[Adopted 12-9-1999 by Ord. No. 1103 (Ch.
175 of the 1999 Code)]
This Part shall be known as the "Borough of
Homestead Mechanical Device Ordinance."
Unless the context clearly indicates otherwise,
the following words and phrases, when used in this Part or in an application
for license, shall have the meaning given to them in this section:
Any natural person, partnership, corporation or other entity
which seeks to obtain a license for mechanical devices, jukeboxes,
pool tables, arcades or bowling alleys under this Part.
The document filed by an applicant requesting a license to
possess, install, use, locate or place in the Borough any mechanical
device, jukebox, pool table, arcade, bowling alley or pool hall.
Any business establishment of 25,000 square feet or more
in which 10 or more mechanical devices, pool tables, jukeboxes, bowling
alleys or combination thereof are possessed, installed, used, located
or placed for the use, patronage, entertainment or recreation of the
public or of persons in or about the establishment or premises.
Any restaurant, bar, tavern, retail, manufacturing, wholesale,
institutional, educational, religious, governmental or other nonresidential
establishment or premises, whether or not in operation.
Any device, machine or apparatus used for the playing of
poker, blackjack, keno, bingo, other casino games or other games of
chance for which a fee is charged, whether or not such device is operated
through 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, other casino games or other games of chance for which a fee
is charged, whether or not such device is operated through 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, for which a
fee is charged, whether or not such device is operated through the
insertion therein of any coin, currency, metal disc, slug or token.
The period of time from the date a license is effective through
December 31 of the calendar year in which the license becomes effective.
An applicant to whom a license under this Part has been issued.
Video, electric, electronic or mechanical device, shuffleboard
device, gambling device and/or any other devices, machines or apparatuses
whatsoever for the playing of games, entertainment or recreation for
which a fee is charged, whether or not such device is operated through
the insertion therein of any coin, currency, metal disc, slug or token,
but shall not include jukeboxes, pool tables or illegal gambling devices.
Any business establishment in which three or more pool tables
are possessed, installed, used, located or placed for the use, patronage,
entertainment or recreation of the public or of persons in or about
the establishment or premises, but shall not include arcades.
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 therein of any coin, currency, metal disc, slug or token.
Any natural person, partnership, corporation or entity which
owns, leases, operates, controls or maintains a business establishment.
Any natural person, partnership, corporation or other entity
which owns, controls, makes, assembles, sets up, maintains, sells,
lends, leases, obtains or attempts to obtain financial gain from,
gives away or offers for sale, loan, lease, financial gain or gift
any mechanical device, jukebox or pool table.
Any device, machine or apparatus used for the playing of
games or otherwise used for the purpose of recreation or entertainment
for which a fee is charged, whether or not such device is operated
through the insertion therein of any coin, currency, metal disc, slug
or token, including, but not limited to, mechanical rides, claw machines,
electric or electronic dart boards, gambling devices, pinball machines,
video games, air-hockey tables and foosball games.
1.
No person shall
at any time possess, install, use, locate or place; attempt to possess,
install, use, locate or place; or suffer or permit to be possessed,
installed, used, located, placed on or operated in or at any business
premises within the Borough of Homestead any mechanical device, jukebox,
pool table, arcade, bowling alley or pool hall, not having first procured
a license therefor for the license year as hereinafter provided in
this Part.
2.
A separate license
shall be required for each mechanical device, jukebox, pool table,
bowling alley or a pool hall possessed, installed, used, located,
placed on or operated in or at any business premises, except for:
A.
Mechanical devices,
jukeboxes, pool tables or bowling alleys possessed, installed, used,
located, placed on or operated in or at any arcade for which an arcade
license has been obtained; and
B.
Pool tables
possessed, installed, used, located, placed on or operated in or at
any pool hall for which a pool hall license has been obtained.
Any natural person, partnership, corporation
or other entity, desiring to procure a license under this Part shall
file with the Borough a written application for license of mechanical
devices, jukeboxes, pool tables, arcades, bowling alleys or pool halls.
The application shall contain the following:
2.
The name, business
address and phone number of all vendors of each mechanical device,
jukebox, pool table, arcade, bowling alley or pool hall to be licensed.
3.
The name and
business address and phone number of all proprietors of all business
establishments at which each mechanical device, jukebox, pool table,
arcade, bowling alley or pool hall to be licensed is to be possessed,
installed, used, located, placed or operated.
