[HISTORY: Adopted by the Borough Council of the Borough of Charleroi 10-8-1991 by Ord. No. 873 as Ch. 45 of the 1991 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- An amusement place or amusement device.
- AMUSEMENT DEVICE
- Any pool table, billiard table, pinball machine, video game machine, jukebox, or any mechanical device, machine or apparatus whatsoever for the playing of games, for profit, amusement or entertainment, whether operated by pins, pegs or balls, by electric batteries, central lighting system or by any other device, and music boxes, phonographs or other similar musical devices, operated through the insertion therein of a coin or any metal disc or otherwise.
No person, firm or corporation shall control, operate or have in its or their possession within the Borough any amusement place or amusement device without first having procured a license therefor, as hereinafter provided.
Any person, firm or corporation desiring to use, conduct or operate any amusement place or amusement device shall first make application for a license or licenses to the Borough Manager on forms provided by the Borough, which application shall set forth:
Such application shall be referred to the Chief of Police for investigation and approval, and if approved by said officer, a license shall be issued by the Manager for the current year or remaining fractional part thereof.
Upon payment of the license fee herein provided, there shall be issued to the licensee a license certificate or tag, setting forth the number of the license for each machine or device so licensed, which certificate shall be attached to the respective machine or device or be displayed in some conspicuous place on the premises.
The license year shall be from January to January, but a license may be obtained semiannually for the periods from January 1 to June 30, inclusive, and from July 1 to December 31, inclusive. The fee for the half year or fractional part thereof shall be 1/2 of the cost of the license for the entire year.
[Amended 4-11-1996 by Ord. No. 905-A; 11-13-1997 by Ord. No. 913; 12-12-2002 by Ord. No. 946]
Fees. The Borough's fees for amusement licenses for bowling alleys, electronic, videocassette or apparatus utilizing electrical impulses, or electrical amusement devices, mechanical devices, musical amusement devices, pinball machines, coin- and non-coin-operated pool tables, skating rinks and all other amusement and amusement devices shall be set by resolution of Council from time to time.
Reports. A licensee shall keep a detailed accounting of its operations, including an accurate statement of monthly receipts from the operation of amusements, including any admission fees the licensee charges or receives that are related to such amusements and any proceeds received directly or indirectly through the operation or conduct of such games. A licensee shall make monthly reports (on forms approved by Council) giving detailed information concerning the operation of its amusement business.
Revocation of license. The failure of a licensee to keep and maintain a detailed accounting of operations and monthly reports shall be cause for immediate revocation of an applicant's license.
A similar application and a similar license shall be required for each license year or fraction thereof. In the event a machine has to be replaced for a portion of a license year for which the license has been paid, or in the event there is a substitution of a similar machine for a period of time during which the license has been paid, there shall be no additional license fee imposed in accordance with the schedule of licensing hereafter set forth, but there shall be a permit or renewal or transfer fee to be paid in an amount set by resolution of Council from time to time, and said transfer or substitution shall be made pursuant to application on forms to be provided by the Borough.
In the event that any amusement place or amusement device is so operated as to constitute a nuisance or is in violation of the laws of the Commonwealth of Pennsylvania or ordinance of the Borough, then the licenses of all amusement devices operated on the premises shall be revoked, and there shall be no rebate or return of any part of the license fee, and at least two months shall elapse before another license may be granted to the same licensee.
Nothing in this chapter shall be in any way construed to authorize, license, or permit any gambling device whatsoever or any mechanism that has been judicially determined to be a gambling device or in any way contrary to law, nor shall any such device be used or permitted to be used for gambling purposes.
It shall be the duty of the Police Department to regulate and supervise the operation of all said devices and to regularly inspect the premises where the same are being used and to require full compliance with the law and ordinances, so that the same shall not amount to a nuisance or be used in violation of any law.
No license or permit issued hereunder shall authorize or excuse any breach of law or any trespass upon the rights of others or render the Borough liable for any damage that may be committed or caused under color thereof.
The Borough Manager, or other duly designated Borough official, may at any time revoke any license or permit, if there shall have been committed any breach of the terms or conditions under which the same was issued, upon giving to the person to whom the same was issued written notice of such revocation, and any act done under color of such license or permit shall subject the person, firm, corporation, organization or association doing or suffering it to be done to the same penalty as if he had done such act without such license or permit, unless, however, such revocation is disapproved as hereinbefore provided.
If any person, firm, association, or corporation shall feel aggrieved by actions or decisions of any Borough official in administering this chapter or by the neglect or refusal of the Borough Manager, or other duly designated Borough official, to issue such license or permit, as aforesaid, or by the terms or conditions herein imposed, or by any revocation of such license or permit, he, they or it may appeal to the Council upon giving written notice of said officer within one week after such decision. Refusal or notice of revocation shall be binding upon the appellant until the Council shall disapprove the same or order such modifications as it may deem proper, not inconsistent with the Borough ordinances.
The Mayor, Chief of Police, Borough Manager, or any other properly designated person, upon order of Council, shall have full power and authority to confiscate any amusement device in any case where the operation thereof is attempted without first obtaining a license or where the operation violates this chapter in any manner whatsoever.