Borough of Homestead, PA
Allegheny County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Homestead 12-9-1999 BY Ord. No. 1103. Amendments noted where applicable.]
GENERAL REFERENCES
Licensing — See Ch. 169.
This chapter shall be known as the "Borough of Homestead Mechanical Device Ordinance."
Unless the context clearly indicates otherwise, the following words and phrases, when used in this chapter or in an application for license, shall have the meaning given to them in this section:
APPLICANT
Any natural person, partnership, corporation or other entity which seeks to obtain a license for mechanical devices, jukeboxes, pool tables, arcades or bowling alleys under this chapter.
APPLICATION
The document filed by an applicant requesting a license to possess, install, use, locate or place in the Borough any mechanical device, jukebox, pool table, arcade, bowling alley or pool hall.
ARCADE
Any business establishment of 25,000 square feet or more in which 10 or more mechanical devices, pool tables, jukeboxes, bowling alleys or combination thereof are possessed, installed, used, located or placed for the use, patronage, entertainment or recreation of the public or of persons in or about the establishment or premises.
BUSINESS ESTABLISHMENT
Any restaurant, bar, tavern, retail, manufacturing, wholesale, institutional, educational, religious, governmental or other nonresidential establishment or premises, whether or not in operation.
GAMBLING DEVICE
Any device, machine or apparatus used for the playing of poker, blackjack, keno, bingo, other casino games or other games of chance for which a fee is charged, whether or not such device is operated through insertion therein of any coin, currency, metal disc, slug or token.
ILLEGAL GAMBLING DEVICE
Any device, machine or apparatus designed and/or specifically equipped to be used for the playing of poker, blackjack, keno, bingo, slots, other casino games or other games of chance for which a fee is charged, whether or not such device is operated through the insertion therein of any coin, currency, metal disc, slug or token, which has or is designed to facilitate the ready use of a knockoff or knockdown device or other capability for erasing or eliminating accumulated playing credits.
JUKEBOX
Any device, machine or apparatus which plays recorded music, whether by record, tape, compact disc or other means, for which a fee is charged, whether or not such device is operated through the insertion therein of any coin, currency, metal disc, slug or token.
LICENSE YEAR
The period of time from the date a license is effective through December 31 of the calendar year in which the license becomes effective.
LICENSEE
An applicant to whom a license under this chapter has been issued.
MECHANICAL DEVICE
Video, electric, electronic or mechanical device, shuffleboard device, gambling device and/or any other devices, machines or apparatuses whatsoever for the playing of games, entertainment or recreation for which a fee is charged, whether or not such device is operated through the insertion therein of any coin, currency, metal disc, slug or token, but shall not include jukeboxes, pool tables or illegal gambling devices.
POOL HALL
Any business establishment in which three or more pool tables are possessed, installed, used, located or placed for the use, patronage, entertainment or recreation of the public or of persons in or about the establishment or premises, but shall not include arcades.
POOL TABLE
Any device or apparatus upon which is played the games of eight-ball, billiards, pool, snooker or other similar games for which a fee is charged, whether or not such device is operated through the insertion therein of any coin, currency, metal disc, slug or token.
PROPRIETOR
Any natural person, partnership, corporation or entity which owns, leases, operates, controls or maintains a business establishment.
VENDOR
Any natural person, partnership, corporation or other entity which owns, controls, makes, assembles, sets up, maintains, sells, lends, leases, obtains or attempts to obtain financial gain from, gives away or offers for sale, loan, lease, financial gain or gift any mechanical device, jukebox or pool table.
VIDEO ELECTRIC, ELECTRONIC OR MECHANICAL DEVICE
Any device, machine or apparatus used for the playing of games or otherwise used for the purpose of recreation or entertainment for which a fee is charged, whether or not such device is operated through the insertion therein of any coin, currency, metal disc, slug or token, including, but not limited to, mechanical rides, claw machines, electric or electronic dart boards, gambling devices, pinball machines, video games, air-hockey tables and foosball games.
A. 
No person shall at any time possess, install, use, locate or place; attempt to possess, install, use, locate or place; or suffer or permit to be possessed, installed, used, located, placed on or operated in or at any business premises within the Borough of Homestead any mechanical device, jukebox, pool table, arcade, bowling alley or pool hall, not having first procured a license therefor for the license year as hereinafter provided in this chapter.
B. 
A separate license shall be required for each mechanical device, jukebox, pool table, bowling alley or a pool hall possessed, installed, used, located, placed on or operated in or at any business premises, except for:
(1) 
Mechanical devices, jukeboxes, pool tables or bowling alleys possessed, installed, used, located, placed on or operated in or at any arcade for which an arcade license has been obtained; and
(2) 
Pool tables possessed, installed, used, located, placed on or operated in or at any pool hall for which a pool hall license has been obtained.
