[HISTORY: Adopted by the Borough Council of the Borough of Crafton
at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments
noted where applicable.]
For the purposes of this article, the following terms shall have the
meaning provided herein, unless otherwise stated:
Any mechanical, electronic or computer-oriented device which, upon
insertion of a coin, currency, metal disc, slug, card, plate, token or other
means of payment, may be operated as a game, ride, entertainment or amusement,
whether or not registering a score, and whether or not offering a prize.
This term shall include, but not be limited to, the following devices:
video, arcade and poker games; computer-oriented games; pinball machines;
bowling alleys, bowling games and machines; pool and billiard tables; dart
boards; and any amusement ride.
This term shall not include any jukebox, as defined herein, or similar
instrument; nor shall it include any vending machine which dispenses soft
drinks, cigarettes, candy, etc.; nor shall the term include any illegal gambling
device, as defined herein, or any mechanism which has been judicially determined
to be an illegal gambling device.
Any person, as defined below, who seeks to obtain a license for an
amusement device or jukebox under this article.
The Manager of the Borough of Crafton, or his or her designee, or
the designee of the Borough Council.
Any device, machine or apparatus 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, card, plate, token or other means
of payment which has or has been modified to have a knockoff or knockdown
switch or other capability for erasing or eliminating playing credits. This
term shall include any such device that is modified or per se illegal.
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, card, plate, token or other means of
payment.
Any person holding a valid, current license issued pursuant to this
article.
An individual, proprietorship, partnership, corporation, association
or other legal entity.
No person shall have in his or her possession, at any time or at any
place within the Borough of Crafton, any amusement device or jukebox without
first having procured a license therefor from the Borough Manager.
A.
Any person desiring to procure a license for an amusement
device or jukebox shall apply in writing to the Borough Manager.
B.
Such application shall set forth the following:
(1)
The name and address of the applicant.
(2)
The name and address of the owner of each amusement device
and/or jukebox to be licensed.
(3)
The name and address of the proprietor of the business
establishment in which each amusement device and/or jukebox is to be located,
used or installed.
(4)
If the owner of the business establishment is not the
applicant, then the applicant shall set forth the length of time for which
the premises has been leased.
(5)
Whether the applicant is a citizen of the United States.
(6)
A list of all crimes which the applicant has committed
within five years of the date of application.
(7)
The manufacturer, name of machine, serial number, type
and fee for each amusement device, jukebox or apparatus to be located, installed,
operated or used on the premises, along with a floor plan of the premises
identifying its dimensions and the location of all amusement devices and jukeboxes.
(8)
That the applicant has been provided with a copy of these
regulations and that the applicant has read and agrees to be bound by all
terms and provisions thereof.
(9)
That the applicant acknowledges that a license does not
sanction or condone the use or possession of any illegal gambling device.
(10)
That the applicant acknowledges that the Borough shall
notify the appropriate law enforcement officials of the use or possession
of any illegal gambling devices, whether or not such devices are licensed.
(11)
That the applicant acknowledges that the Borough shall
immediately revoke the license of any illegal gambling device.
(12)
That the applicant acknowledges that the illegal use
or possession of an illegal gambling device may result in criminal prosecution
by the Borough or other law enforcement officials.
(13)
A signed verification by the applicant, owner and proprietor
that the facts set forth in the application are true and correct to the applicant’s,
owner’s and proprietor’s personal knowledge, information and belief,
and that any false statements made therein are subject to the penalties of
18 Pa.C.S.A. § 4904, as amended, relating to unsworn falsification
to authorities.
C.
No license shall be issued by the Borough Manager until
a reasonable time for investigation of the facts set forth in the application
and all circumstance relating thereto.
A.
The following persons shall be ineligible for a license
under this article:
(1)
Any person who has been convicted of a crime within five
years of the date of application.
(2)
Any person who has been found guilty of or accepted accelerated
rehabilitation disposition for possessing or using an illegal gambling device
in violation of the Crimes Code of the Commonwealth of Pennsylvania, as amended,
within five years of the date of application.
B.
Applicants convicted of a crime may apply to the Borough
Council for a license, which may be granted by the Council, provided the applicant
can prove to the Council’s satisfaction that he is not in violation
of any of the terms of his sentence, that he is not a danger to the community,
and that the crime which he committed does not render him unsuitable for supervising
an area with a concentration of children and young adults.
A.
Nothing in this article shall in any way be construed
to authorize, license, or permit any illegal gambling device whatsoever, or
any machine or mechanism that has been judicially determined to be an illegal
gambling device, or in any way contrary to law, or that may be contrary to
any present or future law of the Commonwealth of Pennsylvania.
B.
Because the Borough intends to prosecute the illegal
possession or use of illegal gambling devices, no Borough employee or agent
may promise, suggest or insinuate, either expressly or by implication, that
the applicant, licensee, proprietor or owner, who either illegally possesses
or uses an illegal gambling device, shall not be prosecuted.
