[HISTORY: Adopted by the Borough Council
of the Borough of Monaca 12-14-2021 by Ord. No. 983.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance repealed former Ch. 84, Amusement
Devices, adopted 12-8-1975 by Ord. No. 685, as amended.
A.
The purpose of this chapter is to establish the regulation and operation
of mechanical amusement devices and electrical and/or electronic amusement
devices in or on any establishment within the Borough of Monaca for
the health, safety and welfare of the residents, consumers, and business
owners in Monaca Borough.
B.
To further this purpose, no proprietor of any establishment shall
set up, allow to be set-up, establish or cause to be set up or established,
exhibit, display or maintain on the premises of any establishment
within the Borough of Monaca, for the purpose of gaining advantage
or profit, any mechanical amusement device, or electrical or electronic
amusement device, machine or apparatus of any kind for the playing
of games or otherwise used for the purpose of amusement or entertainment
by the insertion therein of any legal tender, or paper currency, or
coin, 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, without first obtaining a license from the Borough.
A license fee shall be paid for each such device. This provision shall
be applicable to proprietors who charge fees for the use of pool tables
on their premises although such pool tables do not operate through
the insertion of currency, coin, metal disc, slug or token. This chapter
is not applicable to devices, machines or apparatus where the cost
or price of consideration for playing one game is less than $0.05.
Upon the payment of the license fee provided by this chapter and if
the application fully complies with this chapter, the Borough shall
issue a license setting forth the number of devices licensed by the
Borough. Said license shall be displayed in a clearly observable and
readable location at the place or establishment where the machine/devises
are installed and used. All licenses issued by the Borough for video
and mechanical amusement devices shall clearly state that the video
or mechanical amusement device(s) are for amusement purposes only,
that they are not gambling devices, and that only games and not money
may be won on the devices. No person or persons, firm, partnership,
corporation, or other entity shall at any time have in his, its or
their possession within the Borough of Monaca any mechanical amusement
devices or electrical and/or electronic amusement devices without
first having procured a license therefore as hereinafter provided
in this chapter.
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.
The Borough of Monaca, Beaver County, Pennsylvania
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.
Electrical and/or electronic amusement device, or mechanical
amusement device, or both.
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.
Any place within the Borough of Monaca, except a private
residence.
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.
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.
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.
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.
Owner, occupant, manager, person in control, lessor, or lessee
of any establishment.
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.
A.
Upon presentation of an application as provided herein, the Borough
may conduct an investigation as to the truth of the statements contained
therein and as to any or all matters which might tend to aid the Borough
in determining whether or not a license should be granted. The Borough
may consider, among other things, the effect of the amusement or exhibition
upon the peace, welfare and good order of the Borough when granting
a license. The Borough may approve or disapprove each device and may
also approve or disapprove any lighting system or device emitting
or amplifying sound relating to any such device, as well as impose
further conditions.
B.
Both prior to and following issuance of a license(s) hereunder, any
person authorized by the Borough may conduct inspections of any establishment
where any device licensed under this chapter is located, installed,
placed or used to ensure compliance with this chapter.
C.
The Borough shall not issue a license to any vendor, applicant, owner
or proprietor, who is not a citizen of the United States of America,
is not 21 years of age or who has been found guilty of or accepted
into Accelerated Rehabilitative Disposition Program, for possessing
or using a video or mechanical amusement device in violation of this
chapter, or any other municipal ordinance, or the Crimes Code of the
Commonwealth of Pennsylvania, within three years of the date of application.
A.
Nothing in this chapter shall in any way, be construed to authorize,
license, or permit any gambling devices, as defined by state law,
whatsoever, or any mechanism that has been judicially determined to
be a gambling device or in any way contrary to law, or that may be
contrary to any future laws of the State of Pennsylvania. No person
shall permit any device to be located on the premises of any business
if such device shows or exhibits any specified anatomical area or
specified sexual activity otherwise prohibited or restricted by any
statute or ordinance regulating such displays.
B.
Monaca Borough intends to prosecute the illegal possession or use
of unlawful gambling devices. No employee or agent of the Borough
may promise, suggest, or insinuate, either expressly or by implication,
that the applicant, vendor, owner, or proprietor, who either illegally
possesses or uses a per se, modified or other illegal gambling device(s),
shall not be prosecuted for a violation of the Crimes Code of the
Commonwealth of Pennsylvania. Monaca Borough shall notify the appropriate
law enforcement officials of the use or possession of per se, modified
or other illegal gambling device(s), whether or not such device(s)
are licensed. The illegal use or possession of any unlawful gambling
device(s), either per se or as modified, may result in criminal prosecution
by the Borough of Monaca or any other law enforcement officials having
jurisdiction to do so.
A.
No license shall be granted until a period of 10 days shall have
elapsed from the date of receipt of the application by the Borough,
during which time the Borough may, at its discretion, investigate
the facts set forth in the application, and no license shall be granted
to any person not a citizen of the United States.
B.
No license shall be issued until an annual license fee therefore
shall have been paid to the Borough in the sum of $350 or as set by
the Borough by resolution from time to time, for every device installed
and used in the Borough, under the terms of this chapter, which amount,
paid as aforesaid, shall be a license fee until December 31 of each
year. The license fee hereby imposed shall be due and payable on of
before January 15 in the applicable year for all devices in operation
on that date and shall thereafter become immediately due and payable
on each device placed in use or operation within the Borough. However,
should any such device be installed after July 1 of any year and application
therefore be made after said date, then in such event, the license
fee for that particular year shall be 1/2 the sum established by the
Borough as the then-existing annual license fee.
C.
Upon application and notification to the Borough, any device on which
the foregoing fee has been paid may be transferred from the establishment
for which the aforesaid fee has been paid to any other establishment
located within the Borough. Further, upon application and notification
to the Borough, another device, as defined herein, may replace any
device on which the foregoing fee has been paid.
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.
A.
The Borough reserves the power to revoke any license issued under
the provisions of this chapter at any time in cases in which such
license was procured by fraud or false representation of facts or
for the violation of or failure to comply with any provision of this
chapter by any vendor, licensee or servant, agent or employee of the
licensee or the conviction of the licensee of any crime or offense
involving moral turpitude or the conviction of any of the licensee's
servants, agents or employees of any crime or offense involving moral
turpitude committed on the location or premises licensed.
B.
Monaca Borough shall immediately revoke each license of any applicant,
owner or proprietor for any device illegally used or possessed, either
per se or as modified, in violation of the Crimes Code of the Commonwealth
of Pennsylvania or this chapter.
C.
In the event any applicant, vendor or proprietor falsifies any information
on an application for license of amusement devices, or violates this
chapter, the Borough shall immediately revoke all licenses issued
under this chapter to such applicant, vendor, or proprietor. Moreover,
in the event the Borough becomes aware that a proprietor is convicted
of possessing or using an illegal gambling device, the Borough shall
revoke all licenses issued to such proprietor.
D.
In the event an owner of a device, or person listed pursuant to the
requirements of this chapter, or owner of the premises, or applicant/proprietor
of the establishment is convicted of having a device that is in violation
of any gambling laws of the Commonwealth of Pennsylvania, the Borough
shall revoke each license which has/had been issued to such person
and each Borough license for devices owned and operated by such person.
In addition, the person shall be barred for a period of three years
from being eligible to apply for another license under this chapter.
E.
In the event a mechanical amusement device in an establishment is
determined to be in violation of any gambling laws of the Commonwealth
of Pennsylvania, any device thereafter found on the premises for a
period of three years shall be declared contraband and shall be confiscated
by the Borough.
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.
