This chapter shall be known as the Millvale 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. That Millvale 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 amusement devices, shall have the meaning 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, 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 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.
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 therein 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.
JUKE BOX
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.
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 or other entity, shall
at any time have in his possession within the Borough, any video 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 §
91-4 of this chapter, shall apply therefor in writing to the Borough Manager. 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. If vendor and/or proprietor are citizens of the United States.
D. 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.
E. 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.
F. That the vendor and proprietor have been provided a copy of this
chapter and that he/they have read and agree to be bound by all terms
and provisions hereof.
G. That a license does not sanction or condone the use or possession
of any illegal gambling device, whether illegal per se or as modified.
H. That 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 Borough Manager 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 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.
No license shall be granted until a period of 10 days shall
have elapsed from the date of application during which time the Borough
Manager may, at his or her discretion, investigate the facts set forth
in the application.
A. The Borough Manager 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) That 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) 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.
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 fee provided by this chapter,
and if the application fully complies with this chapter, the Borough
Manager shall issue a disk, plate, or sticker setting forth the number
of the license for each machine so licensed, and said disk, plate
or sticker shall be attached and fastened to the respective machine
or device so that the same may be clearly observable and readable.
Disks, 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 Borough or its agents 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 who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not less than $100, nor more than $1,000, plus court costs and reasonable
attorneys' fees incurred by the Borough in the enforcement proceedings.
Upon judgment against any person by summary conviction, or by proceedings
by summons on default of the payment of the fine or penalty imposed
and the costs, the defendant may be sentenced and committed to the
Borough lockup for a period not exceeding 10 days or to the county
jail for a period not exceeding 30 days. Each day or portion thereof
that such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this chapter that is violated
shall also constitute a separate offense.