Borough of Emsworth, PA Chapter 68 Amusement Devices

[HISTORY: Adopted by the Borough Council of the Borough of Emsworth 3-8-1982 by Ord. No. 794. Amendments noted where applicable.]

§ 68-1 License required.

[Amended 6-9-1993 by Ord. No. 862]

No person, persons, firm, corporation, or other entity shall at any time have in its or their possession, within the geographic confines of the Borough of Emsworth, any mechanical or electrical device, machine or apparatus whatsoever for the playing of games or amusements, said mechanical or electrical devices including, but not limited to, "pinball" machines, video machines, or arcade-type electronic machines, upon which any game or amusement is played through the insertion therein of a coin or other metal disc, slug, or token, whatsoever, without first having procured a license for said device, machine, or apparatus as provided in this chapter.

§ 68-2 Application for license.

[Amended 6-9-1993 by Ord. No. 862]

A. Any person, persons, firm, corporation, or other entity with such mechanical or electrical device, machine or apparatus in its possession in the Borough of Emsworth as provided in § 68-1 shall apply in writing to the Borough office for such license. Such application shall set forth the following:

(1) Name, mailing address, residence address, and occupation of the owner or owners of the premises wherein said devices are to be installed;

(2) The name, mailing address, residence address, and occupation of the owner or owners of said devices;

(3) The name of the manufacturer, the serial number and the nature of each machine and its intended uses.

B. The information set forth above must be furnished under oath or affirmation of the applicant.

§ 68-3 Gambling devices.

Nothing in this chapter shall be in any way construed to authorize, license or permit any gambling device 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 law of the Commonwealth of Pennsylvania.

A. No license shall be granted until a period of 10 days shall have elapsed from the date of application during which time the Borough may, in its sole discretion, investigate the facts set forth in the application. A license shall not be granted unless the applicant acknowledges:

[Added 12-9-1998 by Ord. No. 903]

(1) That obtaining or displaying a Borough license does not sanction, authorize, or permit the use or possession of an illegal gambling device, either per se or as modified;

(2) That the Borough shall notify the appropriate law enforcement officials of the use or possession of per se, modified, or other illegal gambling devices, whether or not such devices are licensed;

(3) That the Borough shall immediately revoke the license of any electronic, video or mechanical device illegally used or possessed, either per se or as modified;

(4) That if the applicant or licensee illegally uses or possesses an unlawful gambling device, either per se or as modified, he may be prosecuted by Borough of other law enforcement officials; and

(5) That if the Borough has reasonable grounds to believe that a particular electronic, video, or mechanical device is illegal, either per se or as modified, the Borough shall not issue a license for said device.

B. The application for an annual license for any electronic, video or mechanical device shall contain the following certification which shall be signed by the applicant, the owner of the premises upon which the device is situated, and the proprietor of the establishment in which the device is situated:

[Added 12-9-1998 by Ord. No. 903]

	CERTIFICATION
	I (OR WE), the undersigned applicant, owner and/or proprietor, hereby acknowledge, subject to the penalties of Title 18 Pa.C.S.A. § 4904 (relating to unsworn falsification to authorities) that the Borough of Emsworth has provided me with a copy of Ordinance No. _____ and that I have read and agree to be bound by all terms and provisions of said Ordinance.
	I (OR WE) further acknowledge that this license, if granted by the Borough of Emsworth, does not sanction or condone any illegal gambling machine or device, whether illegal per se or as modified, or as used, and that the possession or use of any illegal gambling device or the making or giving of any payout, compensation, reward or other consideration based upon the use of any legal or illegal gambling machine or device could result in criminal prosecution by municipal or other law enforcement authorities.
	Applicant	Owner
		Proprietor

§ 68-4 Fees; issuance of license.

[Amended 6-9-1993 by Ord. No. 862; 12-9-1998 by Ord. No. 903[1]]

No license hereunder shall be issued by the Borough until an annual license fee therefor shall have been paid to the Borough in the amount of $600 for each and every device so installed and used pursuant to the provisions of this chapter for each calendar year, or a license fee of $400 in the event that the mechanical device is installed after July 1 of any calendar year. Said fee may hereafter be amended by ordinance or resolution of the Borough Council of the Borough of Emsworth. Upon payment of the said license fee, the Borough Secretary shall issue a license setting forth the serial number or other identification of the device so licensed which shall be attached to the device at all times and shall be clearly visible.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 68-5 Violations and penalties.

[Amended 6-9-1993 by Ord. No. 862]

Any person or persons, firm or corporation violating any of the provisions of this chapter shall, upon conviction thereof by any District Justice or other court of competent jurisdiction, be sentenced to pay a fine of not more than $600 for each offense, plus costs of prosecution, and, in default of payment of such fine and costs, to imprisonment not to exceed 30 days. Every day of violation shall be considered a separate offense and subject to separate penalty.

§ 68-6 When effective.

[Amended 12-9-1998 by Ord. No. 903]

This chapter shall become effective immediately upon its passage, and shall apply to all licenses issued thereunder for the calendar year 1999 and years thereafter.