in § 106 of this Part, shall apply
therefore in writing to the Township Zoning Officer or other designee.
Said application shall set forth the following information:
A.
The name and residence if the vendor of each juke box, 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 juke box, pool table or video or mechanical 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 machine, video or mechanical device, pool table, juke box or
apparatus to be located on the premises, installed or used.
E.
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 Crime Code, 18 Pa.C.S.
§ 4904, relating to unsworn falsification to authorities.
F.
That the vendor and proprietor have been provided a copy of this
Part and that he/she have read and agree to be bound by all terms
and provisions hereof.
G.
That a license does not sanction or condone the use or possession
of any illegal gambling device, whether illegal per se or as modified.
H.
That 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.
[Ord. 714, 2/1/1999, § 8]
The Township Zoning Officer or other designee 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 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 the application.
[Ord. 714, 2/1/1999, § 9]
No license shall be granted until a period of 10 days shall
have elapsed from the date of application during which time the Township
Zoning Officer or other designee may, at their discretion, investigate
or have the Township of Elizabeth Police Department investigate the
facts set forth in the application.
A.
The Township designee 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)
That obtaining or displaying a Township of Elizabeth 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)
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 the Township of Elizabeth Police Department or other
law enforcement officials.
[Ord. 714, 2/1/1999, § 10]
Nothing in this Part shall be construed to authorize, license
or permit any gambling devices whatsoever, or any mechanism that has
been judicially determined to be a 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.
[Ord. 714, 2/1/1999, § 11]
No license shall be issued until the following annual fees shall
have been paid by the applicant to the Township of Elizabeth for each
and every device to be installed or used:
A.
One hundred dollars for each juke box, coin operated pool table and
dart board.
B.
Two hundred dollars for each video or mechanical amusement device.
|
The above annual fees paid shall be a license fee until December
31st of each year and are due no later
than January 1st of each year. The license fee for any device which
is installed during the year shall be due within five days of installation
and said license shall be pro-rated based upon 365 days per year.
|
[Ord. 714, 2/1/1999, § 12]
Upon the payment of the license fee provided by this Part, and
if the application fully complies with this Part, the Township Zoning
Officer or other designee 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 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.
[Ord. 714, 2/1/1999, § 13]
The Township of Elizabeth or its agents may, during regular
business hours, conduct inspections of any business establishment
where any video or mechanical amusement device, juke box or pool table
licensed under this Part is located, installed, placed or used, to
ensure compliance with this Part.
[Ord. 714, 2/1/1999, § 14]
1.
In the event any applicant, vendor or proprietor falsifies any information
on an application for license of amusement devices, or violates this
Part, the Township shall immediately revoke all licenses issued under
this Part to such applicant, vendor or proprietor.
2.
Moreover, in the event a vendor 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,
vendor or proprietor.
3.
Additionally, the Township shall not issue a license or 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.
4.
Any video or mechanical amusement devices used or possessed in violation
of the Crimes Code of the Commonwealth of Pennsylvania, or this Part,
may be deemed contraband and forfeited in accordance with the provisions
set forth in 18 Pa.C.S. § 6501(d) (relating to scattering
rubbish).
[Ord. 714, 2/1/1999, § 15]
Because the Township 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 Township of
Elizabeth 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.
[Ord. 714, 2/1/1999, § 16]
Any licensee who fails to remit the fees required under this
Part by January 1st of each year shall
be subject to a penalty of $50.00.
[Ord. 714, 2/1/1999, § 17]
For each and every violation of the provisions of this Part,
any person or persons, firm, partnership or corporation, violating
any of the provisions of this Part shall constitute a summary offense,
and upon conviction by the Issuing Authority for the Magisterial District
which includes the Township of Elizabeth, 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
Part and shall be subject to separate and distinct penalties hereunder.
[Ord. 714, 2/1/1999, § 18]
The provisions of this part are severable and if any of its
provisions or any part of any provision shall be held unconstitutional
or otherwise held to be invalid, the decision of the Court shall not
affect or impair any of the remaining provisions. It is hereby declared
to be the intent of the Township of Elizabeth that this Part would
have been enacted had such unconstitutional provision or parts thereof
not been included herein.
