[HISTORY: Adopted by the Borough Council of the Borough of
Munhall 12-16-1998 by Ord. No. 1440. Amendments noted where applicable.]
This chapter shall be known as the "Munhall Borough Amusement
Tax 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 gender 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 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 video or mechanical devices shall have the meaning given to them
in this section:
Any individual, partnership or corporation who seeks to obtain
a license for a video or mechanical amusement device under this chapter.
The document filed by an applicant requesting a permit to
possess in the Borough of Munhall any video or mechanical amusement
device, jukebox or pool table and/or other electronic device, device,
machine or apparatus whatsoever, for the playing of games and amusement.
Any restaurant, bar, tavern, retail, manufacturing, wholesale,
institutional, educational, religious, governmental or other nonresidential
establishment, store or business, whether or not in operation.
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.
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 or
token which has or has been modified to have a knockoff or knockdown
switch or other capability for erasing or eliminating playing credits.
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 or token.
Any individual, partnership or corporation who is the lawful
owner of any video or mechanical amusement device for which a license
is sought under this chapter.
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.
Any individual, partnership or corporation who owns, leases
or maintains the business establishment in which any video or mechanical
amusement device is placed for the use, patronage, recreation or amusement
of the public or persons in or about the business establishment.
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, pinball machines and video games.
No person, firm, partnership, corporation or other entity shall
at any time have in his possession within the Borough of Munhall any
device or mechanical amusement device, jukebox or pool table for the
playing of games and amusement 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 § 116-4 of this chapter shall apply therefor, in writing, to the Borough Secretary. Such application shall set forth the following information:
A.
The name and residence of the person, firm, partnership or corporation
applying for the license.
B.
The name and residence of the owner of each jukebox, pool table or
video or mechanical amusement device to be licensed.
C.
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.
D.
If the owner of the business establishment is not the applicant,
then the applicant shall set forth the length of the time for which
the premises has been leased and whether applicant is a citizen of
the United States.
E.
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.
F.
A 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
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.
G.
That the applicant has been provided a copy of this chapter and that
the applicant has read and agrees to be bound by all terms and provisions
hereof.
H.
That a license does not sanction or condone the use or possession
of any illegal gambling device, whether illegal per se or as modified.
I.
That the Borough shall notify the appropriate law enforcement officials
of the use or possession of per se modified or other illegal gambling
devices, whether or not such devices are licensed.
J.
That the Borough shall immediately revoke the license of any device
illegally used or possessed, either per se or as modified.
K.
That the illegal use or possession of an unlawful gambling device,
either per se or as modified, may result in a criminal prosecution
by Borough or other law enforcement officials.
The Borough shall not issue a license of video or mechanical
devices to any person who:
A.
Is not a citizen of the United States.
B.
Is not 21 years of age.
C.
Has been found guilty of or accepted accelerated rehabilitative disposition
for possessing or using a video or mechanical amusement device in
violation of the Crimes Code of the Commonwealth of Pennsylvania,[1] within three years of the date of application.
[1]
Editor's Note: See 18 Pa.C.S.A. § 101 et seq.
No license shall be granted until a period of 10 days shall
have elapsed from the date of application during which time the Borough
Secretary may, at his/her discretion, investigate the facts set forth
in the application. A license shall not be issued unless the applicant
acknowledges:
A.
That obtaining or displaying a Borough license does not sanction,
authorize or permit the use or possession of an illegal gambling device,
either per se or as modified.
B.
That the Borough shall notify the appropriate law enforcement officials
of the use or possession of per se modified or other illegal gambling
devices, whether or not such devices are licensed.
C.
That the Borough shall immediately revoke the license of any video
or mechanical device illegally used or possessed, either per se or
as modified.
D.
That if the applicant or licensee illegally uses or possesses an
unlawful gambling device, either per se or as modified, he may be
prosecuted by Borough or other law enforcement officials.
E.
That if the Borough Secretary has reasonable grounds to believe that
a particular video or mechanical device is illegal, either per se
or as modified, the Borough Secretary shall not issue a license for
said device.
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.
A.
No license shall be issued until the following named fees shall have
been paid by the applicant to the Borough Secretary for each and every
device to be installed or used:
(1)
For each jukebox in an amount to be established, from time to time,
by resolution of Borough Council.
(2)
For each pool table in an amount to be established, from time to
time, by resolution of Borough Council.
(3)
For each video or mechanical amusement device in an amount to be
established, from time to time, by resolution of Borough Council.
B.
The above annual fees paid shall be a license until December 31 of
each year except, however, should any such device be installed after
July 1 of any year and an application therefor is made after such
date, then in such event, the license fee for that particular year,
until December 31, shall be as follows:
(1)
For each jukebox in an amount to be established, from time to time,
by resolution of Borough Council.
(2)
For each pool table in an amount to be established, from time to
time, by resolution of Borough Council.
(3)
For each video or mechanical amusement device in an amount to be
established, from time to time, by resolution of Borough Council.
Upon the payment of the license fee provided by this chapter,
and if the application fully complies with this chapter, the Borough
Secretary 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. 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 Borough or its agents may, during regular business hours,
conduct inspections of any business establishment where any video
or mechanical amusement device licensed under this chapter is located,
installed, placed or used to ensure compliance with this chapter.
A.
In the event any applicant, owner or proprietor falsifies any information
on an application for license of video or mechanical devices or violates
this chapter, the Borough shall immediately revoke all licenses issued
under this chapter to such applicant, owner or proprietor.
B.
Moreover, in the event an owner of a video or mechanical amusement
device or a proprietor of a business establishment is convicted of
possessing or using a video or mechanical amusement device in violation
of the Crimes Code of the Commonwealth of Pennsylvania, the Borough
shall revoke each license issued to such person, as an applicant,
owner or proprietor.
C.
Additionally, the Borough shall not issue a license of video or mechanical
devices to any person who has been found guilty or accepted rehabilitative
disposition for possessing 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.
D.
Any video or mechanical amusement device used or possessed in violation
of the Crimes Code of the Commonwealth of Pennsylvania, or this chapter,
may be deemed contraband and forfeited in accordance with the provisions
set forth in 18 Pa.C.S.A. § 6501(d) (relating to scattering
rubbish).
Because the Borough intends to prosecute the illegal possession
or use of unlawful 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 to use a per se modified or other illegal gambling devices,
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 as provided in Chapter 1, Article II, General Penalty, of the Code of the Borough of Munhall, plus costs, and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this chapter continues or each section of this chapter which shall be found to have been violated shall constitute a separate offense.
