Borough of West Mifflin, PA
Allegheny County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of West Mifflin as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Amusement tax — See Ch. 260, Art. III.
[Adopted 6-1-1977 by Ord. No. 797 (Ch. 13, Part 4, of the 1999 Code of Ordinances)]
A. 
The following words and phrases, when used in this article, shall have the meanings ascribed to them in this section, unless the context clearly indicates a different meaning:
AMUSEMENT
All manner and forms of entertainment, including, among others, theatrical or operatic performances, concerts, vaudeville, circus, carnival and side shows, all forms of entertainment at fairgrounds and amusement parks, athletic contests, including wrestling matches, boxing and sparring exhibitions, football, baseball and basketball games, skating, golfing, tennis, hockey, bathing, swimming, archery, bowling, shooting, riding, dancing and all other forms of diversion, sports, recreation or pastime, shows, exhibitions, contests, displays and games and all other methods of obtaining admission charges, donations, contributions or monetary charges of any character from the general public or a limited or selected number thereof, directly or indirectly, in return for other than tangible property.
BOROUGH
The area within the corporate limits of the Borough of West Mifflin.
ESTABLISHED PRICE
Regular monetary charge of any character whatsoever, including, but not limited to, donations, contributions, dues and initiation fees, fixed and exacted or in any manner received by producers, as herein defined, from the general public, or a limited or selected number thereof, directly or indirectly, for the privilege of attending or engaging in any entertainment or amusement, provided that:
(1) 
When such entertainment or amusement is conducted in any roof garden, nightclub, cabaret or other place where the charge for admission, wholly or in part, is included in the price paid for refreshments, service or merchandise, the amount paid for admission to such amusement shall be deemed to be 50% of the amount paid for refreshment, service and merchandise.
(2) 
When such amusement is conducted at a social club or fraternal organization which also furnishes entertainment for which a separate charge is made, the established price shall be deemed to be 50% of the gross receipts.
(3) 
Where admission is obtained to any amusement solely or partly by a contribution or donation and there is no fixed price for such amusement and not less than 75% of the proceeds of the amusement inure exclusively to the benefit of a charitable organization, the established price for such amusement for purposes of tax shall be 25% of the total donation, contribution and other monetary charge. Where a fixed price has been established for the general public for a particular amusement which is sponsored by a charitable organization, such fixed price shall be the established price for the purposes of the tax, without regard to the foregoing seventy-five-percent requirement.
FISCAL YEAR
The year beginning July 1, 1976, and ending at 12:00 midnight on June 30, 1977, and from there on shall mean the twelve-month period from July 1 through June 30.
LICENSE YEAR
The fiscal year beginning July 1, 1976, and ending at 12:00 midnight on June 30, 1977, and from there on shall mean the twelve-month period from July 1 through June 30.
PERSON
Any individual, partnership, limited partnership, association, corporation, trust, or estate. Whenever used in any section prescribing and imposing a penalty, the term "person," as applied to associations or partnerships, shall mean the members or partners thereof, and, as applied to corporations, the officers thereof. The term "person" shall not include nonprofit corporations or associations organized for religious, charitable or educational purposes or any political subdivision or governmental agency.
PLACE OF AMUSEMENT
Any place, indoors or outdoors, within the corporate limits of the Borough of West Mifflin, where the general public or a limited or selected number thereof may, upon payment of an established price, attend or engage in any amusement as heretofore defined, including, among others, theaters, opera houses, amusement parks, stadia, arenas, baseball or football parks or fields, skating rinks, circus or carnival tents or grounds, fairgrounds, bowling alleys, billiard or pool rooms, shuffleboard rooms, nine- or ten-pin alleys, riding academies, social, sporting, athletic, riding, gun and country clubs, golf courses, bathing and swimming places, dance halls, tennis courts, archery, rifle, pistol or shotgun ranges, arcades, roof gardens, cabarets, nightclubs, and other like places.
PRODUCER
Any person, as herein defined, conducting any place of amusement, as herein defined, where the general public, or a limited or selected number thereof, may, upon the payment of an established price, attend or engage in any amusement.
SECRETARY
The Secretary of the Borough of West Mifflin.
TEMPORARY, SEASONAL OR ITINERANT BUSINESS
Any business that is conducted for a limited period of time.
B. 
The singular shall include the plural, and the masculine shall include the feminine and neuter.
