This article is enacted under authority of the Local Tax Enabling
Act, P.L. 1257, No. 511, December 31, 1965, 53 P.S. § 6901
et seq. (1982), as hereafter amended, supplemented, modified or reenacted
by the General Assembly of Pennsylvania.
[Amended 4-11-1991 by Ord. No. 500]
A tax is imposed for general revenue purposes at the rate of
5% of the admission price to each amusement within the Township which
the individual admission price is $0.10 or more and on all revenue
derived from any electronic, electric, or any other device located
within the Township wherein the cost of play is $0.10 or more. The
tax shall not be charged and collected on:
A. Monetary charge paid by any bona fide student in a public school
or college for the privilege of attending amusements conducted or
participated in by such school or college.
B. Admission accompanying or incidental to the serving of food or drink
or the sale of merchandise, where the charge for admission is wholly
included in the price paid for food, refreshment or merchandise, and
the price for food, refreshment or merchandise is not increased during
the time when such entertainment is offered. In the event that the
price of such food, refreshment or merchandise is increased during
times the entertainment is offered, then such increase in the price
as is paid by one purchasing such food, refreshment or merchandise
shall be deemed to be an admission.
C. Admission where the proceeds thereof, after payment of reasonable
expenses, inure exclusively to the benefit of any charitable, religious,
civic or nonprofit educational organization whose status is evidenced
by proof of Internal Revenue Service tax exemption.
After the effective date of this article, any person desiring
to conduct or to continue to conduct any amusement within the Township
shall file with the Tax Collector an application for a permanent amusement
permit or a temporary amusement permit, as the case may be. A permanent
permit shall be issued to an amusement that is to continue for longer
than 30 days. A temporary permit shall be issued to an amusement that
is to continue for less than 30 days.
Permanent permits shall expire on December 31 of the year in
which issued. Temporary permits shall be valid until the last day
the amusement is conducted, but not exceeding 30 days from the date
of issue.
[Amended 11-12-1992 by Ord. No. 516]
A. The Tax Collector is charged with the duties of collecting and receiving
taxes, fines, and penalties imposed by this article. It shall be his
duty to keep a record showing the amount received by him, from who
received, and the date of such receipt.
B. The Tax Collector and his duly appointed agents are hereby empowered
with the approval of the Board of Commissioners of the Township to
prescribe, adopt and promulgate rules and regulations relating to
any matter pertaining to the administration and enforcement of this
article, and charged with enforcing the provisions of this article
and any rules and/or regulations promulgated pursuant hereto.
C. If any person required to secure a permit under this article shall
fail to file a report at the time specified herein or shall file a
report which on its face appears incorrect or insufficient, the Tax
Collector or his duly appointed agents shall assess said person or
persons an amount of tax which said Tax Collector or his agents deem
reasonable and appropriate. In all cases of assessment, the Tax Collector
or his duly appointed agents shall give the parties assessed a notice
in which shall be stated the amount of the tax imposed or levied.
D. Every holder of an amusement permit shall keep and maintain complete
records showing the daily admissions charged or collected, the amount
of tax due and any other information necessary determine the amount
of tax due.
E. Any person aggrieved by any decision of the Tax Collector shall have
the right to appeal to the Court of Common Pleas, as in all other
cases.
F. The Township Tax Collector in office, from time to time, is hereby
authorized to charge taxpayers for certifications requested by such
taxpayers up to the amount of fee charged for the same service by
the Delaware County Tax Claim Bureau. Such fees shall be the property
of the Tax Collectors in office from time to time.
Any information gained by the Tax Collector or any other official,
agent or employee of the Township, as a result of any returns, investigations,
hearings, or verifications required or authorized by this article
shall be confidential, except in accordance with proper judicial order
or as otherwise provided by law.
[Amended 12-8-1988 by Ord. No. 465]
A. Any person,
firm or corporation who shall violate any provision of this article
shall, upon conviction thereof, be sentenced to pay a fine of not
more than $1,000, together with the costs of prosecution, and, in
default of payment of such fine and costs, shall be subject to imprisonment
for a term not to exceed 30 days. Every day that a violation of this
article continues shall constitute a separate offense
B. The Tax Collector or his duly appointed agents shall have the power
in the name of the Township to institute proceedings against any and
all persons who violate the provisions of this article.
C. If for any reason the tax is not paid when due and suit is brought
for the recovery of any such tax, the person liable therefor shall,
in addition, be liable for the costs of collection and interest and
penalties herein imposed.