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.
The term of the license under this chapter shall be from January 1 until
December 31 of each calendar year.
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.