Borough of Wilmerding, PA
Allegheny County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Wilmerding 12-1-1998 by Ord. No. 962 (Ch. 13, Part 1, of the 1989 Code). Amendments noted where applicable.]
This chapter shall be known as the "Borough of Wilmerding Amusement Fee 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 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. 
The Borough 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 video or mechanical device, shall have the meanings given to them in this section:
APPLICANT
Any individual, partnership or corporation who seeks to obtain a license for a video or mechanical amusement device under this chapter.
APPLICATION FOR LICENSE OF VIDEO OR MECHANICAL DEVICE
The document filed by an applicant requesting a permit to possess in the Borough of Wilmerding 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 amusements.
BUSINESS ESTABLISHMENT
Any restaurant, bar, tavern, retail, manufacturing, wholesale, institutional, educational, religious, governmental or other nonresidential establishment, store or business, whether or not in operation.
GAMBLING DEVICE
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.
ILLEGAL GAMBLING DEVICE
Any device, machine or apparatus 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 has been modified to have, a knockoff or knockdown switch or other capability for erasing or eliminating playing credits.
JUKEBOX
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.
OWNER
Any individual, partnership or corporation who is the lawful owner of any video or mechanical amusement device for which a license is sought under this chapter.
POOL TABLE
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.
PROPRIETOR
Any individual, partnership or corporation who owns, leases or maintains the business establishment in which any 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.
VIDEO OR MECHANICAL AMUSEMENT DEVICE
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, pinball machines and video games.
No person, firm, partnership, corporation or other entity shall at any time have in his possession within the Borough of Wilmerding 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 chapter.
Any person, firm, corporation or other entity desiring to procure a license as required in § 112-3 of this chapter shall apply therefor in writing to the Borough Secretary. Said application shall set forth the following information:
A. 
Name and residence of the person, firm, partnership or corporation applying for the license.
B. 
The name and residence of the owner of each jukebox, pool table or video or mechanical amusement device is to be licensed.
C. 
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.
D. 
If the owner of the business establishment is not the applicant, then the applicant shall set forth the length of the time for which the premises has been leased and whether the applicant is a citizen of the United States.
E. 
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.
F. 
A verification by the applicant, owner and proprietor that the facts set forth in the application are true and correct to the applicant's, owner'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.
G. 
That the applicant has been provided a copy of this chapter, and that the applicant has read and agrees to be bound by all terms and provisions hereof.
H. 
That a license does not sanction or condone the use or possession of any illegal gambling device, whether illegal per se or as modified.
I. 
That the Borough shall notify the appropriate law enforcement officials of the use or possession of per se, modified or other illegal gambling devices, whether or not such devices are licensed.
J. 
That the Borough shall immediately revoke the license of any device illegally used or possessed, either per se or as modified.
K. 
That the illegal use or possession of an unlawful gambling device, either per se or as modified, may result in a criminal prosecution by Borough or other law enforcement officials.
The Borough shall not issue a license of video or mechanical devices 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 application.
No license shall be granted until a period of 10 days shall have elapsed from the date of application, during which time the Borough Secretary may, at his discretion, investigate the facts set forth in the application. A license shall not be issued unless the applicant acknowledges:
A. 
That obtaining or displaying a Borough license does not sanction, authorize or permit the use or possession of an illegal gambling device, either per se or as modified.
B. 
That the Borough shall notify the appropriate law enforcement officials of the use or possession of per se, modified or other illegal gambling devices, whether or not such devices are licensed.
C. 
That the Borough shall immediately revoke the license of any video or mechanical device illegally used or possessed, either per se or as modified.
D. 
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 Borough or other law enforcement officials.
E. 
That if the Borough Secretary has reasonable grounds to believe that a particular video or mechanical device is illegal, either per se or as modified, the Borough Secretary shall not issue a license for said device.
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 the following annual fees shall have been paid by the applicant to the Borough Secretary for each and every device to be installed or used:
(1) 
Jukebox: $150 each.
(2) 
Pool table: $200 each.
(3) 
Video or mechanical amusement device: $400 each.
B. 
The above annual fees paid shall be a license fee until December 31 of each year; except, however, should any such device be installed after July 1 of any year, and an application therefor is made after such date, then in such event the license fee for that particular year, until December 31, shall be as follows:
(1) 
Jukebox: $75 each.
(2) 
Pool table: $100 each.
(3) 
Video or mechanical amusement device: $200 each.
Upon the payment of the license fee provided by this chapter and if the application fully complies with this chapter, the Borough 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. All discs, plates or stickers issued by the Borough shall be for video or mechanical amusement devices for amusement purposes only, not use as gambling devices, and only games and not money may be won on the machine or device.
The Borough or its agents may, during regular business hours, conduct inspections of any business establishment where any video or mechanical amusement device licensed under this chapter is located, installed, placed or used to ensure compliance with this chapter.
A. 
In the event any applicant, owner or proprietor falsifies any information on an application for license of video or mechanical devices or violates this chapter, the Borough shall immediately revoke all licenses issued under this chapter to such applicant, owner or proprietor.
B. 
Moreover, in the event an owner 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 Borough shall revoke each license issued to such person as an applicant, owner or proprietor.
C. 
Additionally, the Borough shall not issue a license of video or mechanical devices to any person who has been found guilty 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) (relating to scattering rubbish).
Because the Borough intends to prosecute the illegal possession or use of unlawful gambling devices, no Borough employee or agent may promise, suggest or insinuate, either expressly or by implication, that the applicant, licensee, proprietor or owner, who either illegally possesses or uses a per se, modified or other illegal gambling device shall not be prosecuted.
For each and every violation of the provisions of this chapter, any person or persons, firm, partnership or corporation violating any of the provisions of this chapter shall constitute a summary offense and, upon conviction by the issuing authority for the magisterial district which includes the Borough of Wilmerding, 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 chapter and shall be subject to separate and distinct penalties hereunder.