The following words, when used in this chapter, shall have the
meaning ascribed to them in this section, except where the context
clearly indicates or requires a different meaning. Words used in this
chapter which are not specifically defined shall carry the definitions
ascribed to them by the prevailing Merriam-Webster Dictionary or the
prevailing Oxford English Dictionary.
BOROUGH
The Borough of Monaca, Beaver County, Pennsylvania
CRYPTOCURRENCY
A digital currency, by whatever name it is known by, that
can be used to buy goods, and services using an online ledger with
strong cryptography to secure online transactions and using a technology
called blockchain.
DEVICE
Electrical and/or electronic amusement device, or mechanical
amusement device, or both.
ELECTRICAL AND/OR ELECTRONIC AMUSEMENT DEVICE(S)
Machines or apparatus, other than a jukebox as defined herein,
which use video displays or readouts or emits electrical and/or electronic
audio and/or video signals through the insertions of any legal tender
or paper currency, coin, slug, disc, metal disc, slug, or token; or
by payment through credit card or debit card whether inserted or not;
or by payment through any form of cryptocurrency; or by payment using
near field communication (NFC); or by payment using a touchless means
through any type of cellular based mechanism, for the playing of a
game for amusement or entertainment purposes and not for any gambling
purpose or in any way contrary to law.
ESTABLISHMENT
Any place within the Borough of Monaca, except a private
residence.
JUKEBOX
Any music box, phonograph, or similar instrument or device
for the emission of music operated through the insertion of a coin,
disc, slug, token or currency or by payment by means of any legal
tender, by credit or debit card, whether inserted or not, cryptocurrency,
near field communication (NFC), or by payment using a touchless means
through any type of cellular based mechanism, for amusement or entertainment
purposes.
MECHANICAL AMUSEMENT DEVICE
Any machine or apparatus, other than a jukebox as herein
defined, which through the insertion of any legal tender or paper
currency, coin, slug, metal disc, token; or by payment through a credit
card or debit card, whether inserted or not; or by payment of cryptocurrency;
or by payment using near field communication (NFC); or by payment
using a touchless means through any cellular based mechanism, for
the playing of a game for amusement or entertainment purposes, but
not for any gambling purpose or in any way be contrary to law.
NEAR FIELD COMMUNICATION (NFC)
A short-range wireless technology that utilizes a smartphone,
tablet, wearable, payment card, or other mechanisms to exchange data
between two devices that are close to one another and which can be
used for making payment(s) for the playing of a game on a device.
PERSON
Includes any person, firm, corporation, partnership, or association
which shall, at any time, have in its possession for use or operation
within the Borough of Monaca, any mechanical amusement device, or
electrical or electronic amusement device, for use or operation by
members, if the business requires membership, or the general public.
PROPRIETOR
Owner, occupant, manager, person in control, lessor, or lessee
of any establishment.
VENDOR
Person who/which owns in whole or part, leases to others,
maintains or repairs a device.
No person shall have in their possession or control any device
unless he/she/they have applied for it in writing and procured a license
therefor from the Borough. The following information required in this
section shall be furnished over the signature of the applicant and
shall be made under oath or affirmation. Said application shall set
forth the following:
A. The name, address, and telephone number of the vendor of each device
to be licensed.
B. The name, address, and telephone number of all proprietors of the
establishment in which each device is to be located, used or installed.
C. The name of the owner of the premises upon which the device(s) is/are
to be used and installed.
D. If the owner of the premises is not the applicant, the length of
the time for which the premises has been leased.
E. Citizenship status of the applicant.
F. Present and previous occupation(s) for the last 15 years, of the
applicant(s).
G. Length of time residence at the present residence and each previous
place of residence for the past 15 years of the applicant(s).
H. The location and description of each device to be displayed or operated
on/in the premises/establishment.
I. The manufacturer, serial number, name, and description of the device(s)
to be installed and used.
J. The name and address of the owner(s) or the device(s) to be installed
and used.
K. A verification by the vendor and proprietor that the facts set forth
in the application are true and correct to the vendor's and proprietor's
personal knowledge, information, and belief, and that any false statements
therein are made subject to the penalties of the Crimes Code, 18 Pa.C.S.A.
§ 101 et seq., relating to unsworn falsification to authorities.
L. That the vendor(s) and proprietor(s) acknowledge have been provided
a copy of this chapter and that he/she/they have read and agree to
be bound by all terms and provisions of this chapter.
M. An acknowledgement that a license does not sanction or condone the
use or possession of any device for gambling whether illegal per se
or as modified.
N. An acknowledgement that the illegal use or possession of an illegal
gambling device, either per se or as modified, may result in a criminal
prosecution by law enforcement officials.
O. A description of the number of pieces of equipment for music and
all loudspeaker devices and other devices for amplification of sound.
P. A description of the anticipated hours the device(s) will be in operation.
Q. A description of the maximum number of people expected to be using
the devices in the establishment during its hours of operation.
R. The information required herein shall be furnished over the signature
of the applicant or applicants and shall be made under oath or affirmation.
S. An acknowledgment by the applicant, owner, proprietor that it or
they consent to and permit a designated Borough inspector to inspect
the establishment for compliance with this chapter.
Upon the payment of the license fee provided by this chapter,
the Borough shall issue a license as evidence of payment in the form
of a paper certificate, disk, plate, or sticker, setting forth the
number of the license for each machine so licensed, which said certificate
disk, plate or slicker shall be attached and fastened to the respective
machine or device so that the same may be clearly observable and readable.
The certificate shall state that the device is for amusement purposes
only, that it is not an illegal gambling device and that only games
and not money may be won on the device.
The responsibility to ensure that each premises and device(s)
located thereon is licensed, shall be joint and severable where the
owner of the premises or the proprietor, or vendor of the establishment
fails to acquire the proper license or remove the device. The owner
or vendor of each device shall prominently display the issued license
on each device. The licensee, upon applying for and being granted
a license hereunder, thereby consents to and permits a designated
Borough inspector the right to inspect the premises for compliance
with this chapter.
For each and every violation of the provisions of this chapter,
any person(s), 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 Monaca, shall be fined not
less than $300, not more than $600 for each such violation of each
section of this chapter. Each and every day that any 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.
If any chapter, section, subsection, paragraph, sentence, or
phrase of this chapter is for any reason declared invalid by a court
of competent jurisdiction, such decision shall not affect the validity
of this chapter as a whole or any section or part thereof other than
the section or part thereof so declared to be invalid.
Any ordinance, chapter, section, subsection, paragraph, sentence or phrase of any ordinance and/or the Code of the Borough of Monaca, conflicting with the provisions of this chapter shall and the same is hereby repealed to the extent of such conflict. This chapter specifically repeals and replaces existing Chapter
84, Amusement Devices, and any amendment heretofore made thereto.
This chapter shall become effective January 1, 2022 and shall
remain in full force and effect thereafter.