[HISTORY: Adopted by the Borough Council of the Borough of
Baldwin 3-15-1982 by Ord. No. 522. Amendments noted where applicable.]
No person shall set up, establish or cause to be set up or established
or exhibit, display or maintain for the purpose of gaining advantage
or profit within the Borough any mechanical device, machine or apparatus
of any kind for the playing of games or otherwise used for the purpose
of amusement or entertainment by the insertion therein of a coin or
any other metal disk, slug or token without obtaining a license from
the license officer.
As used in this chapter, certain terms are defined as follows:
Any individual, partnership or corporation who seeks to obtain
a license for a mechanical device under this chapter.
[Added 12-21-1998 by Ord. No. 730]
The document filed by the applicant requesting a permit to
possess in the Borough of Baldwin any mechanical device, music box
and/or other electronic device, machine or apparatus whatsoever for
the playing of games and amusement.
[Added 12-21-1998 by Ord. No. 730]
Any restaurant, bar, tavern, retail, manufacturing, wholesale,
institutional, educational, religious, governmental or other nonresidential
establishment, store or business, whether or not in operation.
[Added 12-21-1998 by Ord. No. 730]
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.
[Added 12-21-1998 by Ord. No. 730]
Any device, machine or apparatus used for the playing of
poker, blackjack, keno, bingo, slots or other casino gambling games
by the insertion therein of any coin, currency, metal disc, slug or
token which contains or has been modified to have a knockoff or knockdown
switch or other capability for erasing or eliminating playing credits.
[Added 12-21-1998 by Ord. No. 730]
A license holder for any period of time of any special privilege
granted relevant to any section of this chapter.
The Borough Secretary and any person to whom the Borough
Secretary shall delegate the authority given to the Borough Secretary
under this chapter.
Any device, machine or apparatus used for the purpose of
playing games or otherwise used for the purpose of amusement or entertainment
by the insertion therein of any currency, metal disc, slug or token.
[Added 12-21-1998 by Ord. No. 730]
Any individual, partnership or corporation who is the lawful
owner of any mechanical device for which a license is sought under
this chapter.
[Added 12-21-1998 by Ord. No. 730]
Any individual, partnership or corporation who owns, leases
or maintains the business establishment in which any mechanical device
is placed for use, patronage, recreation or amusement of the public
or of persons in or about the business establishment.
[Added 12-21-1998 by Ord. No. 730]
No person, either directly or indirectly, shall conduct any
business or enterprise or use in connection herewith any mechanical
device, in whole or in part, for which a license is required by this
chapter, without first obtaining such license and keeping it in effect
at all times as required by this chapter. No person under 18 years
of age shall be entitled to a license under this chapter.
The license officer shall collect all license fees
and issue all licenses in the name of the Borough to all persons qualified
under the provisions of this chapter and shall do the following:
A.
Make
rules. Promulgate and enforce all reasonable rules and regulations
necessary to the operation and enforcement of this chapter.
B.
Adopt
forms. Adopt any and all forms necessary under this chapter and prescribe
the information to be given thereon.
C.
Require
affidavits. Require applicants to submit all affidavits and oaths
necessary to the administration of this chapter.
D.
Investigate.
Investigate and determine the eligibility of any applicant for a license
as prescribed by this chapter.
E.
Examine
records. Examine the books and records of any applicant or licensee
when reasonably necessary to the administration and enforcement of
this chapter.
F.
Give
notice. Notify any applicant of the acceptance or rejection of his
application and deliver written reasons for denial at the applicant's
request.
A.
General
standards to be applied. The general standards herein set out relative
to the qualifications of every applicant for a Borough license shall
be considered and applied by the license officer.
B.
Good
moral character. Each applicant shall be of good moral character.
In making such determination the license officer shall consider only:
The license officer shall not issue a license if it is determined
that the licensed activity at the proposed location:
A.
The annual license fee for mechanical devices including music boxes, pool tables, pinball machines and similar devices, excluding all devices defined as "gambling devices" by § 65-2, shall be $235.
[1]
Editor's Note: This ordinance also provided that "Any
revision, repeal, increase or decrease in the fees set forth in this
section shall, from time to time, be amended by resolution of the
Borough Council of the Borough of Baldwin."
[2]
Editor's Note: This ordinance provided that it would
take effect 4-1-2002, would only be in effect for new licenses purchased
after 4-1-2002, and licenses purchased prior to the effective date
would not be eligible for any monetary refund.
[3]
Editor's Note: This ordinance provided for an effective
date of 1-1-2004.
B.
The annual license fee for all devices defined as "gambling devices" by § 65-2, including but not limited to video poker machines, shall be $800 per device.
[Amended 12-29-1988 by Ord. No. 600; 12-15-2003 by Ord. No. 779]
C.
Any
device licensed under this chapter may not be moved to another location
within the Borough for use thereon unless a new license is obtained,
except that a device licensed under this chapter may be moved to another
location if the said device is replacing another device that had been
licensed at said location.
D.
A
license for any device under this chapter may not be transferred to
another device at the same location whether or not that device is
similar to the licensed device, except that a license issued for a
device which has fallen into disrepair or requires maintenance may
be transferred to a substitute device or, in the event that a device
in any establishment is removed, the license for that device may be
transferred to the substitute or replacement device, provided that
the number of devices in the establishment at which the device is
located is not increased.
