[Ord. 619, 6/28/1940, § 1]
This Part is an exercise of the police powers of the Township
of Harrison for the protection of the public welfare, peace, safety
and morals of the people of said Township, and all of the provisions
hereof shall be liberally construed for the accomplishment of these
purposes.
[Ord. 619, 6/28/1940, § 2; as amended by Ord. 1879,
3/29/1999, § 1]
For the purposes of this Part, the following terms shall have
the following meanings respectively designated for each:
Any video or mechanical amusement device, jukebox or pool
table and/or other electronic device, machine or apparatus whatsoever,
for the playing of games and amusement including, but not limited
to, a "pinball machine," "bowling machine," "video game" and "dart
machine."
A formal verified written request, under oath or affirmation
or supported by a verified statement of facts for a license for the
privilege as herein authorized by law.
Any restaurant, bar, tavern, retail, manufacturing, wholesale,
institutional, educational, religious, governmental or other nonresidential,
store or business, whether or not in operation.
Any device, machine or apparatus used for the playing of
poker, blackjack, keno, bingo or other casino games by the insertion
therein of any coin, currency, medal disc, slug or token.
Any device, machine or apparatus designed and/or specifically
equipped to be used for the playing of poker, blackjack, keno, bingo,
slot or other casino gambling games by the insertion therein of any
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 paying
credits.
Natural persons, firms, unincorporated associations, partnerships,
and corporations of all classifications and for whatever purpose organized
or incorporated.
Any device, machine or apparatus used for the playing of
games or otherwise used for the purpose of amusement or entertainment
by the insertion therein of any coin, currency, metal disc, slug or
token.
[Ord. 619, 6/28/1940, § 3; as amended Ord. 1879,
3/29/1999, § 2]
On and after the date of adoption of this Part it shall be unlawful
for any person to have, on the premises of any business establishment,
in his possession within the Township of Harrison any pinball machine,
amusement device, jukebox or pool table for the playing of games and
amusement without first having procured a license therefore is hereinafter
provided in this Part.
[Ord. 619, 6/28/1940, § 4; as amended by Ord. 1879,
3/29/1999, §§ 2,3]
Every applicant for a license under the provisions of this Part
shall file with the Secretary of the Township, Municipal Building,
Chestnut Street, Natrona, Pennsylvania, a written application in such
form and containing such information as the Board of Commissioners
of said Township shall from time to time require. Every such application
shall be accompanied by a filing fee in such amount as may be set,
from time to time, by the Board of Commissioners by resolution, and
the prescribed license fee as hereinafter specified, and shall set
forth:
1.
The legal names of the applicant and of the owner of the premises
where said machines as defined in § 103 hereof are to be
installed and used, their resident addresses by street and number,
if a partnership or firm, of each separate partner or member of said
firm, if a corporation, of each individual officer thereof.
2.
The name, residence and occupation of the real owner of said machine.
3.
That no applicant has been convicted of a violation of this Part
or of any law or regulation of the United States of America or of
the Commonwealth of Pennsylvania, pertaining to gambling or wagering
or of any felony whatsoever.
4.
That each and every applicant is a citizen of the United States of
America.
5.
The name of the manufacturer of each machine, device or apparatus,
the serial number thereof, and a description of the particular type
of game which may be played upon said machine, and such other additional
description which may aid in the identification of said machine.
6.
The date of installation of the machine, device or apparatus.
7.
A verification by the licensee that the facts set forth in the license
application are true and correct to the licensee's knowledge,
information or belief and that any false statements therein are made
subject to the penalties of the Crimes Code, 18 Pa.C.S.A. § 4904,
relating to unsworn falsification to authorities.
8.
A statement that the licensee has been provided a copy of this Part,
has read and agrees to be bound by all of the provisions hereof.
9.
A statement that the issuance of license by the Township does not
sanction, condone or permit the use of any device for gambling purposes
or possession of illegal gambling devices.
10.
A statement that obtaining or displaying any such tax certificate
does not sanction or permit the use of any device for gambling purposes
or possession of an illegal gambling device either per use or as modified.
11.