4.
The name and
business address and phone number of all business establishments at
which each mechanical device, jukebox, pool table, arcade, bowling
alley or pool hall to be licensed is to be possessed, installed, used,
located, placed or operated.
5.
A list of all
mechanical devices, jukeboxes or pool tables to be licensed, or to
be possessed, installed, used, located, placed on or operated, in
or at any arcade, or pool tables to be possessed, installed, used,
located, placed on or operated in or at any pool hall, each described
by type of device, manufacturer's name and manufacturer's serial number.
6.
A statement of
the fee applicable for each mechanical device, jukebox, pool table,
arcade, bowling alley or pool hall to be licensed.
7.
A statement of
the citizenship of the applicant.
8.
An acknowledgment,
separately signed by the applicant, that the license does not sanction
or condone the use or possession of any illegal gambling device, whether
illegal per se or as modified.
9.
An acknowledgment,
separately signed by the applicant, that the illegal use or possession
of an illegal gambling device, either per se or as modified, may result
in a criminal prosecution of the applicant.
10.
A grant of
permission, separately signed by the applicant, to the Borough of
Homestead and its authorized officers, agents or employees to enter,
during normal business hours, any business establishment in which
any of the applicant's mechanical devices, jukeboxes, pool tables,
arcades, bowling alleys or pool halls are possessed, installed, used,
located, placed or operated, for the purpose of inspecting the business
establishment and/or the mechanical devices there possessed, installed,
used, located, placed or operated for compliance with this Part.
11.
A statement
that the applicant or, if the applicant is not a natural person, its
partners or its officers and directors have not been found guilty
of or accepted into accelerated rehabilitative disposition for possessing,
installing, using, locating, placing or operating mechanical device,
jukebox, pool table, arcade, bowling alley or pool hall in violation
of federal, state or local law, ordinance or regulation during the
three years immediately preceding the date of the application.
12.
An authorization,
separately signed by the applicant, or if the applicant is not a natural
person, by the applicant's partners or officers and directors, to
perform a criminal history records check, including a check on acceptance
into accelerated rehabilitative disposition program, on the applicant,
or if the applicant is not a natural person, on its partners or its
officers and directors.
13.
A statement
that the application is for an annual license or a temporary license,
as applicable.
14.
A verification,
separately signed by the applicant, or if the applicant is not a natural
person, by the applicant's authorized partner, officer or director,
that the facts set forth in the application are true and correct to
the signer's personal knowledge, information or belief, and that any
false statements therein are made subject to the penalties of 18 Pa.C.S.A.
§ 4904, relating to unsworn falsification to authorities.
1.
Annual license.
An annual license issued under this Part shall remain in effect for
one license year and shall expire on December 31 of the license year.
An annual license may be renewed each license year after the first
license is issued by filing a new application.
2.
Temporary license.
A temporary license issued under this Part shall remain in effect
for seven calendar days from its effective date. A temporary license
may be renewed no more than three times in any license year. An applicant
for a renewed temporary license within a license year need not file
a new application, but may make a written request for renewal, which
shall be deemed an application for purposes of this Part, provided
that the applicant shall make a verification, separately signed by
the applicant, that the facts contained in the application remain
true and correct to the signer's personal knowledge, information or
belief, and that any false statements therein are made subject to
the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn
falsification to authorities.
In order to be eligible for a license under
this Part an applicant shall:
1.
Be a proprietor
or vendor.
2.
Be a citizen
of the United States. For purposes of this Part, the citizenship of
a partnership shall be the citizenship of its partners, and the citizenship
of a corporation shall be its place of incorporation.
3.
If a natural
person, be at least 21 years of age.
4.
If a natural
person, then the applicant, and if a partnership or corporation, then
its partners, officers and directors, not have been found guilty of
or accepted into accelerated rehabilitative disposition for possessing,
installing, using, locating, placing or operating a mechanical device,
jukebox, pool table, arcade, bowling alley or pool hall in violation
of federal, state or local laws, ordinances or regulations within
three years of the date of application.
A license shall be issued to an applicant only
upon the occurrence of the following conditions:
1.
The applicant shall have filed a full and complete application in accordance with § 13-604 of this Part.
3.
The applicant shall have paid the applicable fee in accordance with § 13-608 of this Part at the time of application.
4.
