[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:
Any individual, partnership or corporation who seeks to obtain
a license for a video or mechanical amusement device under this chapter.
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.
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 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.
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 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.
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.
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.
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.
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:
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.
