[HISTORY: Adopted by the Board of Commissioners of the Township of Rostraver 9-5-1989 as Part 6, Ch. 2, Art. A, of the 1989 Code. Amendments noted where applicable.]
Police Department — See Ch. 53.
No person, firm or corporation shall at any time have in its or their possession within the Township any mechanical or electronic device, machine or apparatus whatsoever for the playing of games, for profit, amusement or entertainment, whether operated manually or by coins, slugs, remote control, pins, pegs, balls, electric batteries, central lighting system or by any other device, operated through the insertion therein of a coin or any metal disc or otherwise, without first having procured a license therefor as provided in this chapter.
Any person, firm or corporation using or operating or causing to be used or operated any such machine or musical device shall first make application for a license or licenses to the Secretary, on forms provided by the Township, which application shall set forth the name, residence, present and previous occupation of the applicant, place where such machine or machines are to be used or played, number and kind of machines or devices to be operated and any other information which may be required in that application, and the application shall be referred to the Chief of Police for investigation and approval, and after approval thereof, a license shall be issued by the Secretary for each separate machine, mechanical or electronic device for the current license period.
[Amended 2-23-2000 by Ord. No. 421]
A similar application and a similar license shall be required for each license year or fraction thereof. In the event that a machine has to be replaced for a portion of a license year for which the license has been paid or in the event that there is a substitution of a similar machine for a period of time during which the license has been paid, there shall be no additional license imposed in accordance with the schedule of licensing set forth in § 72-4, but there shall be a permit or renewal or transfer fee to be paid in the amount as set from time to time by resolution of the Board of Commissioners, and the transfer or substitution shall be made pursuant to application on forms to be provided by the Township.
The license year shall be from January to January and the license fee for any type of mechanical or electronical device as hereinbefore set forth shall be as follows:
[Amended 2-23-2000 by Ord. No. 421]
Music boxes: as set from time to time by resolution of the Board of Commissioners.
Mechanical or electronical devices for amusement: as set from time to time by resolution of the Board of Commissioners.
Mechanical or electronical devices being a game of chance: as set from time to time by resolution of the Board of Commissioners.
Pinball and pool tables: as set from time to time by resolution of the Board of Commissioners.
All others: as set from time to time by resolution of the Board of Commissioners.
However, should any mechanical or electronic device or music box be installed and licensed after July 1 of any year, then, in such event, the license fee shall be one-half of the respective fee; and provided, further, that this chapter shall not impose a license fee upon mechanical or electronic devices limited only to the sales of merchandise or services.
Upon payment of the license fee provided in § 72-4, there shall be issued to the licensee a license certificate or tag, setting forth the number of the license for each machine or device so licensed, which certificate shall be attached to the respective machine or device or be displayed in some conspicuous place on the premises.
Nothing in this chapter shall be in any way construed to authorize, license or permit any gambling device or any mechanism that has been judicially determined to be a gambling device or in any way contrary to law, nor shall any such device be used or permitted to be used for gambling purposes.
It shall be the duty of the Police Department to regulate and supervise the operation of all said devices and to regularly inspect the premises where the same are being used and to require full compliance with the law and Township ordinances, so that the same shall not amount to a nuisance or be used in violation of any law.
In the event that any such machines or devices are operated as to constitute a nuisance or in violation of the laws of the commonwealth or ordinances of the Township, then the license as to all machines and devices operated on the premises shall be revoked and there shall be no rebate or return of any part of the license fee and at least two months shall elapse before another license may be granted to that person, firm or corporation.
Any person, firm or corporation who or which violates any provision of this chapter shall, for every such violation, upon conviction, be sentenced to pay a fine of not less than $50 or more than $600 and costs of prosecution and, in default of payment of fine and costs, to undergo imprisonment for not more than 30 days. Each day on which any machine or device, under the terms of this chapter, is operated and used in violation of this chapter shall constitute a separate and distinct offense under this chapter and shall be subject to a separate and distinct penalty under this chapter.