[HISTORY: Adopted by the Borough Council of the Borough of
Ambridge 3-28-2000 by Ord. No. 1149. Amendments noted where applicable.]
This chapter shall be known as the "Ambridge Borough Amusement
License Fee Ordinance."
In the construction of this chapter, the rules and definitions
contained in this section shall be observed and applied, except when
the context clearly indicates otherwise:
A.
Words used in the singular shall include the plural, and the plural
the singular.
B.
Words used in the past or present tense shall include the future
tense.
C.
Words used in the masculine gender shall include the feminine and
neuter.
D.
The word "shall" is always mandatory and is not discretionary.
E.
The word "may" is permissive.
F.
The Borough of Ambridge intends to favor the public interest as against
any private interest.
G.
The headings prefixed to sections and other divisions of this chapter
shall not be considered to control but may be used to aid in the construction
thereof.
H.
General words shall be construed to take their meanings and be restricted
by preceding particular words.
Unless the context clearly indicates otherwise, the following
words and phrases used in this chapter or in an application for license
of amusement devices shall have the meaning given to them in this
section:
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.
An individual, partnership or corporation who seeks to obtain
a license for an amusement device under this chapter.
The document filed by an applicant requesting a permit to
possess, in the Borough of Ambridge, 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.
Any restaurant, bar, tavern, retail, manufacturing, wholesale,
institutional, educational, religious, governmental or other nonresidential
establishment, 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, metal 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
or other casino games by the insertion therein 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 playing credits.
Any device, machine or apparatus which plays recorded music,
whether by record, tape, compact disc or other means, by the insertion
therein of any coin, currency, metal disc, slug or token.
Any device or apparatus upon which is played the game of
eight-ball, billiards, pool, snooker or other similar games for which
a fee is charged, whether or not such device is operated through the
insertion of coin, currency, metal disc, slug or token.
An individual, partnership or corporation that owns, leases
or maintains the business establishment in which any jukebox, pool
table or video or mechanical amusement device is placed for the use,
patronage, recreation or amusement of the public or of persons in
or about the business establishment.
Any individual, partnership or corporation that is the lawful
owner of any jukebox, pool table or video or mechanical amusement
device for which a license is sought under this chapter, or any individual,
partnership or corporation that makes, assembles, sets up, maintains,
sells, lends, leases, gives away or offers for sale, loan, lease or
gift any jukebox, pool table or video or mechanical amusement device
for which a license is sought under this chapter.
Any device, machine or apparatus used for the playing of
games or otherwise used for the purpose of amusement or entertainment
by the insertion of any coin, currency, metal disc, slug or token,
including, but not limited to, claw machines, electric or electronic
dart boards, gambling devices, pinball machines and video games.
No person, firm, partnership, corporation or other entity shall
at any time have in his possession within the Borough of Ambridge
any video or mechanical amusement device, jukebox or pool table for
the playing of games and amusement without first having procured a
license therefor as hereinafter provided in this chapter.
Any person, firm, partnership, corporation or other entity desiring to procure a license as required in § 76-4 of this chapter shall apply therefor, in writing, to the Borough Manager. Said application shall set forth the following information:
A.
The name and residence of the vendor of each jukebox, pool table
or mechanical amusement device to be licensed.
B.
The name and residence of the proprietor of the business establishment
in which each jukebox, pool table or video or mechanical amusement
device is to be located, used or installed.
C.
If vendor and/or proprietor are citizens of the United States.
D.
The manufacturer, name of machine, serial number, type and fee for
each machine, video or mechanical device, pool table, jukebox or apparatus
to be located on the premises, installed or used.
E.
A verification by the vendor and proprietor that the facts set forth
in the application are true and correct to the vendor's and proprietor's
personal 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.
F.
That the vendor and proprietor have been provided a copy of this
chapter and that he/they have read and agree to be bound by all terms
and provisions hereof.
G.
That a license does not sanction or condone the use or possession
of any illegal gambling device, whether illegal per se or as modified.
H.
That the illegal use or possession of an unlawful gambling device,
either per se or as modified, may result in a criminal prosecution
by law enforcement officials.
The Borough Manager shall not issue a license for any video
or mechanical amusement device to any person who:
No license shall be granted until a period of 10 days shall
have elapsed from the date of application, during which time the Borough
Manager may, at his or her discretion, investigate the facts set forth
in the application.