A.
License fees shall be established, from time to time,
by resolution of the Borough Council.
B.
In the event of a replacement of a licensed machine by
another device of generally similar type before expiration of the licensing
period, the replacement device may be licensed for the unexpired period without
additional charge.
Prior to the expiration date of any license issued under this article,
the holder of such license shall apply to the Borough Manager for a license
for the following year. The same provisions shall govern the issuance of such
license as are set forth in the preceding sections of this article.
Periodic inspection of amusement devices and jukeboxes shall be conducted
by the Borough Manager to ensure compliance with this article.
A.
Any license issued under this article shall be exhibited
at any time on request of the Borough Manager.
B.
Any discs, plates or stickers issued by the Borough for
amusement devices shall be displayed on the device and shall state, in a clearly
observable and readable place and form, that the 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 device.
A.
The Borough shall immediately revoke any and all licenses
issued under this article where:
(1)
Any applicant, owner or proprietor falsified any information
on an application for a license under this article.
(2)
Any applicant, owner or proprietor violates any provision
of this article.
(3)
Any owner of an amusement device or proprietor of a business
establishment is convicted of possessing or using an illegal gambling device
in violation of the Crimes Code of the Commonwealth of Pennsylvania, as amended.
(4)
The Borough Manager deems such revocation to be necessary
for the benefit or protection of the public health, safety or morals.
B.
Any illegal gambling device used or possessed in violation
of the Crimes Code of the Commonwealth of Pennsylvania, as amended, or this
article may be deemed contraband and forfeited in accordance with the provisions
of 18 Pa.C.S.A. § 6501(d) (relating to scattering rubbish), as amended.
All places or establishments subject to the provisions of this article
shall be located on the first or street floor of the building in which they
are located, unless specifically approved by the Borough Manager.
No idle loitering or loafing shall be permitted in or about places of
business or establishments subject to the provisions of this article.
All places or establishments subject to the provisions of this article
shall be arranged in the nature of one regular unobstructed room without shades,
screens, or partitions of any kind to interfere with the free and unobstructed
view of all parts of the room from the entrance.
All license fees herein provided shall be collected by the Borough Manager
and turned over to the Borough Treasurer.
A.
Any licensee violating this article shall have his/her
license(s) immediately revoked by the Borough Manager, and no one shall operate
or open to business, or attempt to do so, any place of business or establishment
subject to the provisions of this article, without a license in accordance
with the provisions of this article.
B.
Violations and penalties.
(1)
Any person, firm or corporation who violates a provision of this
article, or who fails to comply therewith, or with any of the requirements
thereof, shall be, upon conviction thereof, sentenced to pay a fine of not
less than $100 nor more than $1,000 for each violation, plus costs, and, in
default of payment of said fine and costs, to imprisonment to the extent permitted
by law for the punishment of summary offenses.
(2)
A separate offense shall arise for each day or portion thereof
in which a violation is found to exist or for each section of this article
found to have been violated. All fines and penalties for the violation of
this article shall be paid to the Borough Treasurer.
(3)
The Borough may also commence appropriate actions in equity,
at law or other to prevent, restrain, correct, enjoin, or abate violations
of this article.
The following words, when used in this article, shall have the meanings
ascribed to them in this section, except in those instances where the context
clearly indicates otherwise:
A facility or business operated for public or private entertainment,
amusement, dances and similar activities. This term shall include, but not
be limited to, any bowling alley, billiard hall, pool hall, shooting gallery,
and skating rink.
Any person who makes application for a permit under this article.
A facility or establishment used for bowling and other amusement
activities.
The Borough of Crafton.
The Manager of the Borough of Crafton, or his designee, or the designee
of Borough Council.
Any person who has been issued a license under this article and has
agreed to fulfill all the terms of this article.
Any natural person, partnership, firm, association, or corporation.
A facility or establishment used for skating, dances and other amusement
activities.
No person shall operate or use property for a skating rink, bowling
alley or similar amusement establishment without first having procured a license
therefor from the Borough Manager. This prohibition shall apply to the owner,
operator, manager and/or lessee of the subject property and facility.
A.
Any person desiring to procure a license for a skating
rink, bowling alley or similar amusement establishment shall apply in writing
to the Borough Manager.
B.
Such application shall set forth the following:
(1)
The name and address of the applicant.
(2)
The location of the proposed establishment, including
a legal description of the property, street address and telephone number(s),
if any.
(3)
The applicant’s driver’s license number,
social security number and his or her state or federally issued tax identification
number.
(4)
The name and address of the owner of the property on
which the proposed establishment will be located.
(5)
The name, address, driver’s license number and
social security number of the owner and any operator/manager of the proposed
establishment.