For the license year beginning on July 1, 1976, and ending at 12:00 midnight on June 30, 1977, and continuing thereafter for the license year beginning July 1, 1977, and ending at 12:00 midnight on June 30, 1978, and thereafter continuing year to year on a license-year basis, an amusement permit fee is hereby imposed by the Borough of West Mifflin on every producer conducting any place of amusement, including every form of entertainment, diversion, sport, recreation and pastime, in the manner and at the rate hereinafter set forth.
A. 
On and after the effective date of this article, it shall be unlawful for any producer to continue to conduct, or thereafter to begin to conduct, any form of amusement at any permanent or temporary place of amusement or any itinerant form of amusement within the Borough of West Mifflin, unless an amusement permit or permits shall have been issued to him.
B. 
Every producer desiring to continue to conduct or hereafter to begin to conduct any amusement within the Borough of West Mifflin shall file an application with the Secretary of the Borough of West Mifflin for a permanent, temporary or itinerant amusement permit or permits, as the case may be, if said producer has more than one place of amusement, which shall be required in addition to any mercantile license required under any other ordinance of the Borough of West Mifflin. Every application for such permit or permits shall be made upon a form prescribed, prepared and furnished by the Borough Secretary and shall set forth the name under which the applicant conducts or intends to conduct a permanent or temporary place or an itinerant form of amusement, the location of the permanent or temporary place of amusement, whether or not the applicant is the holder of a mercantile license in effect when the application is made, and, if so, the number of such license and such other information as the Borough Secretary may require. If the applicant has or intends to have more than one place of amusement within the Borough of West Mifflin, the application shall state the location of each place of amusement and, in the case of an itinerant form of amusement, the date and length of time such amusement is to be conducted at each place. In the case of an application for a permit for a temporary place of amusement, the application shall state the name and address of the owner, lessee or custodian of the premises upon which such amusement is to be conducted. If the applicant is an association or a corporation, the names and addresses of the principal officers thereof and any other information prescribed by the Borough Secretary for purposes of identification shall be stated. The application shall be signed and verified by oath or affirmation by the producer if a natural person, and, in the case of an association, by a member or partner thereof, and, in the case of a corporation, by the executive officer thereof or some person specifically authorized by the corporation to sign the application, to which shall be attached the written evidence of his authority. Upon approval of the application and payment of the prescribed fees as hereinafter set forth, the Secretary of the Borough of West Mifflin shall grant and issue to each applicant an amusement permit for each place of amusement within the Borough of West Mifflin set forth in the application. Amusement permits shall not be assignable and shall be valid only for the persons in whose names issued and for the conduct of amusement at the places designated therein and for the permit year contained thereon and shall at all times be conspicuously displayed at the place for which issued. The producer of an itinerant form of amusement shall notify the Secretary of the Borough of West Mifflin promptly of any change in the original contemplated itinerary, either as to date or time of the conduct of the amusement at each place.
C. 
The Secretary of the Borough of West Mifflin may suspend or, after hearing, revoke the amusement permit whenever she finds that the holder thereof has failed to comply with any of the provisions of this article. Upon suspending or revoking any amusement permit, the Secretary of the Borough of West Mifflin shall request the holder thereof to surrender to her immediately all permits or duplicates thereof issued to him, and the holder shall surrender promptly all such permits to the Secretary of the Borough of West Mifflin as requested. Whenever the Secretary of the Borough of West Mifflin suspends an amusement permit, he shall notify the holder immediately and afford him a hearing if desired and if a hearing has not already been afforded. After such hearing, the Secretary of the Borough of West Mifflin shall either rescind her order of suspension or, good cause appearing therefor, shall continue the suspension or revoke the permit.
D. 
Any person aggrieved by a final decision of the Secretary of the Borough of West Mifflin in revoking a permit or in refusing to issue a permit may appeal to Council of the Borough of West Mifflin within 10 days after receipt of the final decision of the Borough Secretary. Any such appeal shall be made in writing by certified mail to the Council of the Borough of West Mifflin. Upon receipt of an appeal within the aforesaid ten-day period of limitation, the Council shall afford the aggrieved person a hearing. After such hearing, the Council of the Borough of West Mifflin shall either rescind the aforesaid order or, good cause appearing therefor, shall affirm the order of the Borough Secretary.
E. 
Appeal from the decision of the Borough Council under this section may be taken by any person aggrieved by appeal to a court of competent jurisdiction within 30 days after notice of the decision is issued as provided by law.
