This chapter shall be known as the "Borough of Bellevue Amusement
License Ordinance."
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 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 Borough of Bellevue 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:
AMUSEMENT DEVICE
Video or mechanical amusement device, jukebox or pool table
and/or other electronic device, machine or apparatus whatsoever which,
upon the insertion of a coin, currency, metal disc, slug or token,
may be used for the playing of games and amusement.
APPLICANT
Any individual, partnership or corporation who seeks to obtain
a license for an amusement device under this chapter.
APPLICATION FOR LICENSE OF AMUSEMENT DEVICES
The document filed by an applicant requesting a permit to
possess in the Borough of Bellevue 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.
BUSINESS ESTABLISHMENT
Any restaurant, bar, tavern, retail, manufacturing, wholesale,
institutional, educational, religious, governmental or other nonresidential
establishment, store or business, whether or not in operation.
GAMBLING DEVICE
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, metal disc, slug or token, or by any
key or similar device, the use of which has been authorized by the
payment of money, consideration or any other thing of value.
ILLEGAL GAMBLING DEVICE
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 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.
JUKEBOX
Any device, machine or apparatus which plays recorded music,
whether by record, tape, compact disc or other means, after the insertion
therein of any coin, currency, metal disc, slug or token.
POOL TABLE
Any device or apparatus upon which is played the games of
eight-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.
PROPRIETOR
Any individual, partnership or corporation who owns, leases
or maintains the business establishment in which any jukebox, pool
table, or video or mechanical amusement device is placed for the use,
patronage, recreation or amusement of the public or of persons in
or about the business establishment.
VENDOR
Any individual, partnership or corporation who is the lawful
owner of any jukebox, pool table or video or mechanical amusement
device for which a license is sought under this chapter, or any individual,
partnership or corporation who 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 for which a license is sought under this chapter.
VIDEO OR MECHANICAL AMUSEMENT DEVICE
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, vendor (as defined
herein), proprietor (as defined herein), or other entity, shall at
any time have in his possession within the Borough of Bellevue any
video or mechanical amusement device, jukebox or pool table for the
playing of games and amusement for the purpose of making them available
or accessible to the public 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 §
75-4 of this chapter shall apply therefor in writing to the Director of Administrative Services. Said application shall set forth the following information:
A. The name and residence of the vendor of each jukebox, pool table
or video or mechanical amusement device to be licensed.
B. The name and residence of the proprietor of the business establishment
in which each jukebox, pool table or video or mechanical amusement
device is to be located, used or installed.
C. Name and address of each shareholder, officer, agent and manager
of any corporate vendor and/or proprietor of the business establishment,
length of residence, business address and previous occupation.
D. Name and address of each partner, associate or member of a firm,
partnership or association applicant, length of residence, business
address and previous occupation.
E. The capacity of the applicant for a license; that is, whether the
applicant is an owner, lessee, possessor, custodian or an officer,
employee or agent of the owner, lessee, possessor or custodian.
F. If the vendor and/or proprietor are citizens of the United States.
G. The manufacturer, name of machine, serial number, type and fee for
each machine, video or mechanical device, pool table, jukebox or apparatus
to be located on the premises, installed or used.
H. 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.
I. The vendor and proprietor have been provided a copy of this chapter
and he/they have read and agree to be bound by all terms and provisions
hereof.
J. A license does not sanction or condone the use or possession of any
illegal gambling device, whether illegal per se or as modified.
K. 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.
The Director of Administrative Services 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.
C. Has been found guilty of or accepted accelerated rehabilitative disposition
for possession of or using a video or mechanical 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 Director
of Administrative Services may, at his or her discretion, investigate
the facts set forth in the application.
A. The Director of Administrative Services 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) Obtaining or displaying a Borough license 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.
(2) If the applicant or licensee illegally uses or possesses an unlawful
gambling device, either per se or as modified, he may be prosecuted
by the Borough or other 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.
Upon the payment of the license provided by this chapter, and
if the application fully complies with this chapter, the Director
of Administrative Services shall issue a disc, plate or sticker setting
forth the number of the license for each machine 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 Borough for video and mechanical
amusement devices shall state that the video or mechanical 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 Director of Administrative Services or his agent may, during
regular business hours, conduct inspections of any business establishment
where any video or mechanical amusement device, jukebox or pool table
licensed under this chapter is located, installed, placed or used
to ensure compliance with this chapter.
Because the Borough 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 Borough employee
or agent 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.
Any person, firm or corporation who shall violate any provision
of this chapter shall, upon conviction thereof, be sentenced to pay
a fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
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.
Annexed hereto and made a part hereof as Exhibit No. 1 is the form for the application for license of the amusement
devices regulated hereunder and which may be completed by all applicants
for a license or licenses.