A statement that is any person illegally uses or possesses a gambling
device or illegal gambling device, he may be prosecuted by law enforcement
officials.
12.
A statement that because the Township intends to foster compliance
with the laws of the Commonwealth of Pennsylvania and the United States
regarding illegal possession and/or use of gambling devices, the licensee
understands that no Township employee or agent may promise, suggest
or insinuate that the lease or possession of any illegal gambling
device is permissible or shall not be prosecuted and that no such
promise, suggestion or insinuation has been made by any Township employee
or agent to anyone with respect to the amusement devices for which
a license is hereby sought.
[Ord. 619, 6/28/1940, § 5]
No license shall be granted until a period of seven days shall
have elapsed from the date of the filing of said application as herein
provided, and no license shall be issued hereunder to any person unless
he or she is a citizen of the United States of America.
[Ord. 619, 6/28/1940, § 6; as amended by Ord. 1879,
3/29/1999, § 4]
If the information required herein is submitted and all conditions
herein are satisfied, a license will be granted as herein provided.
Should said application for a license be denied, the license fee deposited
with the application shall be returned to the said applicant and said
applicant shall be provided with a written statement of the reasons
for denial. The written statement of reasons for denial shall inform
the applicant that he may appeal the license denial under the Local
Agency Law by filing a written appeal with the Township Secretary
no later than 10 days after the date of the notice of the denial of
the license. Licenses may be revoked at any time by the Township Chief
of Police or other Township officer or agent who acts upon license
applications whenever it may appear that the licensee has submitted
false information on an application for a license or otherwise violates
this Part. In the case of revocation of license, no portion of the
license fee shall be refunded. Any person aggrieved by the revocation
of a license may appeal under the Local Agency Law by filing a written
appeal with the Township Secretary no later than 10 days after the
date of the notice of revocation.
[Ord. 619, 6/28/1940, § 7; as amended by Ord. 1879,
3/29/1999, § 5]
All machines, apparatus and devices as herein described for
which an application for license has been filed, and all such machines,
apparatus and devices licensed under the provisions of this Part shall
at all times be accessible and available for examination and inspection
by the proper officers of said Township, and if it be determined by
the Chief of Police of said Township after investigation and report
thereon that any such machine, apparatus or device is not in working
order or that the same is being operated or used in violation of law,
the license issued therefor may be suspended or revoked.
[Ord. 619, 6/28/1940, § 8; as amended by Ord. 1879,
3/29/1999, § 6]
Nothing in this Part shall be construed to authorize, license
or permit the use or possession of any gambling device in any way
contrary to law.
[Ord. 619, 6/28/1940, § 9; as amended by Ord. 627,
1/24/1941; by Ord. 664, 2/8/1943; by Ord. 682, 12/19/1945; by Ord.
704, 4/11/1947; by Ord. 1722, 12/21/1981; and by Ord. 1879, 3/29/1999,
§ 7]
No license shall be issued until an annual fee therefore shall
have been paid to the Secretary of the Township in the sum as fixed
by resolution of the Board of Commissioners for each and every machine
or device so installed and available for use under the terms of this
Part, which amount paid as aforesaid shall be a license fee until
December 31 of each year. However, should any such machine or device
be installed after July 1, of any year, and the application therefor
be made on or after said date, then in such event the license fee
for that particular year shall be as fixed by resolution of the Board
of Commissioners to December 31.
[Ord. 619, 6/28/1940, § 10]
Upon payment of the license fee provided for by this Part and
the approval of the application for said license by the Board of Commissioners
of said Township, the Secretary of the Township shall issue a suitable
disc or plate setting forth the number of the license for each machine
or device so licensed, which disc or plate shall be attached and fastened
to the respective machine or device so that said license disc or plate
may be clearly observable and readable.
[Ord. 619, 6/28/1940, § 11; as amended by Ord.
1782, 2/16/1987; and by Ord. 1879, 3/29/1999, § 8]
Any person, firm or corporation who shall violate any provision
of this Part 1 shall, upon conviction thereof, be sentenced to pay
a fine of not more than $600 and/or to imprisonment for a term not
to exceed 90 days. Every day that a violation of this Part 1 continues
shall constitute a separate offense.
