Borough of Mount Oliver, PA Chapter 64 Amusements and Amusement Devices

[HISTORY: Adopted by the Borough Council of the Borough of Mount Oliver 1-8-1999 by Ord. No. 835.[1] Amendments noted where applicable.]

[1] Editor's Note: This ordinance also superseded former Ch. 64, Amusements and Amusement Devices, adopted as follows: Art. I, Amusement Places and Devices, adopted 1-16-1956 by Ord. No. 465, as amended; Art. II, Coin-Operated Amusement Devices, adopted 12-16-1991 by Ord. No. 766, as amended.

§ 64-1 Short title.

This chapter shall be known as the "Mount Oliver Borough Amusement Tax Ordinance."

§ 64-2 Conflicts; repealer.

Ordinance No. 465, as amended,[1] and Chapter 64 of the Code of the Borough of Mount Oliver are hereby repealed as are all other ordinances or parts of ordinances insofar as they conflict with the provisions of this chapter; however, such repeal shall not affect any act done or any liability or violation accrued under any such prior ordinance herein repealed or superseded, and all such liabilities or violations shall continue and may be enforced in the same manner as if such repeal or supersession had not been made; and any offense or violation committed and any penalty or forfeiture incurred under any such ordinance herein repealed or superseded may be prosecuted in the same manner as if this chapter had not been approved.

[1] Editor's Note: Ordinance No. 465, adopted 1-16-1956, comprised former Art. I, Amusement Places and Devices, of this chapter.

§ 64-3 Rules of construction.

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

A. Words used in the 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. The Council intends to favor the public interest as against any private interest.

G. The headings prefixed to sections and other divisions of this chapter 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 words.

§ 64-4 Definitions.

Unless the context clearly indicates otherwise, the following words and phrases, used in this chapter or in an application for license of amusement devices, shall have the meanings 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 a video or mechanical amusement device under this chapter.

APPLICATION FOR LICENSE OF AMUSEMENT DEVICE

The document filed by an applicant requesting a permit to possess in the Borough of Mount Oliver 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 in operation.

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 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 any 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 this chapter 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 chapter.

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, pinball machines and video games.

§ 64-5 License required.

No person, firm, partnership, corporation or other entity shall at any time have in his possession within the Borough of Mount Oliver 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 chapter.

§ 64-6 Application for license.

Any person, firm, corporation or other entity desiring to procure a license as required in § 64-5 of this chapter 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 chapter and that he/they have read and agree to be bound by all terms and provisions hereof.

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.

§ 64-7 Persons ineligible for licenses.

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.

§ 64-8 Condition for issuance.

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/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 an amusement 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 Commonwealth of Pennsylvania or other law enforcement officials.

§ 64-9 Construction of provisions.

Nothing in this chapter 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.

§ 64-10 License fee.

[Amended 11-20-2000 by Ord. No. 849; 12-17-2001 by Ord. No. 865]

No license shall be issued until the annual fees set by motion of Council shall have been paid by the applicant to the Borough of Mount Oliver Secretary for each and every device to be installed or used. The 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 1/2 of the annual fee. Said fee shall be paid by the 31st day of December of each year, to cover the license fee for the following year, with a late charge of $50 per device, per day, payable thereafter.

§ 64-11 Issuance and display.

Upon the payment of the license fee provided by this chapter, and if the application fully complies with this chapter, the Borough Secretary shall issue a disc, plate or sticker setting forth the number of the 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 transferrable to another machine or device. All discs, plates or stickers issued by the Borough of Mount Oliver 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.

§ 64-12 Inspection.

The Borough of Mount Oliver or its agents may, during regular business hours of the business establishment, conduct inspections of any business establishment where any video or mechanical amusement device, jukebox or pool table licensed under this chapter is located, installed, placed or used, to ensure compliance with this chapter.

§ 64-13 Revocation, debarment and contraband declaration.

A. In the event that any applicant, owner or proprietor falsifies any information on an application for license of amusement devices, or violates this chapter, the Borough of Mount Oliver shall immediately revoke all licenses issued under this chapter to such applicant, vendor or proprietor.

B. 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 Mount Oliver shall revoke each license issued to such person, as an applicant, vendor or proprietor.

C. Additionally, the Borough of Mount Oliver shall not issue a license of amusement devices to any person who 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.

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

§ 64-14 Prohibition of suggestion or promise of nonprosecution.

Because the Borough of Mount Oliver 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 employee or agent may promise, suggest or insinuate, either expressly or by implication, that the applicant, licensee, proprietor or owner, who either illegally possesses any device used or intended to be used for gambling purposes, shall not be prosecuted.

§ 64-15 Violations and penalties.

For each and every violation of the provisions of this chapter, any person or persons, firm, partnership or corporation violating any of the provisions of this chapter shall constitute a summary offense and, upon conviction by the issuing authority for the magisterial district which includes the Borough of Mount Oliver, shall 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 the 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 chapter and shall be subject to separate and distinct penalties hereunder.