[Ord. 360, 4/13/1999]
This Part shall be known as the Rankin Amusement Tax Ordinance.
[Ord. 360, 4/13/1999]
1.
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:
A.
Words used in this 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.
That Borough of Rankin intends to favor the public interest as against
my private interest.
G.
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.
H.
General words shall be construed to take their meanings and be restricted
by preceding particular works.
[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:
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.
Any individual, partnership or corporation who seeks to obtain
a license for an amusement device under this Part.
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.
Any restaurant, bar, tavern, retail, manufacturing, wholesale,
institutional, educational, religious, governmental or other nonresidential
establishment, store or business, whether or not operational.
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 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.
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 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 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.
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.
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]
1.
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:
A.
The name and residence of the vendor of each jukebox, pool table
or video or mechanical amusement device to be licensed;
B.
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;
C.
If vendor and/or proprietor are citizens of the United States;
D.
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;
E.
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.
F.
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.
G.
That a license does not sanction or condone the use or possession
of any illegal gambling device, whether illegal per se or as modified;
H.
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.
[Ord. 360, 4/13/1999]
1.
The Borough Secretary shall not issue a license for any video or
mechanical amusement device 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.
[Ord. 360, 4/13/1999]
1.
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.
A.
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.
B.
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.
[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]
2.
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:
[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]
1.
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.
2.
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.
3.
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.
4.
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).
[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.