[HISTORY: Adopted by the Board of Supervisors
of the Township of Allegheny 11-14-1994 (§§ 3.21 to 3.32 of the 1986 Code). Amendments
noted where applicable.]
A.
AMUSEMENTS
MECHANICAL DEVICE
MUSIC BOX
PERSON
VIDEO DEVICE
The following terms, when used in this chapter, shall
have the following definitions:
Includes any theatrical or dramatic performance, opera, concert,
vaudeville or motion-picture show, circus, menagerie or carnival,
or any other exhibition, show or amusement whatsoever of any nature
or kind, for which an admission fee is charged or for which money
or any other nature of reward is in any manner demanded or received;
provided, however, that the term "amusements" shall not include any
lecture on current affairs or any scientific, literary, historical,
or religious subject, nor shall such term include any exhibition of
statuary, painting or handicraft of any kind nor any church or school
affair, nor any performance or exhibition conducted for benevolent
or charitable purpose.
Any machine or apparatus whatsoever utilizing gears, electrical
current, circuits, electronic ions, rays or beams, computer chips,
fuel or solar cells or any other technological methods, magnets or
any combination thereof, offered for an established price for the
purpose of amusement, recreation or for games of skill and/or chance.
The term "mechanical device," as used in this chapter, shall also
include music boxes and video devices as those terms are described
herein.
Any mechanical device which, upon payment of the price, whether
it be by insertion of a coin, metal disc, slug, token or other form
of monetary exchange, solely reproduces audio sounds.
Any natural person, partnership, association, firm, corporation
or other entity.
Any mechanical device offered for a price to the general
public or a select number thereof, which reproduces images from film,
tape, discs, computer chips, or any other technological method, including
devices which are viewed at random by paying the established price.
Such devices may be commonly known as "video games," "arcade games,"
"pinball machines," "video jukeboxes" or other similar nomenclature,
excepting those devices used in motion-picture theaters or drive-in
theaters as those nomenclatures are commonly understood and whose
principal business is to exhibit motion pictures by projecting images
upon a screen to be viewed by a common audience at a scheduled time.
B.
In this chapter, the singular shall include the plural
and the masculine shall include the feminine and the neuter.
A.
No person or persons shall at any time offer to the
general public within the Township of Allegheny for a price any amusement,
mechanical device, music box, video device or place of amusement without
first having procured a license therefor as hereinafter provided by
this chapter.
B.
On or after the effective date of this chapter, it
shall be unlawful for any person or persons to offer to the general
public, or limited or selected number thereof, amusements, mechanical
devices, music boxes, video devices or to otherwise operate a place
of amusement unless an amusement and/or mechanical device license
shall have been issued by the Township of Allegheny.
Any person or persons desiring to procure an
amusement, place of amusement and/or mechanical device license shall
apply therefor in writing to the Manager of the Township of Allegheny.
Said application shall set forth the name or names and the residence
or residences of the person or persons, firm, corporation, or other
entity so applying, together with the name of the owner of the premises
upon which the aforesaid machines are to be used and installed, and
if the owner of the premises is not the applicant, then the applicant
shall set forth the length of time for which the premises has been
leased. The applicant shall also set forth the manufacturer and nature
of the machines to be installed and used and/or the type of amusements
or places of amusement to be offered and/or operated. The information
hereby required shall be furnished over the signature of the applicant
or applicants and shall be made under oath or affirmation.
No license shall be granted until a period of
seven days shall have elapsed from the date of application, during
which time the officials or employees of the Township of Allegheny
may, at their discretion, investigate the facts set forth in the application.
No license shall be transferable and any attempt to transfer said
license will void the license and subject the holder of the transferred
license to the penalties contained herein.
Nothing in this chapter shall in any way be
construed to authorize, license or permit any gambling device whatsoever
or any mechanism that has been judicially determined to be a gambling
device or in any way contrary to law, or that may be contrary to any
present or future laws of the Commonwealth of Pennsylvania.
