[Ord. 114, 4/13/1982, § 1]
No person, firm, association, co-partnership or corporation
shall, at any time, have in its or their possession within the Township
of North Strabane, Washington County, Pennsylvania, any device, juke
box, mechanical device, electronic and/or video computer game or any
other apparatus of like nature whatsoever, for the playing of games,
for profit, amusement and whether or not a prize is offered, whether
or not registering a score, whether operated by pegs, balls, electronic
batteries, central lighting system or by any other device; and music
boxes, phonographs or other similar musical devices, operated through
the insertion therein of a coin, slug, token, plate or key, without
first having procured a license therefor as hereinafter provided.
[Ord. 114, 4/13/1982, § 2]
Any person, firm, association, co-partnership or corporation
using, operating or causing to be used or operated any such device
as aforementioned, shall first make application for a license or licenses,
to the Township Secretary, on forms provided by the Township, which
application shall set forth the following:
1.
The name of the Township;
2.
The name and address of the person operating or managing such device;
3.
The place where such device is to be used or played;
4.
The number and kind of machines or devices to be operated and giving
the manufacturer's name and/or identification when available;
5.
The year for which the license fee shall have been paid;
6.
The date on which such license fee shall have been paid;
7.
The amount of license fee paid.
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Said application shall thereafter be referred to the Township
Police for investigation for approval and after such approval, a license
shall be issued by the Township Secretary as hereinafter set forth.
Whenever any fee shall have been paid under this Part, the Township
Secretary shall prepare a duplicate certificate. The original certificate,
to which the Township Seal shall be affixed, shall be given to the
person operating or managing such device and the duplicate shall be
kept on file in the Township Offices. The Township Secretary shall
also give to each person paying such fee, a seal to be affixed to
each device upon which a fee is paid. Such seal shall indicate the
year for which the fee is paid, the type of device and a number.
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In case of a loss, defacement or destruction of any original
certificate or seal, the Township Secretary may re-issue another certificate
or seal upon payment of a fee of $2 and amend the duplicate of the
certificates first issued. In the event of removal of any device regulated
under this act to another location within the Township or in case
of a change of identity of the person operating or managing any such
device, such fact shall be reported within 15 days to the Township
Secretary, who shall immediately amend the certificate and the duplicate
certificate. No refund on any license fee shall be granted under this
Part in the event any device is destroyed, stolen or otherwise disposed
of.
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[Ord. 114, 4/13/1982, § 3; as amended by Ord. 239,
10/28/1997, § 1; and by Ord. 281, 2/26/2002, § 1]
Unless otherwise stated, the following terms shall have, for
the purpose of this Part, the meaning herein indicated:
Any pool table, juke box, electronic and/or video computer
game, and/or other mechanical amusement device under this Part.
Any device which is generally considered a gambling type
device and which does or may provide a type of payoff including, but
not limited to, video poker machines, slot machines, ticket devices,
baccarat machines, mechanical or electronic games of chance and like
devices.
Any music vending machine, contrivance or device, which,
upon insertion of a coin, slug, token, plate, disc or key into any
slot, crevice or other opening or by the payment of any price, operated
or that may be operated for the emission of any score, song, music
or other similar amusement.
Any device, other than a juke box, which, upon insertion
of a coin, slug, token, plate, disc or key, may be operated for use
as a game, entertainment or amusement, whether or not registering
a score and whether or not a prize is offered.
A natural person, firm, association, co-partnership or corporation.
[Ord. 114, 4/13/1982, § 4; as amended by Ord. 281,
2/26/2002, § 2]
Nothing in this Part shall be in any way 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, nor shall any such device be used for gambling
purposes unless otherwise allowed by law.
[Ord. 114, 4/13/1982, § 5]
It shall be the duty of the Township Police to regulate and
supervise the operation of all such devices and to regularly inspect
the premises where the same are being used and to require full compliance
with the Laws of the Commonwealth and this Part so that the same shall
not amount to a nuisance or be used in violation of the same.
[Ord. 114, 4/13/1982, § 6]
In the event that any such machine or device is so operated
as to constitute a nuisance or in violation of any of the Laws of
the Commonwealth or ordinances of the Township, then the license as
to all machines and/or devices operated on subject premises shall
be revoked and there shall be no return of the license fee.
[Ord. 114, 4/13/1982, § 7; as amended by Ord. 147,
11/26/1985; by Ord. 239, 10/28/1997; and by Ord. 281, 2/26/2002, § 3]
The license fee per year for every mechanical device shall be
as follows:
[Ord. 114, 4/13/1982, § 8; as amended by Ord. 147,
11/26/1985; and by Ord. 240, 10/28/1997]
1.
Enforcement Notice.
A.
If it appears to the Township that a violation of this Part 5 has occurred, the Township shall initiate enforcement proceedings by sending an enforcement notice as provided in this Section.
B.
The enforcement notice shall be sent to the violator and, if applicable,
the owner of record of the parcel on which the violation has occurred,
to any person who has filed a written request to receive enforcement
notices regarding that parcel and to any other person requested in
writing by the owner of record.
C.
An enforcement notice shall state at least the following:
(1)
The name of the violator and, if applicable, the owner of record
and any other person against whom the Township intends to take action.
(2)
The location of the violation and, if applicable, the property
in violation.
(3)
The specific violation with a description of the requirements
which have not been met, citing in each instance the applicable provision
of this Part.
(4)
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
(5)
That the recipient of the notice has the right to appeal to
the Board of Supervisors within a period of 10 days.
(6)
That the failure to comply with the notice within the time specified,
unless extended by appeal to the Board of Supervisors, constitutes
a violation, with possible sanctions clearly described.
2.
Enforcement Remedies.
A.
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this Part 5 shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $600 plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of determination of a violation by the district justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues or each Section of this Part 5 which shall be found to have been violated shall constitute a separate offense.
B.
Nothing contained in this Section shall be construed or interpreted
to grant to any person or entity other than the Township the right
to commence any action for enforcement pursuant to this Section.
C.
District justices shall have initial jurisdiction over proceedings
brought under this Section.
[Ord. 114, 4/13/1982, § 9]
Any information gained by the Township Secretary or any other
officials or agents of the Township arising out of any investigations
and/or verifications required or authorized by this Part shall be
confidential, except for official purposes, and except in accordance
with proper judicial order or as otherwise provided by law. Any disclosure
of any information, contrary to the provisions of this Section shall
constitute a violation of this Part.
[Ord. 114, 4/13/1982, § 10]
If any fee levied in pursuance of this Part shall not be paid
when due, a penalty of 10% of the amount of the fee due shall be added
thereto.