[Amended 4-18-1988 by Ord. No. 938; 3-16-1999 by Ord. No. 1094]
Each person conducting a place of amusement within the Borough of West Mifflin shall, at the time of making application for an amusement permit, pay a fee, as established from time to time by resolution of Borough Council, to the Secretary of the Borough of West Mifflin for each place of amusement to be conducted within the Borough. Each place of amusement within the Borough of West Mifflin requires an amusement permit and the payment of the prescribed fee. All amusement permits shall be valid during the license year and shall expire on June 30 of the license year. All persons intending to continue operation of places of amusement after June 30 of the license year must resubmit a new application for an amusement permit and pay the prescribed fee as heretofore set forth. Any person who wishes to open an additional place of amusement during the license year, or a new place of amusement during the license year, must make application for an amusement permit and pay the prescribed fee.
[Amended 3-16-1999 by Ord. No. 1094]
Whoever makes any false or untrue statement on his application and whoever fails or refuses to procure an amusement permit when so required under this article or fails to keep his amusement permit conspicuously posted at his place of amusement as required herein shall, upon conviction thereof, be sentenced to pay a fine of not more than $600, plus costs, and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this article continues shall constitute a separate offense.
[Adopted 12-15-1981 by Ord. No. 873 (Ch. 13, Part 5, of the 1999 Code of Ordinances)]
The following words and phrases, when used in this article, shall have the meanings ascribed to them in this section, unless the context clearly indicates a different meaning:
AMUSEMENT
All manner and forms of entertainment, recreation or pastime, exhibitions, contests, displays and games.
BOROUGH
The area within the corporate limits of the Borough of West Mifflin.
ESTABLISHED PRICE
Regular monetary charge of any character received from the general public, or a limited or selected number thereof, directly or indirectly, for the privilege of playing, viewing or hearing such mechanical, electrical or electronic device.
LICENSE YEAR
The fiscal year beginning January 1, 1982, and ending at 12:00 midnight on December 31, 1982, and from there on shall mean the twelve-month period from January 1 through December 31.
MECHANICAL, ELECTRICAL OR ELECTRONIC DEVICE
Any machine or apparatus whatsoever solely utilizing gears, electrical current, circuits, electronic ions, rays or beams, computer chips, fuel or solar cells or any other technological methods, magnets or a combination thereof, offered for an established price for the purpose of amusement, recreation or for games of skill and/or chance.
MUSIC BOXES
Any mechanical device which, upon payment of an established price, whether it be by insertion of a coin, metal disc, slug, token or other form of monetary exchange, solely reproduces audio sounds.
PERSON
Any individual, partnership, limited partnership, association, corporation, trust or estate. Whenever used in any section, the term "person," as applied to associations or partnerships, shall mean the members or partners thereof, and, as applied to corporations, the officers thereof.
SEASONAL BUSINESS
Any business that is open to the general public for a period of time of less than six months out of the license year to conduct any type of business whatsoever, whether it be retail or wholesale sales, services or recreation or any combination thereof.
SECRETARY
The Secretary of the Borough of West Mifflin.
VIDEO DEVICES
Any mechanical device offered for an established price to the general public, or a select number thereof, which reproduces images from film, tape, discs or any other technological method. This definition does not include devices used in motion-picture theaters or drive-in theaters, as this nomenclature is commonly understood, and whose principal business is to exhibit motion pictures by projecting images upon a screen to be viewed by a common audience at a scheduled time, but does include devices which are viewed at random by paying the established price, such devices may be commonly known as "video jukeboxes," "peep shows" or any other nomenclature.
A. 
No person or persons shall, at any time, offer to the general public within the Borough of West Mifflin for an established price any mechanical, electrical or electronic device for the playing of games and amusements without first having procured a license therefor as hereinafter provided by this article.
B. 
On or after the effective date of this article, it shall be unlawful for any person or persons to offer to the general public, or a limited or selected number thereof, mechanical, electrical or electronic devices, music boxes or video devices unless a mechanical device license shall have been issued to him.
Any person or persons desiring to procure a mechanical device license shall apply therefor in writing to the Secretary of the Borough of West Mifflin. Said application shall set forth the name or names, the residence or residences of the person desiring to procure said license. If the business is a fictitious name, in addition to the fictitious name, the applicant shall state the name and address of the owners and principal place of business; if the applicant is a corporation, the principal address of the corporation, the name and address of the chairman of the board, the board of directors and the president of the corporation. If the officers of said corporation are changed, the corporation shall give immediate notice to the Borough of West Mifflin of the names and addresses of the new officers. The applicant shall state the name of the owner of the premises upon which the aforesaid mechanical, electrical or electronic device, music boxes or video devices are to be used and installed, and if the owner of the premises is not the applicant, then the applicant shall set forth the length of time for which the premises has been leased. The applicant shall also set forth the nature and type of machine or machines to be installed and used, together with the manufacturer's name and manufacturer's serial number. If the machine does not contain a manufacturer's serial number plate which is in clear view of the general public, then the applicant shall imprint a series of numbers for identification purposes upon said machine. The information heretofore required in the application shall be furnished over the signature of the applicant or applicants and shall be made under oath or affirmation.
