[HISTORY: Adopted by the Borough Council of the Borough of Leetsdale 12-29-1982 by Ord. No. 461. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
ELECTRONIC AMUSEMENT DEVICE
Any machine or device similar to those defined in herein except that they are operated electronically with or without video screens.
JUKEBOX
Any music vending machine, contrivance or device which, upon the insertion of a coin, slug, token, plate, disk or key into any slot, crevice or other opening, or by the payment of any price, operates or may be operated for the emission of music, songs or similar amusement.
LICENSEE
The person, firm, corporation or association to whom a license is issued for any period of time.
LICENSE OFFICER
The Mayor of the Borough of Leetsdale, or his designated agent.
MECHANICAL AMUSEMENT DEVICE
Any machine or device which, upon the insertion of a coin, slug, token, plate or disk, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score. It shall include such devices as pool tables, marble machines, pinball machines, skillball, mechanical grab machines, electrical amusement devices, coin video games, and all games, operations or transactions similar thereto under whatever name they may be indicated.
PERSON, FIRM, CORPORATION or ASSOCIATION
Any person, firm, corporation or association which owns any machine or device heretofore defined; the person, firm, corporation or association in whose place of business any such machine or device is placed for use by the public; and the person, firm, corporation or association having custody or control over such machine or device.
[Amended 10-9-1991 by Ord. No. 497]
A. 
No person, firm, corporation or association shall establish, set up or cause to be established or set up, or exhibit, display or maintain for the purpose of gaining advantage or profit within the Borough of Leetsdale any jukebox, mechanical amusement device or electronic amusement device, machine or apparatus of any kind for the playing of games, or for the emission of music, songs or similar amusement, or otherwise used for the purpose of amusement or entertainment by the insertion therein of a coin, metal disk, slug, token, plastic card or key without first obtaining a license from the license officer for each such jukebox, mechanical amusement device or electronic amusement device.
B. 
No person, directly or indirectly, shall conduct any business enterprise, profit or nonprofit, or use in connection therewith any mechanical amusement device, jukebox, or electronic amusement device for which a license is required by this chapter, without first obtaining such a license and keeping it in effect at all times as required by this chapter.
C. 
No person under 18 years of age shall be eligible for a license under this chapter.
D. 
Commencing on January 1, 1983, for the year 1983 and on January 1 of each succeeding year thereafter, each person, firm, corporation or association required to obtain a license under this chapter shall obtain such a license from the license officer and pay the appropriate fee in an amount as established, from time to time, by resolution of Borough Council.
E. 
It is hereby declared and established that the licensing of lawful video poker machines and similar legal amusement devices does not in any way permit, sanction, authorize or approve, expressly or impliedly, the use of or possession of illegal gambling devices or activity.
[Added 11-12-1998 by Ord. No. 556]
The application shall set forth the name or names, the residence or residences of the person or persons, firm or corporation so applying, together with the present occupation of the applicant; the name of the owner of the premises upon which the aforesaid machines are to be used and installed and if the owner of the premises is not the applicant, then the applicant shall set forth the length of time for which the premises has been leased and shall also set forth whether the applicant is a citizen of the United States; the application shall also set forth the manufacture and nature of the machine to be installed and used.
The qualifications of every applicant for a Borough license shall be considered by the license officer.
[Amended 10-9-1991 by Ord. No. 497]
A. 
Every applicant, before being granted a license, shall pay an annual license fee for the privilege of operating or maintaining for operation each jukebox, mechanical amusement device or electronic amusement device, as defined in § 107-1 herein. License fees shall be as established from time to time by resolution of Borough Council.
B. 
Such license shall be valid for the entire calendar year for which it is issued and shall expire following the last day of such calendar year. Any license issued on or after the first day of July in any year shall be issued upon payment of 1/2 of the sum set forth herein.
A. 
All licenses issued for a license year are for a specific mechanical device, music box or video device or a combination thereof, and for a specific premise or location and are not transferable from premise to premise. Any change in the premises location of mechanical device requires a new license application and payment of license fees heretofore cited in § 107-5.
B. 
Provided, however, a license issued for a license year may be transferred from one mechanical device of the same type as long as the premises or location, and the total number of mechanical devices licensed to that premises or location does not change. Any additional mechanical devices or transferred from one premises to another premises which results in additional mechanical devices on said premises shall require a new application and payment of the license fee as heretofore set forth.
A. 
Upon failure to pay the appropriate fee or fees on the date specified, that is, January 1 of each year, or within the succeeding 30 days, the Mayor of the Borough of Leetsdale may direct that the machines, mechanical amusement devices, electronic amusement devices, and jukeboxes be sealed until such time as the appropriate fee or fees are paid.
B. 
If the machines, mechanical amusement devices, electronic amusement devices, and jukeboxes are continued to be displayed for public patronage or kept for operation and use by the public in violation of this section, the person, firm, corporation or association shall be subject to the penalty or penalties as set forth in § 107-11 hereof. Each day of use in violation of this chapter shall be regarded as a separate offense and shall be punishable accordingly.
The term of the license under this chapter shall be from January 1 until December 31 of each calendar year.
A. 
The following persons are authorized to conduct inspections necessary for the enforcement of this chapter:
(1) 
License officer.
(2) 
Any police officer of the Borough of Leetsdale in the course of his duties.
(3) 
Any official authorized by the license officer.
B. 
All violations discovered by the above-mentioned inspections shall be reported to the license officer in any manner or form that the license officer shall require.
Nothing in this chapter shall in any manner be construed to authorize, license or permit any gambling devices or machines whatsoever, or any mechanisms that have been judicially determined to be gambling devices, or in any way contrary to law, or that may be declared gambling devices or contrary to law in the future; and all such machines, gambling devices or mechanisms are prohibited within the confines of the Borough of Leetsdale.
[Amended 10-9-1991 by Ord. No. 497]
Any person, firm, corporation or association violating any of the provisions of this chapter shall, upon conviction thereof, be fined not exceeding $600 and costs, or in default of payment thereof, shall be subject to imprisonment for a term not to exceed 30 days. Each and every day that any machine or device, under the terms of this chapter, shall be operated and used in violation hereof shall constitute a separate and distinct offense under this chapter and shall be subject to separate and distinct penalties thereunder.