[HISTORY: Adopted by the Board of Commissioners of the Township of South Fayette 3-12-1959 by Ord. No. 2; amended in its entirety 3-12-1979 by Ord. No. 2-A-1; 2-8-82 by Ord. No. 2-A-2; 4-17-1995 by Ord. No. 388. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Any device for the rendition of music upon insertion of a coin, slug, token, plate or disc.
- MECHANICAL, ELECTRONIC OR VIDEO AMUSEMENT DEVICE
- Any device which, upon insertion of a coin, slug, token, plate or disc, may be operated for use as a game or entertainment, whether or not registering a score; provided, however, that the term "mechanical or electronic or video device" shall not include any gambling device or any mechanism which has been judicially determined to be a gambling device.
- Any natural person, association, partnership, firm or corporation.
From and after the date hereof, no person may offer for amusement or enjoyment within the Township of South Fayette any mechanical, electronic or video amusement device or jukebox music device without first having procured a license therefor from the Township Manager or Township Secretary.
Any person desiring to procure a license for a mechanical, electronic or video amusement device or jukebox shall apply therefor, in writing, to the Township Manager or Township Secretary. Such application shall set forth the name of the applicant, the address at which such device is to be located and the number and character and type of devices as have previously been installed at the date of this chapter. All applications are to be signed by the applicant. The Manager or any other person designated by the Township Commissioners shall investigate the facts set forth in the application. After the investigation is completed, a license may be issued. No license shall be granted to any person not a citizen of the United States.
Nothing in this chapter shall in any way be construed to authorize, license or permit any gambling devices whatsoever or any machine or 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 law of the Commonwealth of Pennsylvania. No license shall be transferred.
The fees for the mechanical/electronic amusement devices and jukeboxes shall be as adopted by resolution from time to time by the Board of Commissioners and on file in the township offices.
The license fees heretofore mentioned shall not be prorated but shall remain the same for the whole or any portion of any one year.
Upon payment of a license fee provided by this chapter, the Manager of the Township of South Fayette shall issue a metal or cardboard license form for each machine so licensed, which license shall be attached and fastened to the respective machine or device so that the same may be clearly observable and readable.
The Chief of Police of the Township of South Fayette or any other officer of the Township of South Fayette so designated by the Board of Commissioners may put a seal upon any said mechanical, electronic or video devices or jukebox for which no license fee has been paid, and when the proper license fee has been paid for such sealed mechanical, electronic or video device or jukebox if under seal as aforesaid, the owner, proprietor, manager or person in charge of the place where said mechanical, electronic or video device or jukebox is located shall be responsible for any unlawful use thereof while such is unlicensed.
Any person violating any of the provisions of this chapter shall, upon summary conviction before any District Justice of the Township of South Fayette or elsewhere, be subject to a fine of not less than $25 and not more than $600 for each and every offense, plus costs of prosecution for each offense and, in default of payment of such fine and costs, to imprisonment in the county jail for a term not exceeding 30 days. Each and every day that any mechanical, electronic or video game device or jukebox under the terms of this chapter shall be operated and used in violation thereof shall constitute a separate and distinct offense under this chapter and shall be subject to separate and distinct penalties thereon.
The fee schedule set forth in § 99-5 herein may be amended from time to time by the Board of Commissioners by duly adopted resolution.
Editor's Note: The Char-West Council of Governments Survey Results on Municipal Fees Charged for Various Machines, which immediately followed this chapter, is on file in the township offices.