[Ord. 686, 2/13/1967; as revised by Ord. 1005, 7/14/1986]
No person or persons, firm or corporation, shall at any time
have in their possession within the Borough any mechanical device,
machine or apparatus whatsoever for the playing of games and amusements,
said mechanical devices, etc., being commonly known as pinball machines,
upon which baseball, football, and other games are played, or any
mechanical devices upon which shuffleboard or bowling are played or
any similar machine or any mechanical devices, commonly known as jukeboxes,
which are operated or played from the insertion therein of a coin
or any metal disc, slug or token whatsoever, without having first
procured a license therefor as hereinafter provided in this Part.
[Ord. 686, 2/13/1967; as revised by Ord. 1005, 7/14/1986]
1.Â
Any person or persons, firm or corporation desiring to procure a license, as provided in § 13-201, shall apply therefor in writing to the Mayor. Said application shall set forth the name or names, the residence or residences of the person or 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 address of the applicant and at the previous place of residence; the name of the owner of the premises upon which the aforesaid machines are to be used and installed, and 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. The applicant shall also set forth the manufacturer and nature of the machines to be installed and used.
2.Â
The information hereby required shall be furnished over the signature
of the applicant or applicants and shall be made under oath or affirmation.
[Ord. 686, 2/13/1967; as revised by Ord. 1005, 7/14/1986]
No license shall be granted until a period of seven days shall
have elapsed from the date of application, during which time the officials
or employees of the Borough may, at their discretion, investigate
the facts set forth in the application. No license shall be transferable.
[Ord. 686, 2/13/1967; as revised by Ord. 1005, 7/14/1986]
Nothing in this Part shall in any way be 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, or that may be contrary to any present or
future laws of the Commonwealth of Pennsylvania.
[Ord. 686, 2/13/1967; as amended by Ord. 927, 10/8/1979;
and as revised by Ord. 1005, 7/14/1986]
1.Â
No license shall be issued until an annual fee shall have been paid
to the Mayor. The amount of the fee for each mechanical amusement
device, and for every jukebox shall be established by resolution of
the Borough Council. Each license shall expire on December 31 of each
year.
2.Â
License fees shall not be prorated but shall remain the same for
the whole or portion of any one year.
3.Â
The Chief of Police, or any other officer the Borough Council may
designate, may in his discretion, put a lead (or any other type) seal
upon any device for which no license fee has been paid; and when the
proper license fee has been paid for such sealed device, said seal
shall be removed by the Chief of Police, or other designated officer
of the Borough.
4.Â
While said unlicensed device is under seal as aforesaid, the owner,
proprietor, manager, or person in charge of the place where said device
is located shall be responsible for the device, and for any unlawful
use thereof while such mechanical device is unlicensed.
[Ord. 686, 2/13/1967; as revised by Ord. 1005, 7/14/1986]
Upon payment of the license fee, the Secretary shall issue a
metal disc or plate setting forth the number of the license for each
machine. Such disc or plate shall be attached and fastened to the
respective machine or device so that the same shall be clearly observable
and readable.
[Ord. 686, 2/13/1967; as revised by Ord. 1005, 7/14/1986;
and amended by Ord. 1295, 9/9/2013]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall 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 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
