[HISTORY: Adopted by the Mayor and Council of the City of
Washington as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-13-1946 by Ord. No. 515 (Ch. 13, Part 2, of the
1986 Code of Ordinances)]
It shall be unlawful for any person, firm or corporation to
parade, exhibit or operate a circus or carnival within the limits
of the City of Washington until a license has been obtained therefor,
as hereinafter set forth.
A license fee for exhibiting a circus within the City of Washington
be and is hereby fixed in the sum of $100 per day.
A license fee for exhibiting a carnival within the limits of
the City of Washington shall be $25 for each and every day thereof
or a sum of $150 for one week.
A license fee for parading within the limits of the City by
a circus or carnival be and is hereby fixed in the sum of $50.
The City Clerk shall issue said license upon forms to be prepared
and upon the payment of the license fee or fees hereinabove set forth.
[Amended 4-24-1986 by Ord. No. 1356; 12-7-2006 by Ord. No. 1766]
A.
Any individual, person, firm, corporation or other entity who shall
violate any provision of this article shall, upon being held liable
in any civil proceeding or upon conviction thereof, be sentenced to
pay a penalty, fine or charge of no less than $100 nor more than the
maximum amount permitted by law, but not to exceed $1,000, and in
default of payment or any failure to pay any fine or penalty, upon
a summary or other criminal conviction, shall be sentenced to imprisonment
for a period not to exceed 30 days, or both.
B.
Each day that a violation of this article shall continue shall constitute
a separate offense, subject to the fines, costs, penalties and charges
set forth above for each offense.
C.
Nothing herein shall limit, prevent or preclude the City of Washington
from taking any and all legal action or exercising any other remedy
available to the City by law, including but not limited to the initiation
of civil or criminal proceedings or injunctive relief, in order to
enforce or ensure compliance with this article. As an additional remedy,
the City of Washington may abate any nuisance, dangerous or hazardous
condition by any means permitted by law, which shall include but not
be limited to an action in the Court of Common Pleas of Washington
County, Pennsylvania, for injunctive relief; the use of any City of
Washington personnel, equipment and materials or that of an authorized
agent or contractor hired by the City to remove or abate any nuisance,
dangerous or hazardous condition and with all costs thereof or related
thereto to be charged against the property owner(s) and/or person
or entity who has violated the article or portion thereof; said costs
shall include all actual costs and expenses, including all costs of
collection and reasonable administrative costs of the City, incurred
in enforcing the provisions of the article.
[Adopted 12-28-1981 by Ord. No. 1285 (Ch. 13, Part 3, of the
1986 Code of Ordinances)]
As used in this article, unless the context otherwise indicates,
the following terms shall have the meanings indicated:
Any music vending machine, contrivance or device which, upon
the insertion of a coin, slug, token, plate, disc or key into any
slot, crevice or other opening, or by the payment of any price, operates
or may be operated, for the emission of songs, music or similar amusement.
Any machine 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.
It shall include such devices as marble machines, pinball machines,
skill ball, electronic skill games, and all games, operations or transactions
similar thereto under whatever name they may be indicated.
Shall include the following: Any person, firm, corporation
or association which owns, leases or rents any such machine; the person,
firm, corporation or association in whose place of business any such
machine is placed for use by the public; and the person, firm, corporation
or association having control over such machine; provided, however,
that the payment of such fee by any person, firm, corporation or association
enumerated herein shall be deemed compliance with this section of
this article. This definition shall include private clubs or organizations.
Nothing in this article 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 State of Pennsylvania.
Any person, firm, corporation or association displaying for public patronage or keeping for operation any jukebox or mechanical or electronic amusement device as herein defined by § 107-7 shall be required to obtain a license from the City of Washington upon payment of a license fee. Application for such license shall be made to the City Clerk upon a form to be supplied by the City Clerk for that purpose.
A.
The application for such license shall contain the following information:
(1)
Name and address of the applicant, age, date and place of birth.
(2)
Prior convictions of applicant, if any.
(3)
Place where machine device is to be displayed or operated and the
business conducted at that place.
(4)
Description of machine to be covered by the license, mechanical features,
name or manufacturer, serial number.
(5)
The hours of operation for said devices.
B.
No license shall be issued to any applicant unless he shall be over
21 years of age and a citizen of the United States.
Application for license shall be made out in quintuplicate,
one copy being referred to each of the following: the Chief of Police,
the Chief of the Fire Department, the City Zoning Officer and the
City Health Officer, and one copy to be retained by the City Clerk.
A.
The Chief of Police shall investigate the location where the applicant
proposes to operate such machines and ascertain if the applicant has
a criminal record, and either approve or disapprove the application.
B.
The Fire Chief shall inspect the premises where the machines are
to be operated to determine if the building and/or buildings comply
with all applicable fire codes or ordinances.
C.
The Zoning Officer shall determine if the machines are being operated
under the proper zoning regulations.
D.
The Health Officer shall inspect the building and/or buildings in
order to determine if the building and/or buildings comply with all
applicable health laws.
E.