At least 10 business
days shall have elapsed from the date of filing of the application,
during which time the Borough may, at its discretion, investigate
the facts set forth in the application.
[Amended at time of adoption of Code (see AO)]
The Borough shall issue to each applicant who is eligible under § 13-606 of this Part and who has met the conditions for issuance under § 13-607 of this Part and who has paid the fee therefor under § 13-608 of this Part a license for each mechanical device, jukebox, pool table, arcade, bowling alley or pool hall for which a license is requested.
1.
The license for
any mechanical device or pool table (except for mechanical devices
or pool tables in an arcade or pool tables in a pool hall) shall be
a disc, plate or sticker with the number of the license, the type
and serial number of the mechanical device or pool table, and imprinted
or stamped thereon a statement that the mechanical device or pool
table is for entertainment or recreational purposes only; the mechanical
device or pool table is not an illegal gambling device and only additional
games, and not money, may be won on the mechanical device or pool
table, and shall be prominently displayed on the mechanical device
by attaching it thereto so that it is clearly observable and readable.
2.
The license for
a jukebox (except for jukeboxes in an arcade) shall be a disc, plate
or sticker with the number of the license, the type and serial number
of the jukebox and shall be prominently displayed on the jukebox by
attaching it thereto so that it is clearly observable and readable.
3.
The license for
an arcade, bowling alley or pool hall shall be a certificate with
the number of the license, the name and address of the proprietor
and imprinted or stamped thereon a statement that gambling is prohibited
therein and the mechanical devices or pool tables therein are for
entertainment or recreational purposes only; the mechanical devices
or pool tables therein are not illegal gambling devices; and that
only additional games, and not money, may be won on the mechanical
devices or pool tables therein, and shall be prominently displayed
in the business establishment so that it is clearly observable and
readable.
1.
Annual licenses.
A proprietor or vendor who holds the annual license may transfer the
annual license:
A.
If it is a license
for a mechanical device, jukebox or pool table, to a mechanical device,
jukebox or pool table of the same type at the same business establishment
upon payment of a transfer fee equal to 10% of the license fee.
B.
If it is a license
for a mechanical device, jukebox or pool table, to a mechanical device,
jukebox or pool table of the same type to another business establishment
owned by the same proprietor or vendor upon payment of a transfer
fee equal to 10% of the license fee.
C.
If it is a license
for an arcade, pool hall or bowling alley, to another business establishment
owned by the same proprietor or vendor upon payment of a transfer
fee equal to 10% of the license fee.
2.
Temporary licenses.
No temporary license shall be transferred.
3.
No license shall
be removed from a licensed mechanical device, jukebox, pool table,
arcade, bowling alley or pool hall, and no licensed mechanical device,
jukebox or pool table shall be removed from the business establishment
at which the application states it shall be possessed, installed,
used, located, placed or operated unless the license is transferred
in accordance with this section, the license is surrendered to the
Borough, or the removal is temporary for purposes of repair, and the
Borough has been given prior notice of the removal.
The Borough or its officers, agents or employees
may, during regular business hours, conduct inspections of any business
establishment where any mechanical device, jukebox, pool table, arcade,
bowling alley or pool hall subject to licensing under this Part is
possessed, installed, used, located, placed or operated to ensure
compliance with this Part. Nothing herein shall be deemed to limit
the ability of the Borough or its officers, agents or employees to
enter, inspect or search with probable cause and/or a warrant in accordance
with law.
1.
In the event
any applicant falsifies any information on an application for license
under this Part, the Borough shall immediately revoke all licenses
issued under this Part to such applicant, and the applicant shall
not be eligible for a license thereafter.
2.
In the event
a proprietor or vendor is convicted of possessing, installing, using,
locating, placing or operating a mechanical device, jukebox, pool
table, arcade, bowling alley or pool hall in violation of any state,
local or federal law, ordinance or regulation, the Borough shall revoke
all licenses issued to such proprietor or vendor, and the proprietor
or vendor shall not be eligible for a license for a period of three
years thereafter.
3.
Any mechanical
device, jukebox or pool table which is possessed, installed, used,
located or placed in violation of federal or state laws, or this Part,
may be deemed contraband and forfeited in accordance with the provisions
of 18 Pa.C.S.A. § 6501(d).[1]
[1]
Editor's Note: Subsection (d) of 18 Pa.C.S.A. § 6501
was deleted by 2017, June 29, P.L. 247, No. 13, effective 7-1-2017.
