[HISTORY: Adopted by the Borough Council of the Borough of Dravosburg as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-14-1975 by Ord. No. 564]
As used in this article, the following terms shall have the meanings indicated:
LICENSE
A writing issued by the Borough in any suitable form, identifying the mechanical device for amusement purposes by manufacturer's serial number, trade name and/or other description; the business location in the Borough; the applicant and owner or other person responsible for the care and maintenance thereof, indicating Borough approval and payment of the license fee.
MECHANICAL DEVICE FOR AMUSEMENT PURPOSES
Any mechanical device, machine, or other apparatus whatsoever constructed or adapted for the playing of games and amusements, including but not limited to pin ball machines; juke boxes; shuffleboards; bowling machines; and pool tables, whether coin-operated or made available to the public on a time or rental basis, or as a matter of business promotion. Provided, however, this definition shall not include any mechanical device for amusement purposes owned and maintained by any person in his own home solely for private use, so long as:
A. 
The public is not invited;
B. 
No charge or fee is imposed; and
C. 
No policing or municipal supervision becomes necessary to control the premises where such mechanical device is maintained.
PERSON
A natural person, persons, or group of persons; a partnership, including the individual partners; a corporation, including the officers; a business trust, including the officers; or any other legal entity, including the individual officers or individuals responsible for policy.
It shall be unlawful for any person to own, possess, lease, or maintain any mechanical device for amusement purposes in the Borough of Dravosburg without having first obtained a license as set forth in this article.
Any person desiring to procure and obtain a license as provided in § 88-2, above, shall apply in writing to the Secretary of the Borough of Dravosburg, setting forth the name or names of the applicant; the real owner of the mechanical device for amusement purposes; the residence and business location of the applicant; the residence or business location of the real owner; the occupation or occupations of the applicant for a period of five years prior to the application; the name and address of the owners of the premises upon which the subject machine is to be installed and used, if the applicant is not the owner, the trade name, manufacturer's serial number and/or other suitable description to identify the particular machine or apparatus for which a license is being applied for. The application shall be furnished over the signature of the applicant under oath or affirmation.
The officials, agents or employees may, at their discretion, investigate the facts set forth in the application, and for that purpose may delay the issuance of a license for a period of seven days.
Nothing in this article shall be construed or interpreted as authority to permit gambling or the installation of any device or mechanism determined in the courts or by statute to be a gambling device, nor as authority to violate any other law or ordinance otherwise controlling.
[Amended 1-19-1988 by Ord. No. 88-01; 1-19-1998 by Ord. No. 99-01[1]]
After proper application made and approved, the applicant shall pay over to the Secretary of the Borough a sum as set from time to time by resolution of the Borough Council for each and every separate mechanical device for amusement purposes as defined in this article, which payment shall be a license fee for the calendar year of application ending on December 31 next. The said license fee shall not be pro-rated but shall remain for the whole or any portion of the given year, except that any license so issued may be transferred to a substitute machine or device upon request made and upon furnishing the pertinent information as required on the original or prior application.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The Chief of Police, or any other proper officer so designated by the Mayor, shall render any machine or device for amusement purposes inoperable by lead seal, chain, or otherwise when the proper license fee has not been paid, and such seal, chain, or other control shall not be removed or broken until the proper license fee has been paid. While said unlicensed machine or device is under seal as aforesaid, the person in charge of the subject location shall be responsible for the sealed machine or device, and shall also be responsible for any unlawful use.
The Borough may issue metal discs, license tags, cards, or other suitable display emblem setting forth the license number for each machine or device, to be attached or fastened to each machine or device under license, for control purposes.
Any person violating any of the provisions of this article shall, upon summary conviction, be subject to a fine of not less than $50 nor more than $300, together with costs of prosecution, for each and every offense, and, in default of payment of any fine and costs imposed, may be committed to the Allegheny County Jail for a period not exceeding 30 days. Each and every day that a mechanical device for amusement purposes is operated in violation hereof shall constitute a separate offense.