[Ord. 360, 4/13/1999]
This Part shall be known as the Rankin Amusement Tax Ordinance.
[Ord. 360, 4/13/1999]
Unless the context clearly indicates otherwise, the following
words and phrases, used in this Part or in an application for license
of amusement devices, shall have the meaning given to them in this
section:
AMUSEMENT DEVICE
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.
APPLICANT
Any individual, partnership or corporation who seeks to obtain
a license for an amusement device under this Part.
APPLICATION FOR LICENSE OF AMUSEMENT DEVICES
The document filed by an applicant requesting a permit to
possess in the Borough of Rankin 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.
BUSINESS ESTABLISHMENT
Any restaurant, bar, tavern, retail, manufacturing, wholesale,
institutional, educational, religious, governmental or other nonresidential
establishment, store or business, whether or not operational.
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 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 knockoff or knockdown device or
other capability for erasing or eliminating accumulated 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.
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 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.
VENDOR
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 the ordinance, 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 this Part.
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," "gambling devices," "pinball machines" and
"video games."
[Ord. 360, 4/13/1999]
No person, firm, partnership, corporation or other entity, shall
at any time have in his possession within the Borough of Rankin, 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. 360, 4/13/1999]
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. 360, 4/13/1999]
Upon the payment of the license fee provided by this Part, and
if the application fully complies with this Part, the Borough Secretary
shall issue a disc, plate, or sticker setting forth the number of
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. All discs, plates or stickers issued
by the Borough of Rankin for video and mechanical amusement devices,
shall state that the video or 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. 360, 4/13/1999]
The Code Enforcement Officer/Building Inspector 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. 360, 4/13/1999]
Because the Borough of Rankin 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 Borough
of Rankin 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. 360, 4/13/1999]
For each and every violation of the provisions of this Part,
any person or persons, firm, partnership or corporation, violating
any of the provisions of this Part shall constitute a summary offense,
and upon conviction by the Issuing Authority for the magisterial district
which includes the Borough of Rankin, 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 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
Part and shall be subject to separate and distinct penalties hereunder.
[Ord. 360, 4/13/1999]
The provisions of this Part are severable and if any of its
provisions or any part of any provision shall be held unconstitutional
or otherwise held to be invalid, the decision of the Court shall not
affect or impair any of the remaining provisions. It is hereby declared
to be the intent of the Borough of Rankin that this Part would have
been enacted had such unconstitutional provision or parts thereof
not been included herein.