City of Lower Burrell, PA Chapter 120 Amusement Devices

[HISTORY: Adopted by the City Council of the City of Lower Burrell 4-14-1997 by Ord. No. 4-1997. Amendments noted where applicable.]

§ 120-1 License required for certain electronic or mechanical devices.

A. Mechanical or electronic amusement machine or apparatus. From and after the passage and enactment of this chapter, no person or persons, firm, legal entity or corporation shall at any time have in his, her, its or their possession within the City of Lower Burrell any mechanical or electronic device, machine or apparatus whatsoever for the playing of games, amusement or entertainment, which are played through the insertion therein of legal tender, a coin or any metal disk, slug or token whatsoever, without first having procured a license therefor as hereinafter provided.

B. Jukeboxes or other similar musical devices. No person or persons, firm, legal entity or corporation, shall at any time have in his, her, its or their possession within the City of Lower Burrell any jukebox, music box, phonographs or other similar musical device, machine or apparatus, which are played through the insertion therein of legal tender, a coin or any metal disk, slug or token whatsoever, without first having procured, a license thereof as hereinafter provided in this chapter.

§ 120-2 License application.

Any person or persons, firm or legal entity or corporation desiring to procure a license, as provided in § 120-1, shall apply therefor in writing to the License Officer. Said application shall at a minimum set forth the name or names, the residence or residences of the person or persons, firm or corporation so applying, together with the present and previous occupation of the applicant or applicants and the length of residence at the present address of the applicant and at the previous place of residence, the name of the owner of the premises upon which the aforesaid machines are to be used and installed, and if the owner of the premises is not the applicant, then the applicant shall set forth the length of time for which the premises has been leased. The applicant shall also set forth the length of time for which the premises has been leased. The applicant shall also set forth the manufacturer and nature of the machines to be installed and used. Additional information may be required to effectuate the purposes of this chapter in the discretion of the License Officer. The information hereby required shall be furnished over the signature of the applicant or applicants and shall be made under oath, verification or affirmation.

§ 120-3 Investigation of application; transfer prohibited.

No license shall be granted until a period of seven days shall have elapsed from the date of application, during which time the License Officer or police may, at their discretion, investigate the facts set forth in the application. No license shall be transferable.

§ 120-4 Gambling devices not licensed.

Nothing in this chapter shall in any way be 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 or that may be contrary to any present or future laws of the Commonwealth of Pennsylvania.

§ 120-5 License fee.

A. No license shall be issued until an annual fee shall have been paid to the License Officer. The amount of each fee shall be set by City Council pursuant to resolution. Each license shall expire on December 31 of each year. Until changed, the fees shall be in an amount as established from time to time by resolution of City Council.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. License fees shall not be prorated but shall remain the same for the whole or portion of any one year.

C. The License Officer or police may, at their 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 License Officer or police officer of the City of Lower Burrell.

D. 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.

§ 120-6 Issuance of license.

Upon payment of the license fee, the License Officer shall issue a colored sticker, metal disc or plate or other identification, setting forth the number of the license for each machine. Such identification shall be attached and fastened to the respective machine or device so that the same shall be clearly observable and readable.

§ 120-7 Enforcement and inspections.

The following persons are authorized to conduct inspections necessary for the enforcement of this chapter:

A. License Officer.

B. Any police officer of the City of Lower Burrell.

C. All violations discovered by the above-mentioned inspections shall be reported to the License Officer in any manner or form that the License Officer shall require.

§ 120-8 Violations and penalties.

Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this chapter continues shall constitute a separate offense.