No license shall be granted until a period of seven days shall have lapsed from the date of application, during which time the officials or employees of the Borough of West Mifflin may, at their discretion, investigate the facts set forth in the application. No license shall be transferable from person to person or from premises to premises.
This article shall not in any way be construed to authorize or permit any gambling devices whatsoever or any mechanisms that have been judicially determined to be a gambling device or in any way contrary to the law or that may be contrary to any present or future laws of the Commonwealth of Pennsylvania, United States of America or ordinance of the Borough of West Mifflin, nor shall the granting of a license be construed to authorize material, whether visual, audible or a combination of both, which may be construed to be pornographic in nature, which is prohibited by the laws of this commonwealth, United States of America or of ordinances of the Borough of West Mifflin.
No license shall be issued until a fee, as hereinafter set forth, is paid annually to the Secretary of the Borough of West Mifflin for each and every mechanical or electrical or electronic device, music box or video device.
[Amended 3-16-1999 by Ord. No. 1094]
A. 
Each person offering mechanical, electrical or electronic devices, music boxes or video devices within the Borough of West Mifflin for an established price shall, at the time of making application for a mechanical device license, pay the fees in accordance with the following schedule:
(1) 
Regular schedule. The regular schedule is applicable to mechanical, electrical or electronic devices, music boxes or video devices which are installed or offered to the general public, or a selected number thereof, for an established price upon the premises of an establishment which is opened to the general public to do any type of business for a period longer than six months out of a license year. The fees are as established from time to time by resolution of Borough Council.
(2) 
Seasonal schedule. The seasonal schedule shall be applicable to any mechanical, electrical or electronic device, music boxes or video devices which are installed or offered to the general public, or a selected number thereof, for an established price upon the premises which are open to the general public for any type of business for a period of time less than six months out of a license year. The fees are as established from time to time by resolution of Borough Council.
B. 
The license fees heretofore mentioned shall not be prorated but shall remain the same for the whole or any portion of any one year. The test of which fee is applicable is not the length of time the aforesaid device may be upon the premises, but the length of time the business establishment is open to the general public for any type of business during the license year.
The Chief of Police of the Borough of West Mifflin, or any other police officer of the Borough of West Mifflin as the Chief may designate in his discretion, shall have the following duties and powers of administration:
A. 
To verify the information received from the applicant.
B. 
To periodically visit establishments open to the general public, or a select number thereof, to determine if all mechanical, electrical or electronic devices, music boxes or video devices are properly licensed.
C. 
To periodically inspect the premises to insure compliance with ordinances of the Borough of West Mifflin and Allegheny County, statutes of the Commonwealth of Pennsylvania, including regulations pursuant thereto, and the laws of the United States of America. If the Chief or his designated officer does find a violation of any ordinance, statute, regulation or law, the Chief or his designated officer shall issue a citation or file a complaint with the proper judicial authority, or, if the violation is one normally regulated by an administrative agency such as the Allegheny County Health Department or Fire Marshal or the Pennsylvania Department of Labor and Industry, or any other regulatory agency, the Chief shall notify said agency of the violation.
A. 
All licenses issued for a license year are for a specific mechanical device, music box or video device, or a combination thereof, and for a specific premises or location and are not transferable from premises to premises or from person to person. Any change in the premises or location of mechanical device licenses and/or the transfer of ownership of mechanical devices regardless of location requires a new license application and payment of license fees heretofore cited in § 78-12.
B. 
Provided, however, a license issued for a license year may be transferred from one mechanical device of the same type to a substitute mechanical device of the same type as long as the premises or location, ownership and the total number of mechanical devices licensed to that premises or location does not change. Any additional mechanical devices or transfer from one premises or any transfer of ownership shall require a new application and payment of the license fee as heretofore set forth.
The Chief of Police or his designated officer may put a lead or any other type of seal upon any device for which no license fee was paid for the license year or for which an erroneous license fee was paid, whether through mistake, error, misrepresentation or failure to pay or make application or any other reason. While said devices are under seal, the owner, proprietor, manager, or person in charge shall be severally and jointly responsible for any unlawful use of said sealed devices. All sealed devices shall not be offered for an established price until a valid license is issued and the fees paid thereon, whereupon the Chief or his designated officer shall remove the seals.
