Borough of Canonsburg, PA
Washington County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Canonsburg 11-1-1988 as Ch. 13, Part 2, of the 1988 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 45.
From and after the passage and enactment of this chapter, no person or persons, firm or corporation shall at any time have in his, her, its or their possession within the Borough of Canonsburg any mechanical or electronic device, machine or apparatus whatsoever for the playing of games, amusement or entertainment which is played through the insertion therein of a coin or any metal disk, slug or token whatsoever without first having procured a license therefor as hereinafter provided in this chapter.
No person or persons, firm or corporation shall at any time have in his, her, its or their possession within the Borough of Canonsburg any jukebox, music box, phonographs or other similar musical device, machine or apparatus which is played through the insertion therein of a coin or any metal disk, slug or token whatsoever without first having procured a license therefor as hereinafter provided in this chapter.
A. 
Any person or persons, firm or corporation using or operating or causing to be used or operated any such aforesaid mechanical or electronic device, machine or apparatus, jukebox, music box, phonographs or other similar musical device, machine or apparatus shall first make application for a license or licenses to the Borough Manager on forms provided by the Borough. The application shall set forth the following:
(1) 
The name or names and the residence or residences of the person or persons, firm or corporation so applying, together with the present and previous occupation of the applicant or applicants, and the length of residence at the present and previous place of residence;
(2) 
The name or names of the owner or owners of the premises upon which the aforesaid devices, machines or apparatus are installed or are to be installed, used, played or operated;
(3) 
If the owner or owners of the involved premises is or are not the applicant, then the applicant shall set forth the length of time for which the premises have been leased;
(4) 
Whether the applicant is a citizen of the United States of America.
(5) 
The number, kind, name and manufacturer's number of the aforesaid devices, machines or apparatus which are installed or are to be installed, used, played or operated on the premises.
B. 
The applicant shall furnish any other information which may be required in said application. The information required in this section shall be furnished over the signature of the applicant or applicants and shall be made under oath or affirmation.
Said application shall be referred to the Borough Police Department for investigation of the facts set forth in said application and approval or disapproval, and after approval thereof is noted on the application it shall be returned to the Borough Manager for the issuance of a license for each separate device, machine or apparatus for the current license period. Said investigation shall be completed within a period of 10 days from the date of delivery of said application by the Borough Manager to the Borough Police Department.
[Amended 12-18-1995 by Ord. No. 1200]
A. 
No license shall be issued until an annual fee therefor, as set from time to time by resolution of the Borough Council, shall have been paid to the Borough of Canonsburg for each and every mechanical or electronic device, machine or apparatus whatsoever and for each and every jukebox, music box, phonograph or other similar musical device, machine or apparatus so installed, used, played or operated in the Borough of Canonsburg, which amount paid as aforesaid shall be a license fee until December 31 of each year. However, should any such aforesaid device be installed after July 1 of any year and application therefor be made after said date, then in such event the license fee for that particular part of the year shall be an amount as set forth from time to time by resolution of the Borough Council for each such mechanical or electronic device, machine or apparatus whatsoever and for each such jukebox, music box, phonographs or other similar musical device, machine or apparatus so installed, used, played or operated in the Borough of Canonsburg to December 31 of that year.
[Amended 12-16-1997 by Ord. No. 1216]
B. 
The Borough Council may set new rules and regulations and set new fees for all machines covered by this chapter, which rules and regulations shall be adopted and shall be effective after 10 days of posting on the Borough office bulletin board.[1]
[1]
Editor's Note: The rules and regulations, as amended and enacted from time to time, are on file in the Borough offices.
C. 
Said rules and regulations may be changed each year at the time of adoption of the Borough budget and passage of the tax ordinance for the subsequent years. The fees provided for herein may also be changed from year to year by the same method.
The license year shall be from January 1 through December 31 of each year, and the license fee shall be paid annually on the basis as hereinabove stated.
Upon payment of the requisite license fee, as provided within this chapter, the Borough Manager shall issue to the applicant a receipt, certificate or tag setting forth the number of the license for each device, machine or apparatus so licensed, together with the name and manufacturer's number and the proper identification marks of the device, machine or apparatus, so that each device, machine or apparatus may be properly identified by its license number. The licensee shall attach said receipt, certificate or tag to the respective device, machine or apparatus or display the same in some conspicuous place on the premises.
Licenses granted under this chapter shall not be transferable.
Licenses shall be issued only to the owner or owners or the lessee or lessees of the premises in which the mechanical or electronic device, machine or any apparatus whatsoever or jukebox, music box, phonograph or other similar musical device, machine or apparatus is installed, used, played or operated.
It shall be the duty of the Police Department to regulate and supervise the operation of all of the aforesaid devices, machines or apparatus and to inspect the premises where the same are being used and to require full compliance with the law and this chapter so that the same shall not amount to a nuisance or be used in violation of any law.
Licenses may be suspended or revoked at any time by action of the Borough Council in the event that any such devices, machines or apparatus are so used or operated so as to constitute a nuisance or are in violation of the laws of the Commonwealth of Pennsylvania or ordinances of the Borough of Canonsburg. In case of suspension or revocation of such license, no unearned portion of said license fee shall be returned to the licensee.
Nothing in this chapter shall in any way be construed to authorize, license or permit any gambling devices, machines, apparatus 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 laws of the Commonwealth of Pennsylvania.
A. 
Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not less than $100 and not more than $300 and/or to imprisonment for a term not to exceed 90 days. Every day that a violation of this chapter continues shall constitute a separate offense.
B. 
In addition to the penalties hereinbefore provided, the Borough of Canonsburg shall have the right to confiscate, remove and/or carry away for storage or otherwise, as hereinafter provided, any device, machine or other apparatus found in the possession of any person or persons, firm or corporation which, by the terms of this chapter, requires a license but, in fact, for which no license has been obtained, which machines shall be designated for the purpose of this subsection of this chapter as "unlicensed machines." The procedure to be followed by the Borough of Canonsburg in confiscating, removing and/or carrying away said unlicensed machines shall be as follows. Upon the discovery of an unlicensed machine, the Borough Manager shall give the person or persons, firm or corporation in whose possession it is found a written notice, directing such person or persons, firm or corporation to, within five days from receipt of the notice, obtain a license or remove the unlicensed machine from the Borough of Canonsburg. Service of the notice shall be made by personal service on the person or persons, firm or corporation or any person in charge of the area in which the unlicensed machine is discovered. If a license is not obtained for the unlicensed machine or same is not removed from the Borough within said five-day period, then and in such an event the Borough of Canonsburg shall confiscate, remove and/or carry away to storage said unlicensed machines. Thereafter, prior to the person or persons, firm or corporation being entitled to repossession of the unlicensed machine, he, she, they or it shall cause to be paid to the Borough Manager of the Borough of Canonsburg the license fee for the unlicensed machine, a reasonable charge to cover the cost of removal and storage of said unlicensed machine and any fine or fines assessed or levied against said person or persons, firm or corporation pursuant to the terms of this chapter which are due and owing the Borough of Canonsburg, provided that no appeal has been taken to a proper court from the action of the District Justice imposing said fine or fines. After the passage of 90 days from the date that the Borough of Canonsburg has taken possession of the unlicensed machine, the Borough of Canonsburg shall have the right to destroy or otherwise dispose of the unlicensed machine unless said machine has been repossessed in keeping with the requirements of this subsection.