[Ord. 427, 4/4/2006]
This Part shall be known as the "Baldwin Township Video and
Mechanical Amusement Devise Ordinance."
[Ord. 427, 4/4/2006]
1.
In the construction or interpretation of this Part, 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 Baldwin Township intends to favor the public interest as against
any private interest.
G.
The headings prefixed to Sections and other divisions of this Part
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.
[Ord. 427, 4/4/2006]
Unless the context clearly indicates otherwise, the following
words and phrases, used in this Part or in an application for license
of amusement devices, shall have the meaning given to them in this
section:
Video or mechanical amusement device, juke box or pool table
and/or other electronic device, machine or apparatus whatsoever, for
the playing of games and amusement.
Any individual, partnership or corporation who seeks to obtain
a license for an amusement device under this Part.
The document filed by an applicant requesting a permit to
possess in the Township any video or mechanical amusement device,
juke box or pool table and/or other electronic 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 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.
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 device or apparatus upon which is played the games of
8-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 juke box, 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.
Any individual, partnership or corporation who is the lawful
owner of any juke box, pool table or video or mechanical amusement
device for which a license is sought under this Part, 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 juke box, pool table or video or mechanical amusement
device for which a license is sought under this Part.
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."
[Ord. 427, 4/4/2006]
1.
No license shall be issued for any video or mechanical device, game,
or machine until an annual license fee therefor shall have been paid
in advance to the Township of Baldwin for each and every covered devise.
2.
Each license issued shall entitle the applicant therefor to operate
said game, device or machine, at a single location, until December
31 at 11:59 p.m. of each fiscal year, at which time said license shall
expire.
3.
Each license issued pursuant hereto shall be valid only for the particular
machine or device for which it was issued only location or place of
business for which it was applied. No license shall be transferrable,
or transferred to the same or any other machine or device at a different
location or place of business. No license shall be transferrable,
or transferred to, any other machine or device at the same location
or place of business without the prior approval of the Township.
4.
The annual license fee for each and every device shall be in an amount
as established, from time to time by resolution of the Board of Commissioners,
for each and every device, game and machine installed and used by
the public.
[Ord. 427, 4/4/2006]
1.
Any person, firm, corporation or other entity, desiring to procure a license as required in § 13-106 of this Part, shall apply therefor in writing to the Township. Said application shall set forth the following information:
A.
The name and residence of the vendor of each juke box, 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 juke box, pool table or video or mechanical amusement
device is to be located, used or installed.
C.
If vendor and/or proprietor are citizens or permanent residents of
the United States.
D.
The manufacturers, name of machine, serial number, type and fee for
each machine, video or mechanical device, pool table, juke box 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
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.
§ 4904, relating to unsworn falsification to authorities.
F.
That the vendor and proprietor have been provided a copy of this
Part and that he/they have read and agree to be bound by all terms
and provisions thereof.
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.
[Ord. 427, 4/4/2006]
1.
The Township shall not issue a license for any video or mechanical
amusement device to any persons who:
A.
Is not a citizen or permanent resident of the United States.
B.
Is not 21 years of age.
C.
Has been found guilty of or accepted accelerated rehabilitative disposition,
for processing 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.
[Ord. 427, 4/4/2006]
1.
No license shall be granted until a period of 10 days shall have
elapsed from the date of application during which time the Township
may, at its discretion, investigate the facts set forth in the application.
2.
The Township 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.
3.
A license shall not be issued unless the applicant acknowledges:
A.
That obtaining or displaying a 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.
B.
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 Baldwin Township, Allegheny County or other law enforcement
officials.
[Ord. 427, 4/4/2006]
Nothing in this Part 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.
[Ord. 427, 4/4/2006]
Upon the payment of the license fee provided by this Part, and
if the application fully complies with this Part, the Township shall
issue a license setting forth its designated number for each machine
so licensed, and said license shall be maintained at all times at
the place of business for which it was issued and immediately available
for inspection upon request of Township Manager, the Chief of Police,
or any Baldwin Township Police Officer. All discs, devices for which
a license is issued shall contain a notice clearly visible to the
user stating that the 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.
[Ord. 427, 4/4/2006]
The Township of Baldwin or its agents may, during regular business
hours, conduct inspections of any business establishment where any
video or mechanical amusement device, juke box or pool table licensed
under this Part is located, installed, placed or used, to ensure compliance
with this Part.
[Ord. 427, 4/4/2006]
1.
In the event any applicant, vendor or proprietor falsifies any information
on an application for license of amusement devices, or violates this
Part, the Township of Baldwin shall immediately revoke all licenses
issued under this Part to such applicant, vendor or proprietor.
2.
In the event a vendor of a video or mechanical amusement device or
as 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 Township of Baldwin
shall revoke each license issued to such persons, as an applicant,
vendor or proprietor.
3.
Additionally, the Township of Baldwin shall revoke any and all licenses
of amusement devices issued to any person who, having been issued
such license, is thereafter found guilty of or accepts accelerated
rehabilitative disposition for, possessing or using a video or mechanical
amusement device in violation of the Crimes Code of the Commonwealth
of Pennsylvania, or who is discovered to have been previously found
guilty of such offense or has accepted accelerated rehabilitative
disposition for such offense within three years of the date of application.
4.
Any video or mechanical amusement device used or possessed in violation
of the Crimes Code of the Commonwealth of Pennsylvania, or this Part,
may be deemed contraband and forfeited in accordance with the provisions
set forth in 18 Pa.C.S. § 6501(d) (relating to scattering
rubbish).
[Ord. 427, 4/4/2006]
Because the Township of Baldwin 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 Township
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.
[Ord. 427, 4/4/2006]
1.
Any person, firm or corporation who shall violate any provision of
this Part, upon conviction thereof, 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 30 days. Each
day that a violation of this Part continues shall constitute a separate
offense.
2.
In addition, the Township, through its Solicitor, may institute injunctive,
mandamus or any other appropriate action or proceeding at low or in
equity for the enforcement of this Part. Any court of competent jurisdiction
shall have the right to issue restraining orders, temporary or permanent
injunctions, mandamus or other appropriate forms of remedy or relief.