No license shall be issued to any applicant unless approved by the
Chief of Police, Fire Chief, Zoning Officer and Health Officer.
[Amended 5-13-1982 by Ord. No. 1292; 1-23-1992 by Ord. No. 1440; 12-16-1999 by Ord. No. 1637]
A.
Annual license fee.
(1)
Every applicant, before being granted a license, shall pay the following annual license fee for the privilege of operating and maintaining for operation each jukebox or mechanical or electronic amusement device as defined in § 107-7:
(2)
However, should any jukebox or mechanical or electronic amusement
device be installed and licensed after July 31 of any year, then,
in such event, the license shall be $50 for each jukebox and $150
for each mechanical or electronic amusement device.
B.
Each license shall expire on the 31st of January of each year and
must be renewed within 30 days after expiration.
A.
The license or licenses herein provided for shall be posted permanently
and conspicuously at the location of the machine in the premises wherein
the device is to be operated or maintained to be operated.
B.
Such license may be transferred from one machine or device to another
similar machine upon application to the City Clerk to such effect,
the giving of a description and the serial number of the new machine
or device and payment of a transfer fee of $5. Not more than one machine
shall be operated under one license, and the applicant or licensee
shall be required to secure a license for each and every machine displayed
or operated by him.
C.
If the licensee shall move his place of business to another location within the City of Washington, the license may be transferred to such new location upon application and the payment of the transfer fee to the City Clerk, giving the street and number of the new location. The new location shall be approved by the Chief of Police, the Fire Chief, the Zoning Officer and the Health Officer in the same manner as provided in § 107-11 of this article.
D.
When the business of a distributor or exhibitor is sold or transferred, the license of such distributor or exhibitor may be transferred to the transferee, upon the payment of a transfer fee of $5 and with the consent of the Chief of Police, the Fire Chief, the Zoning Officer and the Health Officer as provided in § 107-11.
A.
No person, firm, corporation or association holding a license under this article shall permit persons under 16 years of age to play or operate any mechanical or electronic amusement device as defined in § 107-7 of this article.
B.
No person, firm, corporation or association holding a license under this article shall permit the playing of jukeboxes or mechanical or electronic amusement devices, as defined in § 107-7, between the hours of 2:00 a.m. and 6:00 a.m. of any day.
C.
No person, firm, corporation or association shall permit the playing
of jukeboxes or mechanical or electronic amusement devices within
600 feet of any church, public or parochial school or playground.
D.
Every person, firm, corporation or association operating mechanical
or electronic amusement devices shall do so only under the proper
supervision of the proprietor or licensee.
Every license issued under this article is subject to the right,
which is hereby expressly reserved, to revoke the same should the
licensee, directly or indirectly, permit the operation of any jukebox
or mechanical or electronic amusement device contrary to the provisions
of this article, the ordinances of the City of Washington, or the
laws of the State of Pennsylvania. Said license may be revoked by
the City Council after written notice to the licensee, which notice
shall specify the ordinance or law violations with which the licensee
is charged, if after a hearing the licensee is found to be guilty
of such violations. Ten days' notice of the hearing shall be
given the licensee. At the hearing, the licensee and his attorney
may present and submit evidence of witnesses in his defense.
If the Chief of Police shall have reason to believe any mechanical
amusement or electronic amusement device is used as a gambling device,
such machine may be seized by the police and impounded and, if upon
trial of the exhibitor for allowing it to be used as a gambling device
such exhibitor be found guilty, such machine shall be destroyed by
the police.
[Amended 4-24-1986 by Ord. No. 1356; 12-7-2006 by Ord. No. 1766]
A.
Any individual, person, firm, corporation or other entity who shall
violate any provision of this article shall, upon being held liable
in any civil proceeding or upon conviction thereof, be sentenced to
pay a penalty, fine or charge of no less than $100 nor more than the
maximum amount permitted by law, but not to exceed $1,000, and in
default of payment or any failure to pay any fine or penalty, upon
a summary or other criminal conviction, shall be sentenced to imprisonment
for a period not to exceed 30 days, or both.
B.
Each day that a violation of this article shall continue shall constitute
a separate offense, subject to the fines, costs, penalties and charges
set forth above for each offense.
C.
Nothing herein shall limit, prevent or preclude the City of Washington
from taking any and all legal action or exercising any other remedy
available to the City by law, including but not limited to the initiation
of civil or criminal proceedings or injunctive relief, in order to
enforce or ensure compliance with this article. As an additional remedy,
the City of Washington may abate any nuisance, dangerous or hazardous
condition by any means permitted by law, which shall include but not
be limited to an action in the Court of Common Pleas of Washington
County, Pennsylvania, for injunctive relief; the use of any City of
Washington personnel, equipment and materials or that of an authorized
agent or contractor hired by the City to remove or abate any nuisance,
dangerous or hazardous condition and with all costs thereof or related
thereto to be charged against the property owner(s) and/or person
or entity who has violated the article or portion thereof; said costs
shall include all actual costs and expenses, including all costs of
collection and reasonable administrative costs of the City, incurred
in enforcing the provisions of the article.
