Township of Pine, PA
Allegheny County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Pine 4-6-1999 by Ord. No. 265. Amendments noted where applicable.]
GENERAL REFERENCES
Disorderly conduct — See Ch. 94.
Fees — See Ch. A144.
092a Application for License

§ 92-1 Repealer; conflict with other regulations.

The provisions of former Chapter 92 (Amusement Devices) of the Code of the Township of Pine are hereby repealed,[1] as are all other ordinances or parts of ordinances insofar as they conflict with the provisions of this chapter; however, such repeal shall not affect any act done or any liability or violation accrued under any such prior regulation herein repealed or superseded, and all such liabilities or violations shall continue and may be enforced in the same manner as if such repeal or supersession had not been made; and any offense or violation committed and any penalty or forfeiture incurred under any such regulation herein repealed or superseded, may be prosecuted in the same manner as if this chapter had not been approved.
[1]
Editor's Note: Said former Ch. 92, Amusement Devices, was adopted 12-21-1988 by Ord. No. 173.

§ 92-2 Word usage; construction.

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 Township of Pine 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.

§ 92-3 Definitions.

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 meanings given to them in this section:
AMUSEMENT DEVICE
A 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 or which 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 Township of Pine 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 or tavern or 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, 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.
JUKEBOX
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 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.
PROPRIETOR
Any individual, partnership or corporation who or which owns, leases or maintains the business establishment in which any jukebox, pool table or video or mechanical amusement device and/or other electronic device, machine or apparatus 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 or which is the lawful owner of any jukebox, pool table or video or mechanical amusement device and/or other electronic device, machine or apparatus used for the playing of games and amusement for which a license is sought under this chapter, or any individual, partnership or corporation who or which 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 and/or other electronic device, machine or apparatus used for the playing of games and amusement 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.

§ 92-4 License required.

No person, firm, partnership, corporation or other entity shall at any time exhibit, display, maintain or have in his, her or its possession within the Township of Pine any video or mechanical amusement device, jukebox or pool table and/or other electronic device used for the playing of games and amusement without first having procured a license therefor as hereinafter provided in this chapter.

§ 92-5 Application for license.

Any person, firm, corporation or other entity desiring to procure a license as required in § 92-4 of this chapter shall apply therefor, in writing, to the Township of Pine's Manager or his or her designee. Said application shall be on an application form prepared and provided by the Township of Pine which shall set forth at least the following information:
A. 
The name and address of the vendor of each jukebox, pool table or video, mechanical or electronic amusement device to be licensed.
B. 
The name and address of the proprietor of the business establishment in which each jukebox, pool table or video, mechanical or electronic amusement device is to be located, used or installed and the address of such business establishment (if different from the address of the proprietor).
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, electronic or mechanical amusement device, pool table, jukebox or other 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 with a copy of the provisions of this chapter and that he/they have read and agree to be bound by all terms and provisions hereof.
G. 
That the issuance of 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.
I. 
The number, character and type of amusement devices previously installed and licensed at the applicant's or proprietor's business establishment.

§ 92-6 Persons ineligible for licenses.

The Township Manager, or his/her designee, 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.
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 or electronic amusement device in violation of the Crimes Code of the Commonwealth of Pennsylvania, within three years of the date of application.

§ 92-7 Conditions for issuance.

No license shall be granted until a period of 10 days shall have elapsed from the date of application, during which time the Township Manager (or his/her designee) may, at his or her discretion, investigate the facts set forth in the application.
A. 
The Township 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 license issued by the Township of Pine 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; and
(2) 
That if the applicant or licensee illegally uses or possesses an unlawful gambling device, either per se or as modified, he or she may be prosecuted by the Township of Pine, the Pine Marshall Bradfordwoods Joint Police Force or other appropriate law enforcement officials.

§ 92-8 Construction of provisions.

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.

§ 92-9 License fees and term of license.

A. 
No license shall be issued until the following annual fees shall have been paid by the applicant to the Township of Pine for each and every device to be installed or used:
Device
Fee
(each device)
Shuffleboard
$70
Pinball machine
$100
Electronic/computer game
$100
Pool table/billiard
$70
Bowling machine
$70
Jukebox
$25
Electronic game or machine not specified above
$100
B. 
The above annual fees paid shall be a license fee for the period beginning June 1 of each year and continuing for 12 months thereafter until May 31 of the succeeding year, and such fees shall be paid to the Township of Pine's Treasurer for the use of the Township. The Board of Supervisors of the Township of Pine may, from time to time, increase, decrease, amend, alter or otherwise revise the amount or applicability of the license fees provided herein either by separate resolution or by the passage of amendments to its standard fee resolution, which resolution is contained in Chapter A144 of the Code of the Township of Pine.