(6)
If the owner of the property is not the applicant, then
the applicant shall set forth the length of time for which the property and/or
premises has been leased.
(7)
Whether the applicant is a citizen of the United States
of America.
(8)
A list of all crimes which the applicant has committed
within five years of the date of application.
(9)
If the owner or operator/manager of the proposed establishment
is not the applicant, then the applicant shall submit a signed statement from
the owner and operator/manager of the proposed establishment providing a list
of all crimes which the owner and operator/manager have committed within five
years of the date of application.
(10)
A detailed and scaled plan of the configuration of the
subject premises identifying its dimensions and the specific locations of
all entrances, exits, emergency exits, rest rooms, offices, rooms, private
areas, fixtures, pay telephones, seating areas, dance floors, dining or snack
areas, amusement devices, amusement areas and any other items or areas which
the Borough deems important.
(11)
A signed statement from the applicant, property owner,
establishment owner and operator/manager that each such party has been provided
with a copy of the applicable regulations under this article and that each
such party has read and agrees to be bound by all terms and provisions thereof.
(12)
That the applicant acknowledges that the Borough shall
immediately revoke any license issued under this article for any violation
of the regulations under this article or for the violation of any federal,
state or local law.
(13)
A signed verification by the applicant, property owner,
establishment owner and operator/manager that the facts set forth in the application
are true and correct to the applicant’s, property owner’s, establishment
owner’s and operator/manager’s personal knowledge, information
and belief, and that any false statements made therein are subject to the
penalties of 18 Pa.C.S.A. § 4904, as amended, relating to unsworn
falsification to authorities.
C.
No license shall be issued by the Borough Manager until
a reasonable time for investigation of the facts set forth in the application
and all circumstances relating thereto.
A.
The following persons shall be ineligible for a license
under this article:
B.
Applicants convicted of a crime may apply to the Borough
Council for a license, which may be granted by the Council, provided the applicant
can prove to the Council’s satisfaction that he or she is not in violation
of any of the terms of his or her sentence, that he or she is not a danger
to the community, and that the crime which he or she committed does not render
him/her unsuitable for supervising an area with a concentration of children
and young adults.
A.
Application fee. Every application for a license under
this article (whether for a new license or for a renewal of an existing license)
shall be accompanied by a nonrefundable application and investigation fee
in an amount established, from time to time, by resolution of the Borough
Council.
B.
License fee. In addition to the application fee required
above, every applicant that is granted a license under this article (whether
for a new license or for a renewal of an existing license) shall pay to the
Borough a nonrefundable license fee in an amount established, from time to
time, by resolution of the Borough Council.
A.
An applicant or licensee shall permit authorized Borough
officials and their agents or consultants to inspect the premises of the skating
rink, bowling alley or similar amusement establishment for the purpose of
insuring compliance with this article and all other applicable law at any
time it is occupied or open for business.
B.
Any person who operates a skating rink, bowling alley
or similar amusement establishment, including his or her agent or employee,
commits a violation of this article if he or she refuses to permit such lawful
inspection of the premises at any time it is occupied or open for business.
A.
Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in § 67-18 of this article. Application for renewal shall be made at least 30 days prior to the expiration date of the existing license. When application for renewal is made less than 30 days prior to the expiration date of the existing license, then the date of the license shall not be extended.
B.
When the Borough denies renewal of a license, the applicant
shall not be issued a license for one year from the date of denial. If, subsequent
to denial, the Borough finds that the basis for denial of the renewal license
has been corrected or abated, then the applicant may be granted a license
if at least 90 days have elapsed from the date denial became final.
All licensees shall abide by the following regulations:
A.
Hours of operation. No establishment subject to the regulations
of this article shall be open for business before 8:00 a.m. or after 9:00
p.m. All events at the establishments shall end by no later than 9:00 p.m.
These hours of operation shall apply to any events conducted at the establishment,
including those conducted by third parties.
B.
Private security guards. Licensee shall provide one security
guard for every 25 persons patronizing the establishment. These security guards
shall remain at the establishment until all patrons have left. Security guards
shall wear uniforms and identification badges that clearly indicate their
position.
C.
Reports to Police Department. Licensee shall immediately
report any disturbances, fights, criminal activity or unattended children
to the Borough Police Department.
D.
Special events. Licensee shall notify the Borough Police
Department at least 48 hours in advance of any special events, including parties
and other private functions.
E.
Pay telephones. Licensee shall install and maintain a
minimum of five pay telephones to be placed and maintained on the premises
of the establishment. At least three pay telephones shall be located inside
the establishment, and at least two pay telephones shall be located directly
outside the establishment. All pay telephones shall be maintained in proper
operating condition at all times. Any repairs needed to maintain the pay telephones
in proper operating condition shall be made within 24 hours of any malfunction.
F.
