[HISTORY: Adopted by the Board of Supervisors
of the Township of Pine 4-6-1999 by Ord. No. 265. Amendments noted where
applicable.]
The provisions of former Chapter 92 (Amusement
Devices) of the Code of the Township of Pine are hereby repealed,[1] as are all other ordinances or parts of ordinances insofar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accrued under any such prior regulation herein repealed or superseded,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incurred under any such regulation herein repealed or superseded,
may be prosecuted in the same manner as if this chapter had not been
approved.
[1]
Editor's Note: Said former Ch. 92, Amusement
Devices, was adopted 12-21-1988 by Ord. No. 173.
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 Township of Pine 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.
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:
A 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.
Any individual, partnership or corporation who or which seeks
to obtain a license for an amusement device under this chapter.
The document filed by an applicant requesting a permit to
possess in the Township of Pine 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.
Any restaurant, bar or tavern or retail, manufacturing, wholesale,
institutional, educational, religious, governmental or other nonresidential
establishment, store or business, whether or not in operation.
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, 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 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.
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.
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.
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 and/or other electronic
device, machine or apparatus is placed for the use, patronage, recreation
or amusement of the public or of persons in or about the business
establishment.
Any individual, partnership or corporation who or which is
the lawful owner of any jukebox, pool table or video or mechanical
amusement device and/or other electronic device, machine or apparatus
used for the playing of games and amusement for which a license is
sought under this chapter, or any individual, partnership or corporation
who or which 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 and/or other electronic
device, machine or apparatus used for the playing of games and amusement
for which a license is sought under this chapter.
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, gambling devices, pinball machines and video games.
No person, firm, partnership, corporation or
other entity shall at any time exhibit, display, maintain or have
in his, her or its possession within the Township of Pine any video
or mechanical amusement device, jukebox or pool table and/or other
electronic device used for the playing of games and amusement without
first having procured a license therefor as hereinafter provided in
this chapter.
Any person, firm, corporation or other entity desiring to procure a license as required in § 92-4 of this chapter shall apply therefor, in writing, to the Township of Pine's Manager or his or her designee. Said application shall be on an application form prepared and provided by the Township of Pine which shall set forth at least the following information:
A.
The name and address of the vendor of each jukebox,
pool table or video, mechanical or electronic amusement device to
be licensed.
B.
The name and address of the proprietor of the business
establishment in which each jukebox, pool table or video, mechanical
or electronic amusement device is to be located, used or installed
and the address of such business establishment (if different from
the address of the proprietor).
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, electronic or mechanical amusement
device, pool table, jukebox or other 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
with a copy of the provisions of this chapter and that he/they have
read and agree to be bound by all terms and provisions hereof.
G.
That the issuance of 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.
I.
The number, character and type of amusement devices
previously installed and licensed at the applicant's or proprietor's
business establishment.
The Township Manager, or his/her designee, 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 or electronic
amusement device in violation of the Crimes Code of the Commonwealth
of Pennsylvania, within three years of the date of application.
No license shall be granted until a period of
10 days shall have elapsed from the date of application, during which
time the Township Manager (or his/her designee) may, at his or her
discretion, investigate the facts set forth in the application.
A.
The Township 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.
B.
A license shall not be issued unless the applicant
acknowledges:
(1)
That obtaining or displaying a license issued by the
Township of Pine 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; and
(2)
That if the applicant or licensee illegally uses or
possesses an unlawful gambling device, either per se or as modified,
he or she may be prosecuted by the Township of Pine, the Pine Marshall
Bradfordwoods Joint Police Force or other appropriate law enforcement
officials.
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.
A.
No license shall be issued until the following annual
fees shall have been paid by the applicant to the Township of Pine
for each and every device to be installed or used:
|
Device
|
Fee
(each device)
| |
|---|---|---|
|
Shuffleboard
|
$70
| |
|
Pinball machine
|
$100
| |
|
Electronic/computer game
|
$100
| |
|
Pool table/billiard
|
$70
| |
|
Bowling machine
|
$70
| |
|
Jukebox
|
$25
| |
|
Electronic game or machine not specified above
|
$100
|
B.
