[HISTORY: Adopted by the Borough Council of the Borough of Indiana 2-6-1996 by Ord. No. 1677. Amendments noted where applicable.]
The following words, as used in this chapter, shall have the meanings hereby ascribed thereto, unless the context clearly indicates a different meaning:
- AMUSEMENT DEVICE
- Any mechanical and/or electronic device, machine or apparatus whatsoever for the playing of music, games and amusement. Said mechanical and/or electronic devices, etc., shall include, but are not limited to, combination film and music machines, jukeboxes, music boxes, phonographs, pinball machines and electronic video games upon which baseball, football or other games are played by the insertion therein of a coin or any other metal disc, slug or token whatsoever.
- Any natural person, association, partnership, firm or corporation.
In this chapter, the singular shall include the plural and the masculine shall include the feminine and the neuter.
No person shall at any time display for public patronage or keep for operation within the Borough of Indiana any amusement devices without first having procured a license therefor as hereinafter provided in this chapter.
Any person desiring to procure a license, as required by this chapter, shall apply in writing to the Borough Manager or his designee upon a form to be supplied by the Borough for that purpose. The application shall contain the following information:
Name of applicant.
Address of applicant.
Age, date and place of birth.
Name and address of owner of machine or device.
Place where machine or device is to be displayed or operated and the business conducted at that place.
Description of machine to be covered by the license: name of manufacturer and serial number, if any.
Every applicant for a license shall be not less than 21 years of age and a citizen of the United States.
The applicant for the license required by this chapter shall be construed as being the owner of such device, machine or apparatus unless otherwise indicated in the application, but payment of the fee herein provided for by any person who is in fact the owner, or in whose place of business any such machine is located, shall be deemed a compliance with this section.
No license shall be granted until a period of seven days shall have elapsed from the date of application, during which time the Borough Manager or his designee may, at his discretion, investigate or cause to be investigated the facts set forth in the application.
Nothing in this chapter shall in any way be 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 the law, or that may be contrary to any further laws of the Commonwealth of Pennsylvania.
No license shall be issued until an annual license fee for each machine shall have been paid by the applicant to the office of the Borough Manager in the amount, as set from time to time by resolution of the Borough Council, for each device installed or used on the premises located in the Borough of Indiana, which amount shall be a license fee until December 31 of that year. Borough Council, by resolution, may change from time to time the annual licensing fee to be charged for each amusement device installed or used within the Borough of Indiana.
If the applicant has complied with the requirements of this chapter and has paid the licensing fees provided for in this chapter, the Borough Manager or his designee may issue an official sticker setting forth the number of the license for each machine so licensed, which official sticker shall be attached and affixed to the respective machine or device so that it is clearly observable and readable. The Borough Manager or his designee shall also issue a permit, which shall at all times be displayed in a prominent place in the room where the machine or device is kept or operated.
The licensee shall not transfer a license from one amusement device to another amusement device within the Borough without first having obtained the approval for such a transfer from the Borough Manager or his designee. The Borough Manager or his designee may, in his discretion, investigate the requested transfer or cause the same to be investigated before approving the transfer of the license.
If the licensee shall move his place of business to another location within the Borough, the license may be transferred to such new location upon application to the Borough Manager, giving the street and number of the new location. The Borough Manager or his designee may, in his discretion, investigate the new location or cause the same to be investigated before approving the transfer of the license.
A license shall not be transferable from person to person, except that if there is a bona fide sale of the licensee's business and stock-in-trade, including machines or devices which are licensed under this chapter and the purchaser continues the business at the same location, then the license for each such machine or device may be transferred to the purchaser upon application to the Borough Manager or his designee, giving the name and address of the transferor and the transferee and the description, name of manufacturer, and serial number of the machine or device transferred.
Any person who shall violate any provision of this chapter shall, for each and every offense, upon conviction thereof, be sentenced to pay a fine of not more than $600 and costs of prosecution and, in default of payment of such fine and costs, to imprisonment for not more than 30 days. Each and every day that any machine or device, under the terms of this chapter, shall be operated and used in violation thereof shall constitute a separate and distinct offense and shall be subject to separate and distinct penalties thereunder.
Each machine on the premises, whether the same is operational or not, must be licensed.