(1)
Should any license be transferred to a replacement device, the owner
or applicant must register the new device, type and serial number
with the Borough of Baldwin.
[Added 12-18-2000 by Ord. No. 748]
(2)
Should any machine be confiscated for illegal use by a recognized
law enforcement agency of the Commonwealth of Pennsylvania, the license
for such machine shall become null and void, and the license may not
be transferred. Should any applicant or owner wish to replace the
confiscated machine with another device, a new license and fee shall
be obtained through the Borough of Baldwin.
[Added 12-18-2000 by Ord. No. 748]
E.
No
rebate or refund or any license fee or part thereof shall be made
for any reason except if the fee or any part thereof was collected
through an error.
Each license issued shall state upon its face:
In addition to the information required in the previous section,
the following information is also required to be furnished to the
license officer:
A.
The licensee shall maintain at the premises where the mechanical
device is located the license issued with respect to that device,
together with a list of all devices licensed under the provisions
of this chapter, and the licensee shall provide said list to any police
officer, license officer, zoning officer or other representative of
the Borough upon request. The licensee shall affix any disk, plate
or insignia, if any, which may be provided by the license officer
to be used in connection herewith upon the outside of any mechanical
device licensed by this chapter, so that it may be easily seen at
all times by interested parties.
B.
Any licensee shall not permit any license, insignia, disk or plate
to remain posted, displayed or used after the period for which it
was issued has expired or when it has been suspended or revoked or
when it has for any reason become ineffective. The licensee shall
promptly return such inoperative license, insignia, disk or plate
to the license officer.
C.
The licensee shall not loan, sell, give or assign to any person to
use or display or to destroy, damage or remove or to have in his possession,
except as authorized by the license officer, any license, insignia,
disk or plate which has been issued to such licensee.
The term of the license under this chapter shall be from January
1 until December 31 of each fiscal year.
[Added 12-18-2000 by Ord. No. 748]
The deadline to apply for mechanical device licenses shall be
January 31 of each year. Applications must be submitted by this date
or may be subject to penalties.
Any owner, occupant, lessee or permittee of land or lands who
allows or permits any mechanical device that is required to be lodged
in or on premises under his, her, its or their control when said mechanical
device has not been licensed shall be considered to have violated
the terms of this chapter and shall be liable for the prescribed penalties.
A.
Any license issued pursuant to the provisions of this chapter may
be revoked or suspended by the license officer for any of the following
reasons:
(1)
Fraud, misrepresentation or false statement contained in the license
application.
(2)
Fraud, misrepresentation or false statement made in the course of
carrying on the business.
(3)
Violation of any provision of this chapter or rules or regulations
duly made in accordance therewith.
(4)
Conviction of any crime or misdemeanor involving moral turpitude.
(5)
Using any machine or other mechanical device in connection herewith
in an unlawful manner or in a manner as to constitute a breach of
the peace or a menace to the health, safety or general welfare of
the public.
(6)
Obstruction of or denial of entry for authorized inspections.
B.
The license officer shall revoke the license of any licensee whose
license shall be suspended twice within any one year's period
of time, and no new license or reinstatement or renewal shall be approved
or issued for one year from the revocation date.
[Amended 12-21-1998 by Ord. No. 730]
Nothing in this chapter shall authorize, license or permit any
gambling devices or any mechanism that has been judicially determined
to be a gambling device or that is in any way contrary to present
or future law. A license shall not be issued unless the applicant
acknowledges:
A.
That obtaining or displaying a Borough license does not sanction,
authorize or permit the use or possession of an illegal gambling device,
either per se or as modified;
B.
That the Borough shall notify the appropriate law enforcement officials
of the use or possession of per se, modified or other illegal gambling
devices, whether or not such devices are licensed;
C.
The Borough shall immediately revoke the license of any mechanical
device illegally used or possessed, either per se or as modified;
D.
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 the Borough or other law enforcement officials; and
E.
That if the Borough has reasonable grounds to believe that a particular
mechanical device is illegal, either per se or as modified, the Borough
shall not issue a license for said device.
A.
Any person aggrieved by any action of the license officer may request
a hearing before the license officer within 10 days following the
effective date of any action complained hereof. The appeal shall set
out a copy of the order or decision appealed from and shall include
a statement of the facts forming the basis of the appeal.
B.
A copy of such appeal shall be filed by the appellant with the license
officer at the time of filing. The license officer shall notify the
aggrieved party of the date and place of hearing within five days
of receipt of the appeal, and the hearing shall be held within 15
days from the date of appeal.
[Amended 12-19-1985 by Ord. No. 566; 12-21-1998 by Ord. No. 730]
Any persons or persons, firm or corporation violating any of
the provisions of this chapter shall, upon conviction thereof before
the District Justice, be fined up to $1,000 for each and every offense,
or imprisoned for up to 30 days, at the discretion of the District
Justice. Each and every day that any machine or device, under the
terms of this chapter, shall be operated and used in violation thereof
shall constitute a separate and distinct offense under this chapter
and shall be subject to separate and distinct penalties thereunder.
