[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.]
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 who violates or permits a violation of this chapter shall,
upon conviction in a summary proceeding under the Pennsylvania Rules
of Criminal Procedure, be guilty of a summary offense and shall be
punishable by a fine of not less than $100 nor more than $1,000, plus
court costs and reasonable attorneys' fees incurred by the Borough
in the enforcement proceedings. Upon judgment against any person by
summary conviction, or by proceedings by summons on default of the
payment of the fine or penalty imposed and the costs, the defendant
may be sentenced and committed to the Borough correctional facility
for a period not exceeding 10 days or to the county correctional facility
for a period not exceeding 30 days. Each day that such violation exists
shall constitute a separate offense, and each section of this chapter
that is violated shall also constitute a separate offense. In addition
to or in lieu of enforcement under this subsection, the Borough may
enforce this chapter in equity in the Court of Common Pleas of Washington
County.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 Magisterial
District Judge 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.