Every person who makes application for a mechanical device license and/or is granted a mechanical device license shall be legally responsible for the following:
A. 
To insure that the business where such mechanical devices are located is operated in a peaceful and orderly manner and not conducted in such a manner as to annoy the public or surrounding neighborhood.
B. 
To insure that no noise, either from the mechanical devices or from the patrons, or a combination of both, which can be heard solely by the ear shall be transmitted or heard beyond the premises where the mechanical devices are located.
C. 
To insure that none of the video devices exhibit obscene or pornographic matter or actual or simulated sexual acts or nude human bodies.
D. 
To prevent loitering of persons on or about the area which is under the control or ownership of the persons who operate, run or own the business or premises where the devices are housed.
E. 
To be truthful on all information requested on the application.
F. 
To inform the Secretary of the Borough of any change in data or information provided on said application within 10 days after the said changes have occurred.
G. 
To make annual application for said license and to pay the annual license fee.
H. 
To comply with all the requirements of this article, whether set forth in this section or omitted, and to comply with all other ordinances of the Borough of West Mifflin, County of Allegheny, laws or statutes of the Commonwealth of Pennsylvania or the laws of the United States of America.
The Chief or his designated officer, except in cases of failure to make application for a license, failure to pay the required license fee, or a violation of § 78-16C, shall utilize the following:
A. 
Give written notice of the violation and set a period of time to correct said violation which is reasonable under the circumstances, but in no event longer than a period of 30 days, unless the violation is serious and warrants the immediate attention of Borough Council.
B. 
On a serious violation, or a second violation or subsequent violation, the license shall be suspended and the matter referred to Borough Council for an administrative hearing.
C. 
After an administrative hearing, Borough Council may, in its discretion, place additional terms and duties upon the licensee to insure the health, safety and welfare of the public; continue the suspension, but in no event longer than a six-month period for a seasonal license or a twelve-month period for a regular license; or may revoke the license.
D. 
Any person who has had his mechanical device license revoked shall not be eligible for a mechanical device license for a period of three years; and any premises or location which housed mechanical device licenses upon which a license was revoked may not house or be the location or premises for mechanical device licenses for a period of three years.
Any person who fails to make an annual application for a license or fails to pay the annual fee, in addition to being subject to the penalties heretofore or hereinafter set forth, shall be subject to the following civil penalties:
A. 
For the first offense, suspension of the license once granted for a period of two weeks.
B. 
For the second offense, suspension of the license once granted for a period of 30 days.
C. 
For the third offense, automatic revocation of the license.
D. 
For any violation of § 78-16C of this article, the license shall be automatically revoked.
A suspension of a mechanical device license shall act as a suspension of all mechanical device licenses which are located on the same premises. A revocation of a mechanical device license shall act as a revocation of all mechanical device licenses located on the premises and shall also act as a revocation of all mechanical device licenses granted to the person within the Borough of West Mifflin.
A. 
Any person aggrieved by a decision of the Chief of Police, his designated officer or the Borough Secretary may appeal to the Council of the Borough of West Mifflin within 10 days after said decision. Any such appeal shall be made in writing by certified mail to the Council of the Borough of West Mifflin. Upon receipt of the appeal within the aforesaid ten-day period of limitation, Borough Council shall afford the aggrieved person a hearing. After such hearing, the Council of the Borough of West Mifflin shall either rescind the aforesaid decision or, good cause appearing therefor, shall affirm the decision.
B. 
Appeals from decisions of the Borough Council under this section may be taken by any person aggrieved to a court of competent jurisdiction within 30 days after notice of the decision is issued as provided by law.
[Amended 3-16-1999 by Ord. No. 1094]
Whoever makes any false or untrue statement on his application or fails or refuses to procure a mechanical device license or to pay the required fee when so required under this article or fails to keep his mechanical device license conspicuously posted upon said device as required herein or shall attempt to violate the duties of a licensee hereunder shall, upon conviction before any court of competent jurisdiction, be sentenced to pay a fine of not more than $600, plus costs, and, in default of payment of said fines and costs, to a term of imprisonment not to exceed 30 days. In the case of firms or associations, the penalty may be imposed upon the partners or members thereof, and, in the case of corporations, upon the officers thereof. Each day that a violation continues shall be considered a separate offense.