Any natural person, partnership, corporation or other entity, desiring to procure a license under this chapter shall file with the Borough a written application for license of mechanical devices, jukeboxes, pool tables, arcades, bowling alleys or pool halls. The application shall contain the following:
A. 
The name, business address and phone number of the applicant.
(1) 
If the applicant is a partnership, the names and business addresses of its partners.
(2) 
If the applicant is a corporation, the names and business addresses of its officers and directors.
B. 
The name, business address and phone number of all vendors of each mechanical device, jukebox, pool table, arcade, bowling alley or pool hall to be licensed.
C. 
The name and business address and phone number of all proprietors of all business establishments at which each mechanical device, jukebox, pool table, arcade, bowling alley or pool hall to be licensed is to be possessed, installed, used, located, placed or operated.
D. 
The name and business address and phone number of all business establishments at which each mechanical device, jukebox, pool table, arcade, bowling alley or pool hall to be licensed is to be possessed, installed, used, located, placed or operated.
E. 
A list of all mechanical devices, jukeboxes or pool tables to be licensed, or to be possessed, installed, used, located, placed on or operated, in or at any arcade, or pool tables to be possessed, installed, used, located, placed on or operated in or at any pool hall, each described by type of device, manufacturer's name and manufacturer's serial number.
F. 
A statement of the fee applicable for each mechanical device, jukebox, pool table, arcade, bowling alley or pool hall to be licensed.
G. 
A statement of the citizenship of the applicant.
H. 
An acknowledgment, separately signed by the applicant, that the license does not sanction or condone the use or possession of any illegal gambling device, whether illegal per se or as modified.
I. 
An acknowledgment, separately signed by the applicant, that the illegal use or possession of an illegal gambling device, either per se or as modified, may result in a criminal prosecution of the applicant.
J. 
A grant of permission, separately signed by the applicant, to the Borough of Homestead and its authorized officers, agents or employees to enter, during normal business hours, any business establishment in which any of the applicant's mechanical devices, jukeboxes, pool tables, arcades, bowling alleys or pool halls are possessed, installed, used, located, placed or operated, for the purpose of inspecting the business establishment and/or the mechanical devices there possessed, installed, used, located, placed or operated for compliance with this chapter.
K. 
A statement that the applicant or, if the applicant is not a natural person, its partners or its officers and directors have not been found guilty of or accepted into accelerated rehabilitative disposition for possessing, installing, using, locating, placing or operating mechanical device, jukebox, pool table, arcade, bowling alley or pool hall in violation of federal, state or local law, ordinance or regulation during the three years immediately preceding the date of the application.
L. 
An authorization, separately signed by the applicant, or if the applicant is not a natural person, by the applicant's partners or officers and directors, to perform a criminal history records check, including a check on acceptance into accelerated rehabilitative disposition program, on the applicant, or if the applicant is not a natural person, on its partners or its officers and directors.
M. 
A statement that the application is for an annual license or a temporary license, as applicable.
N. 
A verification, separately signed by the applicant, or if the applicant is not a natural person, by the applicant's authorized partner, officer or director, that the facts set forth in the application are true and correct to the signer's personal knowledge, information or belief, and that any false statements therein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities.
A. 
Annual license. An annual license issued under this chapter shall remain in effect for one license year and shall expire on December 31 of the license year. An annual license may be renewed each license year after the first license is issued by filing a new application.
B. 
Temporary license. A temporary license issued under this chapter shall remain in effect for seven calendar days from its effective date. A temporary license may be renewed no more than three times in any license year. An applicant for a renewed temporary license within a license year need not file a new application, but may make a written request for renewal, which shall be deemed an application for purposes of this chapter, provided that the applicant shall make a verification, separately signed by the applicant, that the facts contained in the application remain true and correct to the signer's personal knowledge, information or belief, and that any false statements therein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities.
In order to be eligible for a license under this chapter an applicant shall:
A. 
Be a proprietor or vendor.
B. 
Be a citizen of the United States. For purposes of this chapter, the citizenship of a partnership shall be the citizenship of its partners, and the citizenship of a corporation shall be its place of incorporation.
C. 
If a natural person, be at least 21 years of age.
D. 
If a natural person, then the applicant, and if a partnership or corporation, then its partners, officers and directors, not have been found guilty of or accepted into accelerated rehabilitative disposition for possessing, installing, using, locating, placing or operating a mechanical device, jukebox, pool table, arcade, bowling alley or pool hall in violation of federal, state or local laws, ordinances or regulations within three years of the date of application.
