[HISTORY: Adopted by the Borough Council of the Borough of
West Mifflin as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-1-1977 by Ord. No. 797 (Ch. 13, Part 4, of the
1999 Code of Ordinances)]
A.
AMUSEMENT
BOROUGH
ESTABLISHED PRICE
(1)
(2)
(3)
FISCAL YEAR
LICENSE YEAR
PERSON
PLACE OF AMUSEMENT
PRODUCER
SECRETARY
TEMPORARY, SEASONAL OR ITINERANT BUSINESS
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:
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.
The area within the corporate limits of the Borough of West
Mifflin.
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:
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.
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.
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.
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.
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.
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.
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.
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.
The Secretary of the Borough of West Mifflin.
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:
All manner and forms of entertainment, recreation or pastime,
exhibitions, contests, displays and games.
The area within the corporate limits of the Borough of West
Mifflin.
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.
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.
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.
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.
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.
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.
The Secretary of the Borough of West Mifflin.
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 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.