Because the Borough intends to foster compliance
with the laws of the Commonwealth of Pennsylvania and the United States,
and this Part, regarding illegal possession and/or use of gambling
devices, no Borough employee or agent may promise, suggest or insinuate,
either expressly or by implication, that the applicant, proprietor
or vendor who illegally uses or possesses any gambling device, illegal
gambling device, mechanical device or pool table used or intended
to be used for gambling purposes, shall not be prosecuted, and no
person may rely upon any such promise, suggestion, insinuation, expression
or implication.
No license fee shall be required for any mechanical
device, jukebox or pool table which is operated by volunteer fire
companies, volunteer ambulance organizations or organizations which
have qualified under § 501(c)(3) of the Internal Revenue
Code for exemption from federal income tax; and the proceeds of which
are devoted exclusively to volunteer fire company activities, volunteer
ambulance organization activities or to the following purposes within
the meaning of § 501(c)(3) of the Internal Revenue Code:
religious, charitable, educational, scientific, literary, testing
for public safety, fostering national or international amateur sports
competition or the prevention of cruelty to children or animals.
[Amended at time of adoption of Code (see AO)]
Any person, firm or corporation violating any
provision of this Part shall, upon conviction in a summary proceeding
under the Pennsylvania Rules of Criminal Procedure, be guilty of a
summary offense and shall be punishable by a fine of not more than
$1,000, plus court costs and reasonable attorneys' fees incurred by
the Borough in the enforcement proceedings. Upon judgment against
any person by summary conviction, or by proceedings by summons on
default of the payment of the fine or penalty imposed and the costs,
the defendant may be sentenced and committed to the county correctional
facility for a period not exceeding 30 days. Each day that such violation
exists shall constitute a separate offense, and each section of this
Part 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 Part in equity in the Court of Common Pleas of Allegheny
County.
1.
Applications
shall be filed with, and determinations shall be made thereon by,
the Borough Manager.
2.
Licenses shall
be revoked by the Borough Manager. The Borough Manager shall give
a licensee notice 10 calendar days prior to revoking a license, stating
the reason or reasons for the revocation. The licensee shall respond
to the notice, in writing, within 10 calendar days of service of the
notice upon the licensee, stating the licensee's reason or reasons
why the license should not be revoked, and attaching thereto any evidence
the licensee believes is relevant to the determination. If the licensee
does not respond within the 10 calendar days, or the Borough Manager
does not find the licensee's reason or reasons to be sufficient, the
Borough Manager shall issue an order revoking the license and directing
the licensee to return the licenses of all mechanical devices, jukeboxes,
pool tables, arcades, bowling alleys or pool halls the licenses of
which have been revoked from the Borough of Homestead; to remove all
mechanical devices, jukeboxes, pool tables, and to cease operating
all arcades, bowling alleys or pool halls the licenses of which have
been revoked from the Borough of Homestead; and upon failure of the
licensee to comply with the order, directing the Chief of Police or
Code Enforcement Officer to seal all mechanical devices, jukeboxes
and pool tables the licenses for which have been revoked to prevent
the insertion therein of any coin, currency, metal disc, slug or token,
or to close all arcades, bowling alleys or pool halls the licenses
for which have been revoked. The Borough Manager shall serve the decision
upon the applicant or licensee at the address set forth on its application
by United States mail, postage prepaid.
3.
An applicant
or licensee aggrieved by the decision of the Borough Manager shall
have the right to appeal to the Borough Council, or a member of Borough
Council or other person appointed by Borough to hear such appeals.
The appeal shall be in writing and shall be filed with the Borough
Secretary within 10 calendar days of the service of the order. The
hearing on the appeal shall take place within 20 days of the Borough
Secretary's receipt of the appeal. The order revoking a license, directing
the return of a license and removal of a mechanical device, jukebox
or pool table from the Borough or the sealing of a mechanical device,
jukebox or pool table or the closing of an arcade, bowling alley or
pool hall shall not be enforced until the appeal period has run and
no appeal has been filed, or until the appeal is decided by the Borough
Council, or a member of Borough Council or other person appointed
by Borough to hear such appeals.
4.
This Part shall
be enforced, and inspections of business establishments and mechanical
devices performed, by any police officer of the Borough of Homestead
as well as the Code Enforcement Officer, each of whom shall have the
authority to issue citations for violations of this Part.
