[HISTORY: Adopted by the City Council of the City of DuBois as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-28-1919 by Ord. No. 269; amended in its entirety 7-24-1995 by Ord. No. 1544 (Ch. 13, Part 5, of the 1995 Code)]
As used in this article, the following terms shall have the meanings indicated:
- DANCE HALL
- Any room, place or space in which a public dance, as defined herein, is held.
- Any natural person, partnership, association, firm or corporation.
- PUBLIC DANCE
- Any dance or ball to which admission may be had by payment of a fee or by purchase, possession or presentation of a token or ticket, or in connection with which a charge is made for the care of clothing or other property, or any dance to which the public generally may gain admission with or without the payment of a fee.
In this article, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.
No person shall operate or conduct in the City any billiard room, pool room, bowling alley, shooting gallery, dance hall or theater without first obtaining and holding a current license therefor from the Codes Enforcement Officer. All such licenses shall be issued for a period of one year beginning and ending on January 1 of each year. All schools are exempt from this article.
Every person desiring any license as required by § 118-2 shall make application to the Codes Enforcement Officer therefor, at the same time paying the application fee set by the City Council pursuant to a resolution and, upon issuance of such license, shall pay the appropriate license fee established also pursuant to resolution.
If any person shall begin to engage in any business or activity for which an annual license is hereby required on or after the first day of July in any year, and shall promptly make application for such license, a fee equal to 1/2 of the yearly fee established pursuant to resolution for such class of license shall be charged.
Any business or activity licensed under this article shall be subject to inspection by the appropriate officials of the City.
Any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine not more than $600 and, in default of payment, to undergo imprisonment for a term not to exceed 30 days. Each day that a violation of this article continues shall constitute a separate offense.
[Adopted 6-18-1962 by Ord. No. 971 (Ch. 13, Part 3, of the 1995 Code)]
[Amended 7-24-1995 by Ord. No. 1544]
No person, firm, corporation or association shall, on and after the passage of this article, at any time have in its or their possession in the City of DuBois any mechanical device, machine or apparatus whatsoever for the playing of games and amusement, whether known as pinball machines or otherwise, by means of the insertion therein of a coin or other metal disc, slug, or token whatsoever or the payment of any charge, pool table included where charges are levied, without first having procured a license therefor, as hereinafter provided in this article.
[Amended 3-22-1976 by Ord. No. 1236]
It shall be the sole duty and responsibility for any person, firm, corporation, copartnership or association desiring to procure a license to apply in writing to the City of DuBois by March 15 of each calendar year and pay the required license fees by the same date for any mechanical device for the playing of games and amusement possessed for public use. Such application shall set forth the name of applicant, its or their address, the number and character of the machines or devices to be installed upon the premises of applicant for use thereon. Nothing herein shall prohibit the change or exchange of such machines or devices, so long as the number of machines or devices used in and about the premises shall not exceed the number set forth in the original application and shall not conflict with the provisions of § 118-11 of this article.
The information required in § 118-8 hereof shall be furnished over the signature of the applicant or applicants and shall be made under oath or affirmation.
[Amended 7-24-1995 by Ord. No. 1544]
No license shall be granted until a period of two working days shall have elapsed from the date of application, during which time the Codes Enforcement Officer may, at his discretion, investigate the facts set forth in the application, and no license shall be granted to any person not a citizen of the United States.
Nothing in this article shall be in any way construed to authorize, license or permit any gambling devices whatsoever 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.
[Amended 12-20-1979 by Ord. No. 1299; 7-24-1995 by Ord. No. 1544]
No such license shall be issued until an annual license fee for each such machine, device or apparatus shall have been paid, which said license fee shall be in an amount as established, from time to time, by resolution of the City Council.
The aforesaid license fees should be paid to the City Treasurer and shall expire December 31 of the year in which the same is issued, and said fee shall be paid for each and every machine, device or piece of apparatus in or on the premises of any person or persons whatsoever as set forth above. Provided that any licenses issued after July 1 in any year shall be issued upon payment of 1/2 of the fees above set forth, for each machine, device or apparatus so licensed; and no license shall issue as aforesaid until said sum or sums for each of said licenses shall have been paid.
Upon the payment of the license fee provided by this article, the Codes Enforcement Officer shall issue a license setting forth the number of the license for each machine so licensed, which said license shall be attached and fastened to the respective machine or device so that the same may be clearly observable and readable.
[Amended 3-22-1976 by Ord. No. 1236; 7-24-1995 by Ord. No. 1544]
Any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not less than $50 and not exceeding $600 and costs or, in default of payment thereof, shall be subject to imprisonment for a term not to exceed 30 days. Each day that a violation of this article continues shall constitute a separate offense.