[HISTORY: Adopted by the City Council of the City of Harrisburg by Ord. No. 34-1982. Amendments noted where applicable.]
CROSS-REFERENCES
Amusement tax: see Ch. 5-709.
Gaming tables or devices: see § 5-305.7.
Power to license generally: see Third Class City Code § 2601 (53 P.S. § 37601).
Power to tax: see Local Tax Enabling Act, Act of Dec. 31, 1965, P.L. 1257, as amended (53 P.S. § 6924.101 et seq.).
The following words and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
DISTRIBUTOR
Any person who shall, either as owner or agent, sell, lease, lend, deliver, or furnish to, or place or cause to be placed in the possession of, any operator within the City any mechanical device, machine or apparatus whatsoever, other than a jukebox, which, upon the insertion of a coin, slug, token, plate, or disc, may be operated for use as a game, entertainment or amusement, whether or not registering a score and whether or not a prize is offered.
MACHINE or MECHANICAL DEVICE
A mechanical amusement device.
MECHANICAL AMUSEMENT DEVICE
Any manual, electrical or electronic device, machine or apparatus whatsoever, other than a jukebox, which, upon the insertion of any money, metal or paper in nature, slug, token, or other monetary substitute, may be operated for use as a game of entertainment, amusement, chance, or challenge, whether or not a score is registered or a prize is offered.
OPERATOR
Any person who at any time keeps, operates, has in his or her possession, or offers to the public in any business establishment or in any public place within the City any such mechanical device, machine or apparatus.
No person shall act as an operator or distributor of any mechanical amusement device without first having obtained a license therefor, as provided in this chapter.
Any person desiring to obtain a license as an operator shall apply therefor in writing to the Tax Enforcement Administrator. The application shall set forth the name and the address of the applicant, present occupation of the applicant, the place of business of the applicant, the length of residence at such business address, the name of the owner of the premises upon which the aforesaid machines are to be installed, and, if the owner of the premises is not the applicant, the length of time for which the premises have been leased. The application shall also set forth the name of the distributor from whom each such machine is to be or has been secured.
Any person desiring to obtain a license as a distributor, as provided in § 5-711.2, shall apply therefor in writing to the Tax Enforcement Administrator. The application shall set forth the name, residence address and place of business of the applicant.
No license shall be granted by the Tax Enforcement Administrator until a period of seven days has elapsed from the date of the application, during which time the Administrator may, at his or her discretion, investigate the facts set forth in the application.
Nothing in this chapter shall in any way be construed to authorize, license or permit any gambling devices 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 in the future to any laws of the Commonwealth of Pennsylvania.
Operators shall not permit children of school age during school hours to play or insert coins into such mechanical devices.
No operator's license for any year or portion thereof shall be issued until the general license tax fee imposed by § 5-305.7 and an annual license fee of $10 has been paid to the City Treasurer. Should any machine be installed after January 1 of a particular year, the operator of said machine, within 15 days, shall report the same to the Tax Enforcement Administrator, shall pay the general license tax fee therefor and shall pay a ten-dollar fee for the issuance of a new license.
No distributor's license shall be issued to a distributor until an annual fee therefor in the amount of $350 has been paid to the City Treasurer, which license when so issued shall be valid until December 31 of each year and shall be in lieu of the business privilege/mercantile license.
Upon the payment of the fee for any operator's license, as provided by this chapter, the Tax Enforcement Administrator shall issue a license setting forth the number of machines so licensed, which license must be conspicuously posted in the place of business of the operator. Any license issued under this chapter, either for operator or distributor, shall be nontransferable to any other person.