A license shall be issued to an applicant only upon the occurrence of the following conditions:
A. 
The applicant shall have filed a full and complete application in accordance with § 175-3 of this chapter.
B. 
The applicant shall be eligible for a license in accordance with § 175-6 of this chapter.
C. 
The applicant shall have paid the applicable fee in accordance with § 175-8 of this chapter at the time of application.
D. 
At least 10 business days shall have elapsed from the date of filing of the application, during which time the Borough may, at its discretion, investigate the facts set forth in the application.
A. 
Annual licenses. An applicant may obtain only the following annual licenses and shall pay the following fees to the Borough therefor:
Type of License
Fee
Mechanical device
$500.00 per mechanical device
Jukebox
$50.00 per jukebox
Pool table
$50.00 per pool table
Pool hall
$250.00
Bowling alley
$125.00
Arcade
$10,000.00
B. 
Temporary licenses. An applicant may obtain only the following temporary licenses and shall pay the following fees to the Borough therefor:
Type of License
Fee
Mechanical device
$50.00 per mechanical device
Jukebox
$10.00 per jukebox
Pool table
$10.00 per pool table
The Borough shall issue to each applicant who is eligible under § 175-6 of this chapter and who has met the conditions for issuance under § 175-7 of this chapter and who has paid the fee therefor under § 175-8 of this chapter a license for each mechanical device, jukebox, pool table, arcade, bowling alley or pool hall for which a license is requested.
A. 
The license for any mechanical device or pool table (except for mechanical devices or pool tables in an arcade or pool tables in a pool hall) shall be a disc, plate or sticker with the number of the license, the type and serial number of the mechanical device or pool table, and imprinted or stamped thereon a statement that the mechanical device or pool table is for entertainment or recreational purposes only; the mechanical device or pool table is not an illegal gambling device and only additional games, and not money, may be won on the mechanical device or pool table, and shall be prominently displayed on the mechanical device by attaching it thereto so that it is clearly observable and readable.
B. 
The license for a jukebox (except for jukeboxes in an arcade) shall be a disc, plate or sticker with the number of the license, the type and serial number of the jukebox and shall be prominently displayed on the jukebox by attaching it thereto so that it is clearly observable and readable.
C. 
The license for an arcade, bowling alley or pool hall shall be a certificate with the number of the license, the name and address of the proprietor and imprinted or stamped thereon a statement that gambling is prohibited therein and the mechanical devices or pool tables therein are for entertainment or recreational purposes only; the mechanical devices or pool tables therein are not illegal gambling devices; and that only additional games, and not money, may be won on the mechanical devices or pool tables therein, and shall be prominently displayed in the business establishment so that it is clearly observable and readable.
A. 
Annual licenses. A proprietor or vendor who holds the annual license may transfer the annual license:
(1) 
If it is a license for a mechanical device, jukebox or pool table, to a mechanical device, jukebox or pool table of the same type at the same business establishment upon payment of a transfer fee equal to 10% of the license fee.
(2) 
If it is a license for a mechanical device, jukebox or pool table, to a mechanical device, jukebox or pool table of the same type to another business establishment owned by the same proprietor or vendor upon payment of a transfer fee equal to 10% of the license fee.
(3) 
If it is a license for an arcade, pool hall or bowling alley, to another business establishment owned by the same proprietor or vendor upon payment of a transfer fee equal to 10% of the license fee.
B. 
Temporary licenses. No temporary license shall be transferred.
C. 
No license shall be removed from a licensed mechanical device, jukebox, pool table, arcade, bowling alley or pool hall, and no licensed mechanical device, jukebox or pool table shall be removed from the business establishment at which the application states it shall be possessed, installed, used, located, placed or operated unless the license is transferred in accordance with this section, the license is surrendered to the Borough, or the removal is temporary for purposes of repair, and the Borough has been given prior notice of the removal.
The Borough or its officers, agents or employees may, during regular business hours, conduct inspections of any business establishment where any mechanical device, jukebox, pool table, arcade, bowling alley or pool hall subject to licensing under this chapter is possessed, installed, used, located, placed or operated to ensure compliance with this chapter. Nothing herein shall be deemed to limit the ability of the Borough or its officers, agents or employees to enter, inspect or search with probable cause and/or a warrant in accordance with law.
A. 
In the event any applicant falsifies any information on an application for license under this chapter, the Borough shall immediately revoke all licenses issued under this chapter to such applicant, and the applicant shall not be eligible for a license thereafter.
B. 