Waiting area. Licensee shall provide an indoor area of
at least 375 square feet for patrons to wait for their buses or rides. This
waiting area shall not be closed until all patrons have left. Licensee shall
not require patrons to leave this waiting area until their buses or rides
have arrived.
G.
Loitering. Licensee shall not permit patrons to loiter
outside the establishment, or in its parking lot after the establishment has
closed.
H.
Letter of credit.[1] Licensee shall post a replenishing letter of credit in the amount
of $10,000 from a lending institution, acceptable to the Borough, for the
benefit of the Borough and to reimburse the Borough for any expenses, including
labor costs, incurred by the Borough Police Department in responding to calls
and otherwise providing services relating to the operation or patrons of the
establishment. This letter of credit shall be in a form and manner acceptable
to the Borough Solicitor. The Borough shall have the authority to draw on
the letter of credit, in its discretion, for the aforementioned expenses and
the Borough shall provide the licensee with notice of such draw and a receipt
listing the expenses reimbursed through such draw on the letter of credit.
Within seven days after any such draw from the letter of credit by the Borough,
licensee shall replenish the letter of credit to the amount of $10,000. Licensee
shall not refrain from reporting incidents requiring police attention in order
to avoid draws on the letter of credit.
I.
Display of license. Any license issued under this article
shall be exhibited at any time at the request of the Borough Manager.
The Borough Manager shall immediately suspend any license issued under
this article for a period not to exceed 30 days if he or she determines that
a licensee or an agent or employee of a licensee has:
A.
The Borough Manager shall immediately revoke a license issued under this article if a cause of suspension in § 67-24 of this article occurs and the license has been suspended within the preceding 12 months.
B.
The Borough Manager shall immediately revoke a license
issued under this article if he or she determines that:
(1)
Any licensee, property owner, establishment owner or
manager provided false or misleading information in the material submitted
during the application process;
(2)
Any licensee, property owner, establishment owner, operator/manager
and/or agent/employee knowingly allowed possession, use, or sale of controlled
substances on the premises;
(3)
Any licensee, property owner, establishment owner, operator/manager
and/or agent/employee of the establishment knowingly permitted a violation
of any federal, state or local law on the premises;
(4)
Any licensee is delinquent in payment to the Borough
of any licensing fees, municipal service fees or taxes; or
(5)
Such revocation is necessary for the benefit or protection
of the public health, safety, welfare or morals.
C.
When the Borough revokes a license, the revocation shall
continue for one year, and the licensee shall not be issued a license under
this article for one year from the date the revocation became effective. If,
subsequent to revocation, the Borough finds that the basis for the revocation
has been corrected or abated, the applicant may be granted a license if at
least 90 days have elapsed since the date the revocation became effective.
A.
All license application, renewal, suspension or revocation
decisions shall be sent in writing to the applicant or licensee. All such
decisions which deny, suspend or revoke a permit shall specifically state
the requirements not met and any other basis for the decision. After denial
of an application, or denial of a renewal of a license, or after suspension
or revocation of a license, the applicant or licensee may appeal to the Borough
Council pursuant to the Local Agency Law.[1] The Council will then hold a Local Agency Law hearing within 20
days from the date the appeal is filed and will render a written decision
within 10 days from the date such hearing concludes. Any such appeal must
be filed, in writing, with the Borough Manager within 10 days from the date
of mailing of the decision appealed from. Failure to file an appeal with the
Borough Manager within the above-mentioned time period shall be deemed a conclusive
determination as to the issues or matters addressed by the written decision.
In the case of a denial of a license renewal, or in the case of a license
suspension or revocation, the licensee may continue to operate to the same
extent as immediately prior to the suspension or revocation until the earlier
of: the expiration of the ten-day appeal period without filing an appeal,
or the date of a decision dismissing any appeal.
[1]
Editor's Note: See 2 Pa.C.S.A. §§ 105, 551 et seq.
and 751 et seq., as amended.
B.
Any person aggrieved by a decision of the Borough Council
may appeal to a court of competent jurisdiction. The Borough shall, upon filing
of such appeal, consent to any request by a license applicant or licensee
to the court to give expedited review of such appeal. The Borough shall certify
any record to the court within 20 days of any request by the court to do so.
A.
Any person, firm or corporation who violates a provision of this
article, or who fails to comply therewith, or with any of the requirements
thereof, shall be, upon conviction thereof, sentenced to pay a fine of not
less than $300 nor more than $1,000 for each violation, plus costs, and, in
default of payment of said fine and costs, to imprisonment to the extent permitted
by law for the punishment of summary offenses.
B.
A separate offense shall arise for each day or portion thereof
in which a violation is found to exist or for each section of this article
found to have been violated. All fines and penalties for the violation of
this article shall be paid to the Borough Treasurer.
C.
The Borough may also commence appropriate actions in equity,
at law or other to prevent, restrain, correct, enjoin, or abate violations
of this article.
