[HISTORY: Adopted by the Borough Council
of the Borough of Indiana 2-6-1996 by Ord. No. 1677. Amendments noted where
applicable.]
A.
AMUSEMENT DEVICE
PERSON
The following words, as used in this chapter, shall
have the meanings hereby ascribed thereto, unless the context clearly
indicates a different meaning:
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.
B.
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:
A.
Name of applicant.
B.
Address of applicant.
C.
Age, date and place of birth.
D.
Name and address of owner of machine or device.
E.
Place where machine or device is to be displayed or
operated and the business conducted at that place.
F.
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.
A.
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.
B.
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.
C.
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.
