Borough of Oakmont, PA Amusements and Amusement Devices

From and after the passage and approval of this article, no person or persons, firm or corporation within the Borough of Oakmont shall act, play, perform or exhibit any opera, play, circus riding, feats of horsemanship, menagerie or exhibition of animals, panorama, paintings, sculptors, natural curiosities, tricks or legerdemain, gymnastics, concerts, moving picture shows or other exhibitions, entertainments, shows or amusements of whatever name or nature, nor conduct any public swimming pool, bathing beach, summer or roof gardens, merry-go-rounds, bowling alley or pool or billiard room, nor conduct any public dance hall or give any public dance or ball, nor conduct any public park, for which money or any other reward of any kind is in any manner demanded or received, without first having obtained a permit from the Mayor and a license from the Borough Secretary, which said permit and license used for that purpose shall both express for what the same is granted and the time the same is to continue.

§ 60-2 Issuance of permit and license.

It shall be lawful for the Mayor at his discretion to grant a permit to any person or persons applying to him for the same for any of the amusements, concerts, exhibitions or performances mentioned in the preceding section. It shall then be the duty of the person or persons to whom such permit is granted to call at the office of the Borough Secretary, who upon delivery to him of the license fee hereinafter mentioned, shall issue to such person a license to conduct such amusement, concert, exhibition, performance, bowling alley, pool or billiard room, swimming pool, bathing beach, summer or roof garden, dance hall or ball, and for such time as the Mayor's permit shall specify.

§ 60-3 License fees; types of performances permitted; restriction.

The license fee to be paid to the Borough Secretary for the use of the borough, by any person or persons, firm or corporation having a permit from the Mayor and applying for license to exhibit any theatrical or dramatic or other permanent entertainment within said borough or to conduct a public bowling alley, pool or billiard room or dance hall, swimming pool, bathing beach and summer or roof garden, shall be a sum per month as set from time to time by resolution of the Borough Council.

Places of amusement having no seating capacity, such as penny arcades, edisonions, shooting galleries and similar places, shall pay at a rate for each and every month or any fraction thereof as set from time to time by resolution of the Borough Council.

Whenever any person or persons shall have taken out a permit and license for a theatrical or dramatic or other permanent entertainment, he or they shall not be limited to an exhibition of the kind therein described, but may vary the entertainment by the employment of persons in a different line of performance or exhibition, provided that this section shall not be construed to authorize the person so licensed to lease or let the building occupied by him or them to other persons for the purpose of giving exhibitions therein, but shall be limited to exhibitions and performances given by or under the control or for the benefit of the person or persons so licensed.

The license fee to be paid for exhibitions which are not permanent shall be as follows, to wit:

(1)

For any opera or concert, for each performance or for each and every week: as set from time to time by resolution of the Borough Council.

(2)

For each and every circus, menagerie or exhibition of feats of horsemanship, or any combination of the same, per day: as set from time to time by resolution of the Borough Council.

(3)

For any public ball: as set from time to time by resolution of the Borough Council.

(4)

For any other performance or exhibition, per day: as set from time to time by resolution of the Borough Council.

The license fee for every other form of public amusement not heretofore specifically mentioned or not specifically covered shall be at a rate per month for each and every month or any fraction thereof: as set from time to time by resolution of the Borough Council.

§ 60-4 Amusements excepted.

For lectures on scientific, historical or literary subjects, exhibitions or fairs, exhibitions of paintings or statuary, given or made by citizens of said borough, and all musical parties or concerts for benevolent, charitable or religious purposes, no permit or license shall be required.

§ 60-5 Indecent performances prohibited; termination of license.

It shall be unlawful for any person or persons to act, exhibit, show or perform in or cause to be acted, exhibited, shown or performed or to be in any manner concerned in acting, exhibiting, showing or performing of any indecent or blasphemous play, farce, opera or public exhibition, show or entertainment or performance of any kind whatever, and if, in the opinion of the Mayor, the act, exhibition, show or performance given by any licensee under the provisions of this article shall be of an indecent or blasphemous character or of a kind prejudicial to public morals, the Mayor may, in writing, revoke the permit already given, and the license issued shall immediately thereupon cease and terminate, and said licensee shall forfeit all moneys paid on said license.

§ 60-6 Lotteries prohibited.

It shall be unlawful for any person to give or distribute by lottery, or any scheme of chance, personal or real property to or among any person or persons attending any of the performances mentioned in this article.

§ 60-7 Hours of operation.

All public places of amusement, including dance halls, moving picture theaters, public bowling alleys, pool or billiard rooms, swimming pools, summer gardens and all other places of amusement, as more particularly itemized in § 60-1 hereof, shall close at an hour not later than 1:00 a.m. of each day, and on Saturday night of each week they shall close not later than 12:00 midnight, and during the summer months or from the last Sunday in April to the last Sunday in September of each and every summer, in which daylight saving time is commonly observed throughout the borough, the Mayor shall and may require the closing of all such places one hour earlier, to wit, not later than 12:00 midnight Eastern standard time of each day in the week except Saturday, and on each and every Saturday they shall be required to close not later than 11:00 p.m. Eastern standard time, and after closing in all cases shall remain closed at least until the sunrise following and shall otherwise obey the laws of the commonwealth and ordinances of said borough.

