Borough of West View, PA Chapter 98 Amusement Devices

[HISTORY: Adopted by the Town Council of the Borough of West View 11-14-1967 by Ord. No. 1111 (Ch. 49 of the 1977 Code). Amendments noted where applicable.]

GENERAL REFERENCES

Entertainments and amusements — See Ch. 145.

Admissions tax — See Ch. 260, Art. I.

§ 98-1 License required.

Any person, persons, firm or corporation which at any time has in its or their possession within the Borough of West View any mechanical device, machine or other apparatus designed and used for the playing of games, displaying of pictures, slides, etc., for the issuance of printed matter or for the rendition of music in which records are played by the insertion of a coin or other metal slug or disc shall first procure a license therefor as hereinafter provided in this chapter.

§ 98-2 License application.

A. Any person, persons, firm or corporation desiring to procure a license, as provided in § 98-1 of this chapter, shall apply therefor, in writing, to the Borough Secretary. Where a new machine is brought into the Borough, an application must be made and a license granted for the said machine before it can be placed in operation.

B. Said application shall set forth:

(1) The name or names and residence or residences of the person, persons, firm or corporation so applying, together with the present and previous occupation of the applicant or applicants and the length of residence at the present and previous place thereof.

(2) The name of the owner of the premises in which the machine is to be used and installed.

C. If the owner of the premises is not the applicant, then the applicant shall set forth the length of time for which the premises has been leased and whether the applicant is a citizen of the United States.

D. The application shall set forth, also, the nature of the machines to be installed and used, and if the machines contain a serial number, it should also be given.

§ 98-3 Signature and oath required on application.

The information required in § 98-2 hereof shall be furnished over the signature of the applicant or applicants and shall be made under oath or affirmation.

§ 98-4 Construal of provisions.

Nothing in this chapter shall be in any way construed to authorize, license or permit any gambling device whatsoever or any machines which have justly been determined to be gambling devices or which are in any way contrary to the laws of the Commonwealth of Pennsylvania.

§ 98-5 License fees.

[Amended 12-12-1977 by Ord. No. 1210; 12-11-1981 by Ord. No. 1261]

A. No license shall be issued under this chapter for any mechanical device until the annual fee shall have been paid to the Borough Secretary in accordance with the following schedule:

(1) The annual license fee for any device constructed, designed and used for the playing of games, displaying of pictures, slides, etc., or for the issuance of printed matter, and any other device operated for amusement other than the rendition of music, shall be $200.

(2) The annual license fee for any device constructed, designed and used for the rendition of music, in which records or tapes are played, shall be $50.

B. However, should any device, machine or apparatus be installed after July 1 of any year and application is made after that date, then and in that event, the license fee for that portion of the year shall be 1/2 or 50% of the annual license fee provided in Subsection A hereof.

§ 98-6 Issuance of marker or stamp.

Upon the payment of the license fee provided by this chapter, the Borough Secretary shall issue a marker or stamp, which shall set forth the number of the machine and the license, with the date of issue. This marker or stamp shall be attached to the machine which is licensed by the officer of the Borough.

§ 98-7 Transfers.

In the event that the holder of a license desires to remove from the Borough any machine or device licensed under this chapter and substitute therefor another machine or device, an application for a transfer shall be made to the Borough Secretary, setting forth the number of the license which is to be transferred, and an application shall be filed for a new license for the machine or device which is to be substituted for the licensed machine which is to be removed, upon the payment of the sum of $5. The Borough Secretary shall issue a marker or stamp to be placed on the new machine or device, and the officer of the Borough shall obliterate the stamp on the machine which is being removed and place upon the new machine the stamp issued.

§ 98-8 Payment of tax; exception.

[Amended 12-11-1981 by Ord. No. 1261]

Any person, firm or corporation who is subject to and pays to the Borough an amusement tax in the sum of $10,000 or more annually is exempt from the terms and conditions of this chapter,[1] and no mechanical device, machine or apparatus designed and used for the playing of games, displaying of pictures, slides, etc., or for the issuance of printed matter, and any other device operated for amusement and/or for the rendition of music maintained by any said person, firm or corporation, shall be liable for the payment of the tax provided herein.

[1] Editor's Note: For provisions pertaining to the imposition and collection of the amusement tax, see Ch. 260, Taxation, Art. II.

§ 98-9 Statutory authority; collection agent.

This chapter has been adopted under the authority vested in the Council of the Borough of West View by Act No. 511 of the 1965 Session of the General Assembly of the Commonwealth of Pennsylvania,[1] the terms and provisions of which are hereby accepted and adopted, and in accordance with the provisions thereof, the Borough Secretary is duly constituted and appointed by the Council of the Borough of West View as the agent for the assessment and collection of the tax imposed under the authority of such Act and under the provisions of this chapter.

[1] Editor's Note: See 53 P.S. § 6924.101 et seq.

§ 98-10 Violations and penalties.

[Amended 2-2-1977 by Ord. No. 1191]

Any person, firm or corporation who fails to procure a license as provided in § 98-2 hereof or who violates any other provisions of this chapter shall be liable to a penalty of not less than $200 nor more than $300, plus costs of prosecution, and upon default of the payment of any fine imposed thereon, shall be subject to imprisonment for not less than 10 nor more than 30 days.