In the event a proprietor or vendor is convicted of possessing, installing, using, locating, placing or operating a mechanical device, jukebox, pool table, arcade, bowling alley or pool hall in violation of any state, local or federal law, ordinance or regulation, the Borough shall revoke all licenses issued to such proprietor or vendor, and the proprietor or vendor shall not be eligible for a license for a period of three years thereafter.
C. 
Any mechanical device, jukebox or pool table which is possessed, installed, used, located or placed in violation of federal or state laws, or this chapter, may be deemed contraband and forfeited in accordance with the provisions of 18 Pa.C.S. § 6501(d).
Because the Borough intends to foster compliance with the laws of the Commonwealth of Pennsylvania and the United States, and this chapter, regarding illegal possession and/or use of gambling devices, no Borough employee or agent may promise, suggest or insinuate, either expressly or by implication, that the applicant, proprietor or vendor who illegally uses or possesses any gambling device, illegal gambling device, mechanical device or pool table used or intended to be used for gambling purposes, shall not be prosecuted, and no person may rely upon any such promise, suggestion, insinuation, expression or implication.
No license fee shall be required for any mechanical device, jukebox or pool table which is operated by volunteer fire companies, volunteer ambulance organizations or organizations which have qualified under Section 501(c)(3) of the Internal Revenue Code for exemption from federal income tax; and the proceeds of which are devoted exclusively to volunteer fire company activities, volunteer ambulance organization activities or to the following purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code: religious, charitable, educational, scientific, literary, testing for public safety, fostering national or international amateur sports competition or the prevention of cruelty to children or animals.
Any person, partnership, corporation or other entity violating any of the provisions of this chapter shall be guilty of a summary offense, and upon conviction thereof by the issuing authority for the Magisterial District which encompasses the Borough, shall be sentenced to pay a fine of $300 and costs of prosecution, and in default of payment thereof, may be committed by the issuing authority to the Allegheny County jail in conformity with the Pennsylvania Rules of Criminal Procedure for a period not to exceed 10 days. Each and every day that any violation of this chapter continues shall constitute a separate and distinct offense under this chapter and shall be subject to separate and distinct remedies under this chapter.
A. 
Applications shall be filed with, and determinations shall be made thereon by, the Borough Manager.
B. 
Licenses shall be revoked by the Borough Manager. The Borough Manager shall give a licensee notice 10 calendar days prior to revoking a license, stating the reason or reasons for the revocation. The licensee shall respond to the notice, in writing, within 10 calendar days of service of the notice upon the licensee, stating the licensee's reason or reasons why the license should not be revoked, and attaching thereto any evidence the licensee believes is relevant to the determination. If the licensee does not respond within the 10 calendar days, or the Borough Manager does not find the licensee's reason or reasons to be sufficient, the Borough Manager shall issue an order revoking the license and directing the licensee to return the licenses of all mechanical devices, jukeboxes, pool tables, arcades, bowling alleys or pool halls the licenses of which have been revoked from the Borough of Homestead; to remove all mechanical devices, jukeboxes, pool tables, and to cease operating all arcades, bowling alleys or pool halls the licenses of which have been revoked from the Borough of Homestead; and upon failure of the licensee to comply with the order, directing the Chief of Police or Code Enforcement Officer to seal all mechanical devices, jukeboxes and pool tables the licenses for which have been revoked to prevent the insertion therein of any coin, currency, metal disc, slug or token, or to close all arcades, bowling alleys or pool halls the licenses for which have been revoked. The Borough Manager shall serve the decision upon the applicant or licensee at the address set forth on its application by United States mail, postage prepaid.
C. 
An applicant or licensee aggrieved by the decision of the Borough Manager shall have the right to appeal to the Borough Council, or a member of Borough Council or other person appointed by Borough to hear such appeals. The appeal shall be in writing and shall be filed with the Borough Secretary within 10 calendar days of the service of the order. The hearing on the appeal shall take place within 20 days of the Borough Secretary's receipt of the appeal. The order revoking a license, directing the return of a license and removal of a mechanical device, jukebox or pool table from the Borough or the sealing of a mechanical device, jukebox or pool table or the closing of an arcade, bowling alley or pool hall shall not be enforced until the appeal period has run and no appeal has been filed, or until the appeal is decided by the Borough Council, or a member of Borough Council or other person appointed by Borough to hear such appeals.
D. 
This chapter shall be enforced, and inspections of business establishments and mechanical devices performed, by any police officer of the Borough of Homestead as well as the Code Enforcement Officer, each of whom shall have the authority to issue citations for violations of this chapter.
This chapter is enacted under the authority of the Local Tax Enabling Act, Act of December 31, 1965, P.L. 1257, No. 511.[1]
[1]
Editor's Note: See 53 P.S. § 6901 et seq.