[HISTORY: Adopted by the Borough Council of the Borough of
Avalon as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-21-1941 by Ord. No. 768]
No person or persons, firm or corporation shall at any time
have in its or their possession within the Borough of Avalon any mechanical
or electrical device, machine or apparatus whatsoever for the playing
of games and amusement, said mechanical or electrical device being
commonly known as "pin ball" machines, upon which baseball, football
or any other game is played, through the insertion therein of a coin
or other metal disc, slug, or token whatsoever, without first having
procured a license therefor as provided by this article.
Any person or persons, firm or corporation desirous of procuring a license as provided for in § 111-1 shall apply in writing to the Mayor. Such application shall set forth the name or names of the applicants together with their occupation, place of residence and name of the owner or owners of the premises where the machine or machines are to be installed and shall set forth the manufacture and nature of the machine and its uses. This information must be furnished under the oath or affirmation of the applicant.
Nothing in this article 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, or that may be contrary to any future law
of the Commonwealth of Pennsylvania.
[Amended 3-9-1948 by Ord.
No. 830; 2-17-1982 by Ord. No. 1141; 8-18-1982 by Ord. No. 1151; 2-15-1994 by Ord. No. 1211; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
No license shall be issued until an annual fee therefor shall
have been paid to the Mayor in the sum as set by resolution of the
Borough Council. Upon payment of said fee, the Mayor shall issue a
license setting forth the number of the machine so licensed, which
license shall be attached to the machine so as to be clearly observable.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon being found liable therefor, pay a fine of not more than
$600, plus court costs and reasonable attorneys’ fees incurred
by the Borough in the enforcement proceedings. If the penalty is not
paid, the Borough shall initiate a civil action for collection in
accordance with the Pennsylvania Rules of Civil Procedure. Each day
a violation exists shall constitute a separate offense, and each section
of this article that is violated shall also constitute a separate
offense. In addition to or in lieu of enforcement under this section,
the Borough may enforce this article in equity in the Court of Common
Pleas of Allegheny County.