The above annual fees paid shall be a license fee for the period beginning June 1 of each year and continuing for 12 months thereafter until May 31 of the succeeding year, and such fees shall be paid to the Township of Pine's Treasurer for the use of the Township. The Board of Supervisors of the Township of Pine may, from time to time, increase, decrease, amend, alter or otherwise revise the amount or applicability of the license fees provided herein either by separate resolution or by the passage of amendments to its standard fee resolution, which resolution is contained in Chapter A144 of the Code of the Township of Pine.
Upon the payment of the license fee provided
by this chapter, and if the application fully complies with this chapter,
the Township of Pine's Manager shall issue a disc, plate or sticker
setting forth the number of the license for each machine or device
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 Township
of Pine for video, mechanical or electronic amusement devices shall
state that the video, mechanical or electronic 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.
The licensee shall not permit the license, disc, plate or sticker
issued hereunder to remain posted, displayed or used after the time
period for which it was issued has expired or when it has been suspended,
revoked or, for any reason, has become ineffective.
The Township of Pine or its agents (including
but not limited to the Township Manager, his/her designee or any officer
of the Pine Marshall Bradfordwoods Joint Police Force) may, during
regular business hours, conduct inspections of any business establishment
where any video or mechanical or electronic amusement device, jukebox
or pool table licensed under this chapter is located, installed, placed
or used to ensure compliance with this chapter.
A.
In the event that any applicant, vendor or proprietor
falsifies any information on an application for license of amusement
devices or violates this chapter (or any rules and regulations promulgated
in accordance herewith) or conducts business in an unlawful manner
or in such a way as to constitute a menace to the health, safety and
welfare of the general public, the Township of Pine shall immediately
revoke all licenses issued under this chapter to such applicant, vendor
or proprietor. The obstruction of or denial of entry for authorized
inspections pursuant to this chapter shall constitute grounds for
such revocation.
B.
Moreover, in the event that a vendor of a video or
mechanical or electronic amusement device or a proprietor of a business
establishment is convicted of possessing or using a video or mechanical
or electronic amusement device in violation of the Crimes Code of
the Commonwealth of Pennsylvania, the Township of Pine shall revoke
all licenses issued under this chapter to such person, as an applicant,
vendor or proprietor.
C.
Additionally, the Township of Pine 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 or electronic 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 or electronic 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).
Because the Township of Pine 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 employee or agent of the Township of Pine 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.
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 within the magisterial district
which includes the Township of Pine, be sentenced to pay a fine of
not less than $50 nor more than $300, plus costs of prosecution, and,
in default of payment thereof, may be committed 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. The penalties provided
herein shall not be the exclusive method of enforcing compliance with
the provisions of this chapter but shall be in addition to all other
legal and equitable remedies available to the Township of Pine.
The Township Manager, or his/her designee, shall
have the following additional duties and authorities with regard to
the implementation and administration of the provisions of this chapter:
A.
Promulgate and enforce all reasonable rules and regulations
necessary to the operation and enforcement of this chapter.
B.
Adopt any and all forms necessary under this chapter
and prescribe the information to be given thereon.
C.
Investigate and determine the eligibility of any applicant
for a license as prescribed by this chapter.
D.
Examine the books and records of any applicant or
licensee when reasonably necessary to the administration of this chapter.
E.
Notify any applicant of the acceptance or denial of
the application submitted pursuant to this chapter.
F.
Take all other actions and perform all other duties
necessary to the operation and enforcement of this chapter as may
be designated by the Township of Pine's Board of Supervisors.
The Township of Pine, in granting any license
pursuant to this chapter, is not rendered thereby liable for any damage
or injury occurring at or resulting from any such license activity
or business establishment, and the licensee, by accepting such license,
shall save the Township of Pine harmless from any such damage or injury.
This chapter shall become effective in accordance
with the provisions of Article IV of the Township of Pine's Home Rule
Charter, as codified at § C-404 of the Code of the Township
of Pine.
