[HISTORY: Adopted by the Borough Council of the Borough of Pleasant
Hills 2-15-1999 by Ord. No. 763. Amendments noted where applicable.]
GENERAL REFERENCES
Taxation — See Ch. 330.
Be it ordained and enacted by the Borough Council of the Borough of
Pleasant Hills, and it is hereby ordained and enacted by the authority of
the same, that from and after the effective date of this chapter, the following
Ordinance shall be in full force and effect in the Borough of Pleasant Hills.
This chapter shall be known as the "Pleasant Hills Amusement Tax Ordinance."
Ordinance No. 398 is hereby repealed as are all other ordinances or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accrued under any such prior ordinance herein repealed or superseded and all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
ordinance herein repealed or superseded may be prosecuted in the same manner
as if this chapter had not been approved.
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.
That the Borough of Pleasant Hills 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.
Unless the context clearly indicates otherwise, the following words
and phrases, as used in this chapter or in an application for license of video
or mechanical device, shall have the meaning given to them in this section:
Any individual, partnership or corporation who seeks to obtain a
license for a video or mechanical amusement device under this chapter.
The document filed by an applicant requesting a permit to possess
in the Borough of Pleasant Hills 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.
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, slots or other casino games by the insertion therein of any coin,
currency, metal disc, slug or token.
Any device, machine or apparatus 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 has been modified
to have a knockoff or knockdown switch or other capability for erasing or
eliminating 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 individual, partnership or corporation who is the lawful owner
of any video or mechanical amusement device for which a license is sought
under this chapter.
Any device or apparatus upon which is played the game 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 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 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," "pinball
machines" and "video games."
No person, firm, partnership, corporation or other entity shall at any
time have in his possession within the Borough of Pleasant Hills any video
or mechanical amusement device, jukebox or pool table for the playing of games
and amusement without first having procured a license therefor as hereinafter
provided in this chapter.
Any person, firm, corporation or other entity desiring to procure a license as required in § 144-6 of this chapter shall apply therefor in writing to the Borough Manager. Said application shall set for the following information:
A.
The name and residence of the person, firm, partnership
or corporation applying for the license;
B.
The name and residence of the owner of each jukebox,
pool table or video or mechanical amusement device to be licensed;
C.
The name and residence of the proprietor of the business
establishment in which each jukebox, pool table or video or mechanical amusement
device is to be located, used or installed;
D.
If the owner of the business establishment is not the
applicant, then the applicant shall set forth the length of the time for which
the premises has been leased, and whether applicant is a citizen of the United
States.
E.
The manufacturer, name of machine, serial number, type
and fee for each machine, video or mechanical device, pool table, jukebox
or apparatus to be located on the premises, installed or used;
F.
A verification by the applicant, owner and proprietor,
that the facts set forth in the application are true and correct to the applicant's,
owner'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;
G.
That the applicant has been provided a copy of this chapter
and that the applicant has read and agrees to be bound by all terms and provisions
hereof;
H.
That a license does not sanction or condone the use or
possession of any illegal gambling device, whether illegal per se or as modified;
I.
That the Borough of Pleasant Hills shall notify the appropriate
law enforcement officials of the use of possession of per se, modified or
other illegal gambling devices, whether or not such devices are licensed;
J.
That the Borough of Pleasant Hills shall immediately
revoke the license of any device illegally used or possessed, either per se
or as modified; and
K.
That the illegal use or possession of an unlawful gambling
device, either per se or as modified, may result in a criminal prosecution
by the Borough of Pleasant Hills or other law enforcement officials.
The Borough of Pleasant Hills shall not issue a license for video or
mechanical devices 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 amusement device
in violation of the Crimes Code of the Commonwealth of Pennsylvania, within
three years of the date of application.
No license shall be granted until a period of 10 days shall have elapsed
from the date of application during which time the Borough Manager may, at
his discretion, investigate the facts set forth in the application. A license
shall not be issued unless the applicant acknowledges:
A.
That obtaining or displaying a Borough license does not
sanction, authorize or permit the use or possession of an illegal gambling
device, either per se, or as modified;
B.
That the Borough of Pleasant Hills shall notify the appropriate
law enforcement officials of the use or possession of per se, modified or
other illegal gambling devices, whether or not such devices are licensed;
C.
That the Borough of Pleasant Hills shall immediately
revoke the license of any video or mechanical device illegally used or possessed,
either per se or as modified;
D.
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 the Borough of Pleasant Hills or other law enforcement officials; and
E.
That if the Borough Manager has reasonable grounds to
believe that a particular video or mechanical device is illegal, either per
se or as modified, the Borough Manager shall not issue a license for said
device.
Nothing in this chapter shall be construed to authorize, license or
permit any illegal gambling devices whatsoever, or any mechanism that has
been judicially determined to be an illegal 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.
[Amended 4-16-2001 by Ord.
No. 792]
No license shall be issued until the annual fees as set forth in the
current Fees Resolution of the Borough of Pleasant Hills, on file in the office
of the Borough Secretary, shall have been paid by the applicant to the Borough
Manager for each and every device to be installed or used.
Upon the payment of the license fee provided by this chapter, and if
the application fully complies with this chapter, the Borough Manager shall
issue a disc, plate, or sticker setting for the number of the license for
each machine 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. All discs, plates or stickers issued by the Borough
of Pleasant Hills for video and mechanical amusement devices shall state that
the video or mechanical 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 Borough of Pleasant Hills or its agents may, during regular business
hours, conduct inspections of any business establishment where any video or
mechanical amusement device licensed under this chapter is located, installed,
placed or used, to ensure compliance with this chapter.
A.
In the event any applicant, owner or proprietor falsifies
any information on an application for license of video or mechanical devices,
or violates this chapter, the Borough of Pleasant Hills shall immediately
revoke all licenses issued under this chapter to such applicant, owner or
proprietor.
B.
Moreover, in the event an owner of a video or mechanical
amusement device or a 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 Borough of Pleasant
Hills shall revoke each license issued to such person, as an applicant, owner
or proprietor.
C.
Additionally, the Borough of Pleasant Hills shall not
issue a license of video or mechanical devices to any person who has been
found guilty of or accepted accelerated rehabilitative disposition, for possessing
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.
D.
Any video or mechanical 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) (relating to scattering rubbish).
Because the Borough of Pleasant Hills intends to prosecute the illegal
possession or use of unlawful gambling devices, no Borough employee or agent
may promise, suggest or insinuate, either expressly or by implication, that
the applicant, licensee, proprietor or owner, who either illegally possesses
or uses a per se, modified or other illegal gambling devices, shall not be
prosecuted.
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
by the issuing authority for the magisterial district which includes the Borough
of Pleasant Hills, be sentenced to pay a fine of not less than $50, nor more
than $300, and costs of prosecution, and in default of payment thereof, may
be committed by the issuing authority 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.
This chapter shall become effective on the date of its enactment but
the license fees shall go into effect on July 1, 1999.
