[Ord. 357, 1/20/1999, § 401]
This Part shall be known as the "Richland Township Amusement
Tax Ordinance."
[Ord. 357, 1/20/1999, § 402]
Unless the text clearly indicates otherwise, the following words
and phrases, used in this Part or in an Application for License of
Amusement Device, shall have the meaning given to them in this Part.
Video or mechanical amusement device, jukebox, pool table
or bowling alley pin setting device 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 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.
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 knock off 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 unless no
monetary value has or is to be paid for the activities and all means
of insertion of a coin, etc., as mentioned above are removed from
the apparatus.
Any device or apparatus upon which is played the games of
8-ball, billiards, pool, snooker, bowling or other similar games for
which a fee is charged, which device is operated through the insertion
of coin, currency, metal disc, slug or token and is not rented for
use for a stated period of time.
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 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 jukebox, 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," "electric or electronic
dart boards," "gambling devices," "pinball machines" and "video games."
[Ord. 357, 1/20/1999, § 403]
No person, firm, partnership, corporation or other entity, shall
at any time have in his possession within the Township any video or
mechanical amusement device, jukebox or pool table for the playing
of games and amusement without first having procured a license therefor
as hereinafter provided in this Part.
[Ord. 357, 1/20/1999, § 404]
Any person, firm, corporation or other entity, desiring to procure a license as required in § 24-403 of this Part shall apply therefor in writing to the Township Secretary. Said application shall be set forth in 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.
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, jukebox 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 Crimes Code, 18 Pa.C.S.A.
§ 4904, relating to unsworn falsification to authorities.
F.
That the vendor and proprietor have been provided a copy of this
Part and that he/they 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. 357, 1/20/1999, § 405]
The Township Secretary 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 Crime Code of the Commonwealth of Pennsylvania, within
three years of the date of application.
[Ord. 357, 1/20/1999, § 406]
No license shall be granted until a period of 10 days shall
have elapsed from the date of application during which time the Township
Secretary may, at his or her discretion, investigate the facts set
forth in the application.
A.
The Township Secretary 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 Richmond 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 Richland or other law enforcement
officials.
[Ord. 357, 1/20/1999, § 407]
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 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. 357, 1/20/1999, § 408]
1.
No license shall be issued until an annual fee shall have been paid
to the Township Secretary. The amount of the fee shall be set by the
Board of Supervisors pursuant to resolution. Each license shall expire
on December 31 of each year.
2.
License fees shall be prorated on a monthly basis from the first
day of the month in which the application for license is made. No
credits or refunds shall be made for any reason once a license is
issued.
3.
The Township Secretary or any other officer or official of the Township
may, in his discretion, put a lead (or any other type) seal upon any
device for which no license fee has been paid and when the proper
license fee has been paid for such sealed device, said seal shall
be removed by the Township Secretary or other designated officer of
the Township.
4.
While said unlicensed device is under seal as aforesaid, the owner,
proprietor, manager or person in charge of the place where said device
is located shall be responsible for the device and for any unlawful
use thereof while such mechanical device is unlicensed.
[Ord. 357, 1/20/1999, § 409]
Upon the payment of the license fee provided by this Part and
if the applicant fully complies with this Part, the Township Secretary
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 except upon application and approval
of the Township in the instance where the transfer is for purpose
of repair or replacement, as long as the transfer does not increase
the number of licenses held by the applicant. All discs, plates or
stickers issued by the Township for video and mechanical amusement
devices, shall state that the video and 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. 357, 1/20/1999, § 410]
The Township or its agents 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 Part is located, installed, placed or used, to ensure compliance
with this Part.
[Ord. 357, 1/20/1999, § 411]
1.
In the event any applicant, vendor or proprietor falsifies any information
on an Application for License of Amusement Device or violates this
Part, the Township Secretary 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 amuse 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 Secretary
shall revoke each license issued to such person, as an applicant,
vendor or proprietor.
3.
Additionally, the Township Secretary shall not issue a License of
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 device 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.A. § 6501(d) (relating to scattering
rubbish).
[Ord. 357, 1/20/1999, § 412]
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 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. 357, 1/20/1999, § 413; as amended at time
of adoption of Code (see Ch. AO)]
Any person who violates or permits a violation of this Part
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a Magisterial District Judge, pay
a fine of not more than $600, plus all court costs, including reasonable
attorneys' fees, incurred by the Township in the enforcement of this
Part. If the defendant neither pays nor timely appeals the judgment,
the Township may enforce the judgment pursuant to the applicable Rules
of Civil Procedure. Each day a violation exists shall constitute a
separate offense. Further, the appropriate officers or agents of the
Township are hereby authorized to seek equitable relief, including
injunction, to enforce compliance herewith. 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.