§ 92-10 Issuance and display.

Upon the payment of the license fee provided by this chapter, and if the application fully complies with this chapter, the Township of Pine's Manager shall issue a disc, plate or sticker setting forth the number of the license for each machine or device 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. Discs, 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 Township of Pine for video, mechanical or electronic amusement devices shall state that the video, mechanical or electronic 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 licensee shall not permit the license, disc, plate or sticker issued hereunder to remain posted, displayed or used after the time period for which it was issued has expired or when it has been suspended, revoked or, for any reason, has become ineffective.

§ 92-11 Inspection.

The Township of Pine or its agents (including but not limited to the Township Manager, his/her designee or any officer of the Pine Marshall Bradfordwoods Joint Police Force) may, during regular business hours, conduct inspections of any business establishment where any video or mechanical or electronic amusement device, jukebox or pool table licensed under this chapter is located, installed, placed or used to ensure compliance with this chapter.

§ 92-12 Revocation, debarment and contraband declaration.

A. 
In the event that any applicant, vendor or proprietor falsifies any information on an application for license of amusement devices or violates this chapter (or any rules and regulations promulgated in accordance herewith) or conducts business in an unlawful manner or in such a way as to constitute a menace to the health, safety and welfare of the general public, the Township of Pine shall immediately revoke all licenses issued under this chapter to such applicant, vendor or proprietor. The obstruction of or denial of entry for authorized inspections pursuant to this chapter shall constitute grounds for such revocation.
B. 
Moreover, in the event that a vendor of a video or mechanical or electronic amusement device or a proprietor of a business establishment is convicted of possessing or using a video or mechanical or electronic amusement device in violation of the Crimes Code of the Commonwealth of Pennsylvania, the Township of Pine shall revoke all licenses issued under this chapter to such person, as an applicant, vendor or proprietor.
C. 
Additionally, the Township of Pine shall not issue a license of amusement devices to any person who has been found guilty of or accepted accelerated rehabilitative disposition, for possessing or using a video or mechanical or electronic 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 or electronic 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).

§ 92-13 Prohibition of suggestion or promise of nonprosecution.

Because the Township of Pine 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 employee or agent of the Township of Pine 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.

§ 92-14 Violations and penalties.

For each and every violation of the provisions of this chapter, any person or persons, firm, partnership or corporation violating any of the provisions of this chapter shall constitute a summary offense and, upon conviction within the magisterial district which includes the Township of Pine, be sentenced to pay a fine of not less than $50 nor more than $300, plus costs of prosecution, and, in default of payment thereof, may be committed to the Allegheny County Jail in conformity with the Pennsylvania Rules of Criminal Procedure for a period not to exceed 10 days. Each and every day that any machine or device is used and operated in violation hereof shall constitute a separate and distinct offense under this chapter and shall be subject to separate and distinct penalties hereunder. The penalties provided herein shall not be the exclusive method of enforcing compliance with the provisions of this chapter but shall be in addition to all other legal and equitable remedies available to the Township of Pine.

§ 92-15 Additional duties of Township Manager.

The Township Manager, or his/her designee, shall have the following additional duties and authorities with regard to the implementation and administration of the provisions of this chapter:
A. 
Promulgate and enforce all reasonable rules and regulations necessary to the operation and enforcement of this chapter.
B. 
Adopt any and all forms necessary under this chapter and prescribe the information to be given thereon.
C. 
Investigate and determine the eligibility of any applicant for a license as prescribed by this chapter.
D. 
Examine the books and records of any applicant or licensee when reasonably necessary to the administration of this chapter.
E. 
Notify any applicant of the acceptance or denial of the application submitted pursuant to this chapter.
F. 
Take all other actions and perform all other duties necessary to the operation and enforcement of this chapter as may be designated by the Township of Pine's Board of Supervisors.

§ 92-16 Liability.

The Township of Pine, in granting any license pursuant to this chapter, is not rendered thereby liable for any damage or injury occurring at or resulting from any such license activity or business establishment, and the licensee, by accepting such license, shall save the Township of Pine harmless from any such damage or injury.

§ 92-17 When effective.

This chapter shall become effective in accordance with the provisions of Article IV of the Township of Pine's Home Rule Charter, as codified at § C-404 of the Code of the Township of Pine.