[HISTORY: Adopted by the Municipal Council of the Municipality
of Monroeville 6-20-1977 by Ord.
No. 1075.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed Ord. No. 900.
This chapter shall be known and may be cited as the "Mechanical
Device License Ordinance."
As used in this chapter, the following words and phrases shall
have the meanings set forth below:
Carrying on or exercising, whether for gain or profit or
otherwise, within the Municipality of Monroeville any trade or business,
including but not limited to profession, vocation, service, construction,
communication or commercial activity, and making sales to persons
or rendering services from or attributable to a Monroeville office
or place of business.
Any device, machine or apparatus for the playing of games
and amusements for which a charge for the privilege of playing is
made. This includes but is not limited to devices commonly known as
"pinball machines" on which games are played, movie projectors, devices
commonly known as "kiddie rides" and pool tables.
Any device, machine or apparatus for the playing of music
for which a charge for the privilege of playing is made. This includes
but is not limited to devices commonly known as "jukeboxes."
Any natural person, partnership, unincorporated association
or corporation, nonprofit or otherwise. Whenever used in any provision
prescribing a fine or a penalty, the word "person," as applied to
partnerships, shall mean the partners thereof, and, as applied to
corporations and unincorporated associations, shall mean the officers
thereof.
The twelve-month period from January 1 to December 31.
[Amended 4-9-1985 by Ord.
No. 1462; 4-9-1996 by Ord. No. 1977]
Any person or persons, firm or corporation desiring to procure
a license as provided in this chapter shall apply therefor on or before
March 15 of each year in writing to the Manager of the Municipality.
Said application shall set forth the name or names, the residence
or residences of the person or persons, firm or corporation so applying
to, either with the present and previous occupation of the applicant
and the length of residence at the present place of residence, the
exact name of the owner of the premises upon which said machine or
machines are to be installed and, if the owner of the premises is
not the applicant, then the applicant shall set forth the length of
time which the premises has been leased or otherwise occupied and
whether the applicant is a citizen of the United States of America.
The applicant shall also set forth the description, kind and nature
of the machine or machines to be installed and used. The information
required by this section shall be furnished over the signature or
signatures of the applicant or applicants and shall be verified by
oath and affirmation.
The Municipal Manager or his designated representative shall
have the right at all times to inspect any premises having any mechanical
device or music machine as defined herein, and any person or business
in possession and/or control of any such premises shall permit such
inspection at reasonable times.
[Amended 3-12-1991 by Ord. No. 143; 7-8-1997 by Ord. No. 2042]
[Amended 4-9-1996 by Ord.
No. 1977]
Upon payment of the license fee as provided by this chapter,
the Municipal Manager of the Municipality shall issue a sticker setting
forth the number of the permit for each machine so licensed, the date
of issue and the kind and nature of the machine so licensed, which
sticker shall be attached to the machine or device so permitted, in
such manner that the same may be at all times clearly observable and
readable.
Nothing in this chapter shall in any way be construed to authorize,
license or permit any gambling device or any mechanism which has been
judicially determined to be a gambling device or in any way contrary
to law.
[Amended 3-12-1991 by Ord. No. 1743; 7-8-1997 by Ord. No. 2042]
A license fee as provided in Chapter 194, Fees, is required for any business having only one mechanical device and a license fee as provided in Chapter 194, Fees, is required for any business having only one music machine. However, if a business has two mechanical device machines, two music machines or two machines consisting of a combination of the above, a license fee as set forth in § 155-5 of this chapter must be paid for all such mechanical devices and music machines.
Any persons or persons, firm or corporation violating any of
the provisions of this chapter shall, upon conviction before the District
Justice for the Municipality of Monroeville, be subject to a fine
of not less than $200 and not more than $500, for each offense, or
be sentenced and committed to the county jail for a period not exceeding
30 days. Each and every day that any machines, as provided under the
terms of this chapter, shall be operated and used in violation thereof
shall constitute a separate and distinct offense and shall be subject
to separate and distinct penalties thereon.
This chapter has been passed under the authority vested in the
Council of the Municipality of Monroeville by Act 511 of the 1965
General Assembly of the Commonwealth of Pennsylvania, effective January
1, 1966, and its amendments,[1] the terms and provisions of which are hereby accepted
and adopted in accordance with the provision thereof.
[1]
Editor's Note: See now 53 P.S. § 6924.101 et seq.
The tax herein levied and imposed shall continue in force on
a calendar-year basis following December 31, 1976, without annual
reenactment until such time as the Council of the Municipality of
Monroeville shall change the rate of tax or, by appropriate ordinance,
repeal such tax.
