[HISTORY: Adopted by the City Council of
the City of Greensburg 5-18-1964 as Ord. No. 753. Amendments noted
where applicable.]
No person, firm, partnership, corporation or
the agent or agents of any person, firm, partnership or corporation
shall at any time have in his or its possession within the City of
Greensburg any music box or jukebox or mechanical device, machine
or apparatus whatsoever for the playing of games for profit, amusement
or entertainment, 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 boxes, devices or machines are operated
through the insertion therein of a coin or metal or plastic disk or
otherwise, without first having procured a license therefor as hereinafter
provided. When used hereafter in this chapter, "device" or "devices"
shall be construed to include all music boxes, jukeboxes, mechanical
devices, machines and apparatuses described above.
[Amended 12-21-1994 by Ord. No. 1646; 9-14-2015 by Ord. No. 2057]
Any person, partnership, firm or corporation
or their agents using or operating or causing to be used or operated
any such device or devices upon any premises in which they may now
or shall occupy, rent, own or be employed in shall make application
for a license or licenses to the City Administrator on forms provided
by the city, which application shall set forth the name, residence,
present and previous occupation of the applicant and the place or
places where any devices enumerated herein are to be operated, and
said application, before final approval, shall be referred to the
Chief of Police, who shall investigate and approve the same before
the issuance of any license by the City Administrator, and in the
event that after issuing a license for any such device said device
shall be replaced or removed to other premises or there shall be a
substitution of another device during the period of the license, the
licensee shall be permitted to transfer the license to the substituted
device or to another premises; provided, however, that he obtain permission
and pay a fee as set by the City Council for said transfer or substitution.
[Amended 11-9-1981 by Ord. No. 1143; 12-21-1994 by Ord.
No. 1646]
A.
The license fee for any jukeboxes and music boxes
shall be as set by the City Council for each and every device operated,
installed, maintained or in the possession of any person, firm or
corporation or their agents or employees, where such devices are installed,
maintained or operated separate and apart from or in connection with
any business of any type where said devices are accessible and available
to the general public.
B.
The license fee for any other mechanical devices as
described herein, other than music boxes or jukeboxes, shall be as
set by the City Council for each and every device operated, installed,
maintained or in the possession of any person, partnership, firm or
corporation or their agents or employees, where such devices are installed,
maintained or operated separate and apart from or in connection with
any business of any type where said devices are accessible and available
to the general public; provided, however, that the license fee for
such machines being installed for the first time during the calendar
year shall be licensed according to a schedule as set by the City
Council.
The license year shall be from January to January
of each year, and, upon payment of the license fee herein provided,
the licensee shall receive a certificate setting forth the number
for each device, which certificate shall be at all times during the
then-current year attached to the device or displayed in a conspicuous
place on the premises.
Nothing in this chapter shall be construed in
any way to permit licensing of gambling devices nor the use of any
of the devices so licensed for gambling purposes, and in the event
that any of said devices are found to be used for the purpose of gambling,
the license shall be revoked and the licensee shall be subject to
the penalty of any acts now in existence or which may be hereafter
passed.[1]
[1]
Editor's Note: Original Section 6, which dealt
with nuisances and immediately followed this section, was deleted
12-21-1994 by Ord. No. 1646.
The members of the Police Force of the City
of Greensburg shall have the right and power to enter, inspect and
check the premises, including private clubs, at all times where any
device licensed under the provisions of this chapter is located or
operated.
[Added 12-21-1994 by Ord. No. 1646]
Whenever under the provisions of this chapter
the City of Greensburg is empowered to make a decision with respect
to the installation, operation or maintenance of any alarm device
or with respect to the denial or revocation of any permit relating
thereto, any applicant for a permit or a permit holder aggrieved by
said decision may, within ten (10) days following said decision, file
a written appeal therefrom with the City Council of the City of Greensburg,
whereupon the City Council shall promptly conduct a hearing and affirm,
modify or reverse the decision appealed from. The decision of the
City Council shall be final.
[Amended 12-21-1994 by Ord. No. 1646]
Any person or persons, partnerships, firms or
corporations violating any of the provisions of this chapter shall,
upon conviction, be sentenced to pay a fine of not more than six hundred
dollars ($600.) or be imprisoned for a period not exceeding ninety
(90) days, or both such fine and imprisonment. Each and every day
that any such device under the terms of this chapter shall be operated
and used in violation thereof shall constitute a separate and distinct
offense under this chapter and shall be subject to separate and distinct
penalties hereunder.