It shall be unlawful for any person to offer
to the general public or operate any amusement, place of amusement
and/or mechanical device without first having obtained a license therefor
from the Township Manager for which a fee shall be paid as established
pursuant to a resolution of the Board of Supervisors of Allegheny
Township, as such resolution may from time to time be amended or repealed
and replaced. Any person may obtain information concerning license
fees by contacting the Township Manager.
The license year shall be from January 1 to
December 31 of each year, and in the event that any place of amusement
or mechanical device is subject to an annual license fee and the same
is offered, operated and/or installed within the first six months
of the year, the full license fee shall be due and payable, and in
the event that any of the said amusements, places of amusement and/or
mechanical devices are offered, operated and/or installed after the
30th day of June in any year, then the license fee for the balance
of the year shall be 1/2 of the license fee hereinabove set forth
for those items subject to an annual fee as set forth, and upon payment
of the license fee herein provided a license will be issued.
The Chief of Police and the Police Department
shall have the duty of regulating and supervising the operation of
any such mechanical devices, amusements, and/or places of amusement
and to regularly inspect the same to determine whether or not the
installation, maintenance, use and/or operation thereof amounts to
a public nuisance. In the event that it is determined that any such
amusements, places of amusement or mechanical devices constitute a
nuisance or are installed, maintained, used, offered and/or operated
in violation of the acts of the commonwealth and/or the ordinances
of the Township of Allegheny, then the license as to all amusements,
places of amusement and/or mechanical devices operated by the licensee
shall be revoked and there shall be no rebate of the license fee theretofore
paid.
Every person who makes application for an amusement,
place of amusement or mechanical device license and/or is granted
said license shall be legally responsible for the following:
A.
To insure that the business where such amusement,
place of amusement and/or mechanical device is offered and/or available
is operated in a peaceful and orderly manner and not conducted in
such a manner as to create a public or private nuisance.
B.
To insure that no noise, either from the amusement,
place of amusement and/or mechanical devices, or from the patrons,
or a combination of both, which can be heard solely by the ear, shall
be transmitted or heard beyond the premises where the amusement, place
of amusement or mechanical device is located.
C.
To insure that none of the video devices exhibit obscene
or pornographic matter.
D.
To prevent loitering of persons on or about the area
which is under the control or ownership of the persons who operate,
run, offer or own the business or premises where the amusement, place
of amusement or mechanical device is housed.
E.
To be truthful with respect to all information requested
on the application for the license and to cooperate fully with the
Allegheny Township police.
F.
To inform the Manager of the Township of Allegheny
of any change in data or information provided on said application
within 10 days after said changes have occurred or after the applicant
or licensee becomes aware of said changes.
G.
To make annual application for said license and to
pay the annual license fee on or before January 1 of the year for
which the license is requested.
H.
To comply with all the requirements of this chapter.
Any person or persons who make false or untrue
statements on an application, or fail or refuse to procure an amusement,
place of amusement and/or mechanical device license or to pay the
required fee when so required under this chapter, or fails to keep
said license conspicuously posted upon said amusement, place of amusement
or mechanical device as required herein, or violates the duties of
a licensee hereunder shall, upon conviction before any District Justice
or court of competent jurisdiction, be sentenced to pay a fine of
not more than $300 for each offense, and in default of payment of
said fine, to be imprisoned for a period not exceeding 30 days for
each offense. In the case of firms, corporations, associations, partnerships
or other entities, the penalty may be imposed upon the partners or
members thereof, and in the case of corporations, upon the officers
thereof. Each day that a violation continues shall be considered a
separate offense.
The provisions of this chapter are severable.
If any sentence, word, phrase, clause or section of this chapter is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, words, phrases,
clauses or sections of this chapter. It is hereby declared to be the
intent of the Township of Allegheny that this chapter would have been
adopted as if such unconstitutional, illegal or invalid sentence,
word, phrase, clause or section had not been included herein. If the
fee, or any portion thereof, imposed on a person under the provisions
of this chapter, shall be held by any court of jurisdiction to be
in violation of the Constitution of the United States or the laws
and/or constitution of the Commonwealth of Pennsylvania, the decision
of the court shall not affect or impair the right to impose the fee
or the validity of the fee so imposed upon any other person or persons
as herein provided.
