[HISTORY: Adopted by the Borough Council
of the Borough of Clarion 11-4-1981 by Ord. No. 81-608. Amendments noted where applicable.]
The following definitions apply to the interpretation
and enforcement of this chapter:
A coin-operated device means and includes any device used
for the purposes of playing of games for profit, amusement or entertainment,
or other gaming tables, whether operated by pins, pegs or balls, by
electric, battery, central lighting system or by any other device
or springs, where any of the above-enumerated devices are operated
through the insertion therein of a coin or metal or plastic disk or
otherwise.
License fees will be established by Council each year by
the passage of the budget resolution.
Includes any individual, firm, corporation, association or
partnership.
No person will, at any time, have in his or
her possession within the Borough of Clarion any coin-operated amusement
device whatsoever without first having obtained a license as specified
below.
[Amended 12-20-2013 by Ord. No. 2013-798]
Any person using or operating, or causing to
be used or operated, any coin-operated devices upon any premises which
he or she may now or will occupy, rent, own or be employed in will
make application for a license or licenses to the Borough Zoning/Code
Enforcement Officer or designated agent on forms provided by the Borough.
The applicant will:
[Amended 12-20-2013 by Ord. No. 2013-798]
This license will not be transferable from one
operator to another without the written consent of the Borough Zoning/Code
Enforcement Officer or designated agent, but the operator will not
be required to obtain a new license when one machine is replaced by
another, so long as the operator is licensed to operate the total
number of machines in his place of business that are being operated
at any given time.
The Clarion Borough Council shall set the fees
for the coin-operated amusement device license, which shall be valid
for one year, for each and every machine operated, installed, maintained
or in possession of any person. where such machines are installed,
maintained or operated separate and apart from or in connection with
any business of any type, by resolution, at the time that said Council
shall enact its Annual Budget Ordinance. If Clarion Borough Council
shall not set a fee regulated by this chapter at the time that it
enacts its Annual Budget Ordinance, then in such case the fees which
were in effect for the preceding year and not changed shall remain
in effect for the subsequent year.
The license year will be from January 1 to December
31 of each year. In the event that any of the devices are installed
within the first six months of the year, the full license fee will
be due and payable. In the event that any of the devices are installed
after June 30 in any year, then the license fee for the balance of
that year will be 1/2 of the license fee set forth above. Upon payment
of the license fee herein provided, the licensee will receive a permit
listing the number of authorized devices to be displayed in a conspicuous
place on the premises at all times during the year.
Nothing in this chapter should be construed
in any way to permit licensing of gambling devices, nor the use of
any of the devices so licensed for gambling purposes.
[Amended 12-20-2013 by Ord. No. 2013-798]
The Borough Zoning/Code Enforcement Officer or designated agent will have the duty of regulating and supervising the operation of any such devices and to regularly inspect the premises where any devices are installed, maintained, used or operated to determine whether or not the installation, maintenance, use and operation thereof amounts to a public nuisance. If any such devices constitute a nuisance or are installed, maintained, used or operated in violation of acts of the commonwealth and the ordinances of the Borough of Clarion, then the license as to all devices operated by the licensee will be revoked, and there will be no rebate of the license fee paid. Appeals from the suspension or revocation of a license may be made to the Borough Council at any time within 10 days of receipt of notice of suspension or revocation. See Chapter 113, Licenses, Art. I, for provisions relating to suspension, revocation and appeals.
[Amended 12-20-2013 by Ord. No. 2013-798]
Any person who shall violate any section of
this chapter shall be guilty of a summary violation and, upon conviction
thereof by a Magisterial District Judge, be sentenced as follows:
A.
The first conviction shall be punishable by a fine
of $200 and the costs of prosecution and, in default of payment of
such fine and costs, imprisonment for not less than two nor more than
four days.
B.
The second conviction shall be punishable by a fine
of $400 and the costs of prosecution and, in default of payment of
such fine and costs, imprisonment for not less than four and not more
than eight days.
C.
The third and subsequent conviction(s) shall be punishable
by a fine of $600 and the costs of prosecution and, in default of
payment of such fine and costs, imprisonment for not less than eight
nor more than 30 days.
The provisions of this chapter, so far as they
are the same as those of ordinances and regulations in force immediately
prior to the enactment of this chapter, are intended as a continuation
of such ordinances and regulations and not as new enactments. The
provisions of this chapter shall not affect any act done or liability
incurred, nor shall they affect any suit of prosecution pending or
to be instituted to enforce any of these repealed ordinances or regulations.[1]