A.
The Borough Manager shall refuse to issue a license for any device
that the applicant has not affirmed is not designed or intended to
be used for gambling purposes.
B.
A license shall not be issued unless the applicant acknowledges:
(1)
That obtaining or displaying an amusement device license does not
sanction or permit the use of any device for gambling purposes or
possession of an illegal gambling device, either per se or as modified.
(2)
That if the applicant or licensee illegally uses or possesses an
unlawful gambling device, either per se or as modified, he may be
prosecuted by local, county, state or other law enforcement officials.
Nothing in this chapter shall be construed to authorize, license
or permit any gambling devices whatsoever or any mechanism that has
been judicially determined to be a gambling device, either per se
or as modified or in any way contrary to law or that may be contrary
to any future laws of the Commonwealth of Pennsylvania or the United
States of America.
A.
No license shall be issued until an annual fee shall have been paid
by the applicant to the Borough of Ambridge, in an amount to be established
from time to time by resolution of Borough Council, for each and every
jukebox, pool table and video or mechanical amusement device to be
installed or used.
B.
The annual fee paid shall be a license fee from January 1 until December
31 of each year. The license described herein is required from the
date the device is present on any premises. Payment of the fee must
be made in full on or before March 1 of every year, or if the device
is placed after March 1, then payment in full is due on the date of
placement. There shall be no refunds of license fees for any reason.
In the event that a device malfunctions or otherwise must be temporarily
removed from the premises for repair and a substitute device is placed
on the premises, then the Borough shall issue a temporary license
for a substitute device, and the temporary license issued therefor
shall be removed after 30 days unless an annual license is issued
for said substitute device. The fee for a temporary license shall
be in an amount to be established, from time to time by resolution
of Borough Council, which fee must be paid at the time of issuance.
Upon the payment of the license fee provided by this chapter,
and if the application fully complies with this chapter, the Borough
Manager shall issue a disc, plate or sticker setting forth the number
of the license for each machine so licensed, and said disc, plate
or sticker shall be attached and fastened to the respective machine
or device so that the same may be clearly observable and readable.
Discs, plates or stickers issued for a particular machine or device
are not transferable to another machine or device. All discs, plates
or stickers issued by the Borough for video and mechanical amusement
devices shall state that the video or mechanical amusement device
is for amusement purposes only, that it is not a gambling device,
and that only games and not money may be won on the machine or device.
The Borough or its agents may, during regular business hours,
conduct inspections of any business establishment where any video
or mechanical amusement device, jukebox or pool table licensed under
this chapter is located, installed, placed or used to ensure compliance
with this chapter.
A.
In the event any applicant, vendor or proprietor falsifies any information
on an application for license of amusement devices or violates this
chapter, the Borough shall immediately revoke all licenses issued
under this chapter to such applicant, vendor or proprietor.
B.
Moreover, in the event a vendor of a video or mechanical amusement
device or a proprietor of a business establishment is convicted of
possessing or using a video or mechanical amusement device in violation
of the Crimes Code of the Commonwealth of Pennsylvania, the Borough
shall revoke each license issued to such person as an applicant, vendor
or proprietor.
C.
Any video or mechanical amusement device used or possessed in violation
of the Crimes Code of the Commonwealth of Pennsylvania or this chapter
may be deemed contraband and forfeited in accordance with the provisions
of applicable law.
Because the Borough 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, no Borough employee
or agent may promise, suggest or insinuate, either expressly or by
implication, that the applicant, licensee, proprietor or vendor who
illegally uses or possesses any device used or intended to be used
for gambling purposes shall not be prosecuted.
A.
For each and every violation of the provisions of this chapter, any
person, firm or corporation who shall violate any provision of this
chapter, upon conviction thereof in an action brought before a Magisterial
District Judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not less $50 nor more than $1,000 plus
costs and, in default of payment of said fine and costs, to a term
of imprisonment not to exceed 90 days. Each day that any machine or
device is used and operated in violation hereof shall constitute a
separate and distinct offense under this chapter and shall be subject
to separate and distinct penalties hereunder.
B.
In addition, any amusement device that is located in any business
establishment without a license may be immediately confiscated by
law enforcement officers.
