[Ord. 703, 1/15/2002, § 1]
From and after the effective date of this Part, no person, firm
or corporation shall at any time have in its possession or control
within the Borough of Ben Avon any mechanical, electric or electronic
device, machine or apparatus whatsoever (hereinafter referred to as
"device") for the playing of games and amusement, upon which a game
or amusement is played by the insertion therein of a coin or other
metal disc, slug or token whatsoever, without first having procured
a license therefor as provided in this Part.
[Ord. 703, 1/15/2002, § 2]
Any person, firm or corporation desiring to procure a license
required in this Part shall apply in writing upon the forms provided
for this purpose to the Mayor or, if the Mayor shall delegate such
authority, to the Chief of Police of the Department then under contract
to provide police services to the Borough of Ben Avon. Such application
shall set forth the name and address of the applicant; the name and
address of the premises in the Borough upon which the device shall
be located; the name and address of the owner and operator of the
device; and the manufacturer, model number and serial number of the
device. The application shall be signed by the owner of the premises
upon which the device is to be installed or his, her or its authorized
agent, and shall be subject to the penalties of 18 Pa.C.S.A. § 4904
relating to unsworn falsification to authorities.
[Ord. 703, 1/15/2002, § 3; as amended by Ord. 752,
1/17/2012]
1.
No license hereunder shall be issued until an annual license fee
therefor shall be paid to the Borough in the amount as established,
from time to time, by resolution of Borough Council for each and every
device so installed and used under this Part.
2.
The fee paid shall be a license fee until December 31 of the year
in which paid; provided, however, that an application for a license
fee filed after June 30 of the year shall be issued upon payment of
one-half of the fee set forth above.
[Ord. 703, 1/15/2002, § 4]
Upon payment of the fee to the Borough, accompanied by a completed
and signed application, the Mayor or the Police Department shall issue
the license in a sticker form which shall be affixed to the licensed
device so as to be clearly observable from the front of the device.
Licenses issued under this Part shall not be transferable to another
device, except only in the case of casualty loss to the original device
and then only to a like-kind device and upon written notice to the
Borough with the same detail required in the original application.
[Ord. 703, 1/15/2002, § 5]
Nothing in this Part shall in any way be construed to authorize,
license, permit, encourage or condone the use of any gambling device
whatsoever, or any device which has been determined by a court of
competent jurisdiction to be a gambling device, or the commission
of any other act in violation of any present or future law of the
Commonwealth.
[Ord. 703, 1/15/2002, § 6; as amended by Ord. 752,
1/17/2012]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof, shall be sentenced to 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
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.
