Borough of Clarion, PA
Clarion County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Clarion 11-4-1981 by Ord. No. 81-608. Amendments noted where applicable.]
GENERAL REFERENCES
License suspensions, revocations and appeals — See Ch. 113, Art. I.

§ 58-1 Definitions.

The following definitions apply to the interpretation and enforcement of this chapter:
COIN-OPERATED DEVICE
A coin-operated device means and includes any device used for the purposes of playing of games for profit, amusement or entertainment, or other gaming tables, whether operated by pins, pegs or balls, by electric, battery, central lighting system or by any other device or springs, where any of the above-enumerated devices are operated through the insertion therein of a coin or metal or plastic disk or otherwise.
LICENSE FEES
License fees will be established by Council each year by the passage of the budget resolution.
PERSON
Includes any individual, firm, corporation, association or partnership.

§ 58-2 License required for coin-operated amusement devices.

No person will, at any time, have in his or her possession within the Borough of Clarion any coin-operated amusement device whatsoever without first having obtained a license as specified below.

§ 58-3 Application for license.

[Amended 12-20-2013 by Ord. No. 2013-798]
Any person using or operating, or causing to be used or operated, any coin-operated devices upon any premises which he or she may now or will occupy, rent, own or be employed in will make application for a license or licenses to the Borough Zoning/Code Enforcement Officer or designated agent on forms provided by the Borough. The applicant will:
A. 
State its name and address.
B. 
Furnish proof of identity.
C. 
Provide the applicant's current and previous occupation.
D. 
State the place or places where the devices will be operated.

§ 58-4 Transfer of license.

[Amended 12-20-2013 by Ord. No. 2013-798]
This license will not be transferable from one operator to another without the written consent of the Borough Zoning/Code Enforcement Officer or designated agent, but the operator will not be required to obtain a new license when one machine is replaced by another, so long as the operator is licensed to operate the total number of machines in his place of business that are being operated at any given time.

§ 58-5 License fee.

The Clarion Borough Council shall set the fees for the coin-operated amusement device license, which shall be valid for one year, for each and every machine operated, installed, maintained or in possession of any person. where such machines are installed, maintained or operated separate and apart from or in connection with any business of any type, by resolution, at the time that said Council shall enact its Annual Budget Ordinance. If Clarion Borough Council shall not set a fee regulated by this chapter at the time that it enacts its Annual Budget Ordinance, then in such case the fees which were in effect for the preceding year and not changed shall remain in effect for the subsequent year.

§ 58-6 License year; certificate.

The license year will be from January 1 to December 31 of each year. In the event that any of the devices are installed within the first six months of the year, the full license fee will be due and payable. In the event that any of the devices are installed after June 30 in any year, then the license fee for the balance of that year will be 1/2 of the license fee set forth above. Upon payment of the license fee herein provided, the licensee will receive a permit listing the number of authorized devices to be displayed in a conspicuous place on the premises at all times during the year.

§ 58-7 Gambling devices not authorized or licensed.

Nothing in this chapter should be construed in any way to permit licensing of gambling devices, nor the use of any of the devices so licensed for gambling purposes.

§ 58-8 Supervision and inspection; revocation of license.

[Amended 12-20-2013 by Ord. No. 2013-798]
The Borough Zoning/Code Enforcement Officer or designated agent will have the duty of regulating and supervising the operation of any such devices and to regularly inspect the premises where any devices are installed, maintained, used or operated to determine whether or not the installation, maintenance, use and operation thereof amounts to a public nuisance. If any such devices constitute a nuisance or are installed, maintained, used or operated in violation of acts of the commonwealth and the ordinances of the Borough of Clarion, then the license as to all devices operated by the licensee will be revoked, and there will be no rebate of the license fee paid. Appeals from the suspension or revocation of a license may be made to the Borough Council at any time within 10 days of receipt of notice of suspension or revocation. See Chapter 113, Licenses, Art. I, for provisions relating to suspension, revocation and appeals.

§ 58-9 Violations and penalties.

[Amended 12-20-2013 by Ord. No. 2013-798]
Any person who shall violate any section of this chapter shall be guilty of a summary violation and, upon conviction thereof by a Magisterial District Judge, be sentenced as follows:
A. 
The first conviction shall be punishable by a fine of $200 and the costs of prosecution and, in default of payment of such fine and costs, imprisonment for not less than two nor more than four days.
B. 
The second conviction shall be punishable by a fine of $400 and the costs of prosecution and, in default of payment of such fine and costs, imprisonment for not less than four and not more than eight days.
C. 
The third and subsequent conviction(s) shall be punishable by a fine of $600 and the costs of prosecution and, in default of payment of such fine and costs, imprisonment for not less than eight nor more than 30 days.

§ 58-10 Provisions to be continuation of prior ordinances.

The provisions of this chapter, so far as they are the same as those of ordinances and regulations in force immediately prior to the enactment of this chapter, are intended as a continuation of such ordinances and regulations and not as new enactments. The provisions of this chapter shall not affect any act done or liability incurred, nor shall they affect any suit of prosecution pending or to be instituted to enforce any of these repealed ordinances or regulations.[1]
[1]
Editor's Note: Former Art. II, Suspension, Revocation and Appeals, which immediately followed this section, was redesignated Ch. 113, Licenses, Art. I, 12-20-2013 by Ord. No. 2013-798.