Borough of Rankin, PA AMUSEMENT DEVICE LICENSES

In the construction of this Part, the rules and definitions contained in this Part shall be observed and applied, except when the context clearly indicates otherwise:

Words used in this singular shall include the plural, and the plural the singular.

Words used in the past or present tense shall include the future tense.

Words used in the masculine gender shall include the feminine and neuter.

The word "shall" is always mandatory and is not discretionary.

The word "may" is permissive.

That Borough of Rankin intends to favor the public interest as against my private interest.

The headings prefixed to sections and other divisions of this Part shall not be considered to control but may be used to aid in the construction thereof.

General words shall be construed to take their meanings and be restricted by preceding particular works.

§ 13-203 Definitions.

[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."

§ 13-204 License Required.

[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.

§ 13-205 Application.

[Ord. 360, 4/13/1999]

Any person, firm, corporation or other entity, desiring to procure a license as required in § 13-204 of this Part, shall apply therefor in writing to the Borough Secretary. Said application shall set forth the following information:

The name and residence of the vendor of each jukebox, pool table or video or mechanical amusement device to be licensed;

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;

If vendor and/or proprietor are citizens of the United States;

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;

A verification by the vendor and proprietor, that the facts set forth in the application are true and correct to the vendor'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.

That the vendor and proprietor have been provided a copy of this Part and that he/they have read and agree to be bound by all terms and provisions thereof.

That a license does not sanction or condone the use or possession of any illegal gambling device, whether illegal per se or as modified;

That the illegal use or possession of an unlawful gambling device, either per se or as modified, may result in a criminal prosecution by law enforcement officials.

§ 13-206 Persons Ineligible for Licenses.

[Ord. 360, 4/13/1999]

The Borough Secretary shall not issue a license for any video or mechanical amusement device to any person who:

Is not a citizen of the United States;

Is not 21 years of age;

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.

§ 13-207 Conditions for Issuance.

[Ord. 360, 4/13/1999]

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 or her discretion, investigate the facts set forth in the application.

The Borough Secretary shall refuse to issue a license for any device that the applicant has not affirmed is not designed, or intended to be used, for gambling purposes.

A license shall not be issued unless the applicant acknowledges:

(1)

That obtaining or displaying a Rankin Borough license does not sanction or permit the use of any device for gambling purposes or possession of an illegal gambling device, either per se, or as modified;

(2)

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 the Code Enforcement Officer/Building Inspector or other law enforcement officials.

§ 13-208 Construal of Provisions.

[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.

§ 13-209 License Fees.

[Ord. 360, 4/13/1999]

No license shall be issued until the following annual fees shall have been paid by the applicant to the Borough of Rankin for each and every device to be installed or used:

For each jukebox: $100.

For each pool table: $400.

For each video or mechanical amusement device: $400.

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:

For each jukebox: $50.

For each pool table: $200.

For each video or mechanical amusement device: $200.

§ 13-210 Issuance and Display.

[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.

§ 13-211 Inspection.

[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.

§ 13-212 Revocation, Debarment and Contraband Declaration.

[Ord. 360, 4/13/1999]

In the event that any applicant, vendor or proprietor falsifies any information on an application for license of amusement devices, or violates this Part, the Code Enforcement Officer/Building Inspector shall immediately revoke all licenses issued under this Part to such applicant, vendor or proprietor.

Moreover, in the event that a vendor 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 of Rankin shall revoke each license issued to such person, as an applicant, vendor or proprietor.

Additionally, the Borough of Rankin shall not issue a license of amusement devices to any person who has been found quilty 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.

Any video or mechanical amusement device used or possessed in violation of the Crimes Code of the Commonwealth of Pennsylvania, or this Part, 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).

§ 13-213 Prohibition of Suggestion or Promise of Nonprosecution.

[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.

§ 13-214 Violations and Penalties.

[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.

§ 13-215 Severability.

[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.