§ 60-8 Violations and penalties.

[Amended 3-12-2000 by Ord. No. 09-2000]

Each and every person or persons, firm or corporation neglecting or refusing to comply with any of the provisions of this article or in any manner violating the provisions of this article shall, upon conviction thereof before the Mayor or any District Justice, be punishable by a fine of not more than $600, plus costs of prosecution, and in default of payment of such fine and costs by imprisonment for not more than 30 days, and the owner or owners of any property or premises let or demised or occupied, whether by license or lease, for any of the purposes aforesaid, who shall after reasonable notice permit his premises to be occupied or used without permit or license as hereinbefore required shall be liable or subject to a like fine or penalty, and provided further that he or they shall be liable to a like and additional fine or penalty for each and every week that the unlawful use is continued by reason of his or their failure to cause the discontinuance of such unlawful use after such reasonable notice or by reason of the continued failure to secure the necessary permit and license.

§ 60-9 Complaint of violation.

The method of procedure shall be a complaint before the Mayor or District Justice, who shall hear and adjudge said complaint, and all moneys received under the provisions of this article shall be for the use of the borough.

Article II Mechanical Amusement Devices

[Adopted 3-13-2000 by Ord. No. 017-2000[1]]

[1]

Editor's Note: This ordinance also provided for the repeal of former Art. II, Mechanical Amusement Devices, adopted 1-13-1969 as Ch. 6, Art. II, of the 1969 Code, as amended.

§ 60-10 Enacting clause.

Be it ordained and enacted by the Borough Council of the Borough of Oakmont, and it is hereby ordained and enacted by the authority of the same, that from and after the effective date of this article, the following article shall be in full force and effect in the Borough of Oakmont.

§ 60-11 Title.

This article shall be known as the "Mechanical Amusement Device Tax Ordinance."

§ 60-12 Conflict and repeal of prior provisions.

Ordinance Nos. 1819-59, 2212-65, 028-81, 038-88, 03-95 and 026-78[1] are hereby repealed as are all other ordinances or parts of ordinances insofar as they conflict with the provisions of this article; 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 article had not been approved.

[1]

Editor's Note: Said ordinances comprised former Art. II.

§ 60-13 Word usage.

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

Words used in the 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 the Borough of Oakmont, through enacting this article, intends to favor the public interest as against any private interest.

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

§ 60-14 Definitions.

Unless the context clearly indicates otherwise, the following words and phrases, used in this article or in an application for license of amusement devices, shall have the meanings given to them in this section:

AMUSEMENT DEVICE

Video or mechanical 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 or which seeks to obtain a license for an amusement device under this article.

APPLICATION FOR LICENSE OF AMUSEMENT DEVICE

The document filed by an applicant requesting a permit to possess in the Borough of Oakmont 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 or 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 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 8-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 or which 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 or which is the lawful owner of any jukebox, pool table or video or mechanical amusement device for which a license is sought under this article, 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 the Ordinance.

§ 60-15 License required.

No person, firm, partnership, corporation or other entity shall at any time have in his or its possession within the Borough of Oakmont 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 article.

§ 60-16 Application for license.

Any person, firm, corporation or other entity desiring to procure a license as required in § 60-15 of this article shall apply therefor, in writing, to the Borough Manager. 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 the 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 article and that he/they have read and agree to be bound by all terms and provisions hereof;

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

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.

§ 60-17 Persons ineligible for licenses.

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

Is not a citizen of the United States;

Is not 21 years of age; or

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.

§ 60-18 Conditions 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 Manager may, at his or her discretion, investigate the facts set forth in the application.

The Borough Manager 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 that:

(1)

Obtaining or displaying a license, issued hereunder, 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)

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 Borough of Oakmont or other law enforcement officials.

§ 60-19 Construal of provisions.

Nothing in this article 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.

§ 60-20 License fees.

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

(1)

One hundred dollars for each jukebox;

(2)

One hundred dollars for each pool table; and

(3)

Three hundred dollars for each video or mechanical amusement device.

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:

(1)

Fifty dollars for each jukebox;

(2)

Fifty dollars for each pool table; and

(3)

One hundred fifty dollars for each video or mechanical amusement device.

§ 60-21 Issuance and display.

Upon the payment of the license fee provided by this article, and if the application fully complies with this article, the Borough Manager 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 transferable to another machine or device. All discs, plates or stickers issued by the Borough of Oakmont 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.

§ 60-22 Inspection.

The Borough of Oakmont 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 article is located, installed, placed or used to ensure compliance with this article.

§ 60-23 Revocation, debarment and contraband declaration.

In the event that any application, vendor or proprietor falsifies any information on an application for license of amusement devices or violates this article, the Borough of Oakmont shall immediately revoke all licenses issued under this article 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 Oakmont shall revoke each license issued to such person, as an applicant, vendor or proprietor.

Additionally, the Borough of Oakmont 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.

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

§ 60-24 Prohibition of suggestion or promise of nonprosecution.

Because the Borough of Oakmont 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 vendor who illegally uses or possesses any device used or intended to be used for gambling purposes shall not be prosecuted.

§ 60-25 Violations and penalties.

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