[HISTORY: Adopted by the City Council of the City of Bradford 12-13-2011 by Ord. No.
3244.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Licenses and permits — See Ch. 136.
[1]
Editor's Note: This chapter also provided an effective
date of 1-1-2012.
This jukebox and mechanical amusement device tax is levied under
the authority granted to the City by Act 511 approved December 31,
1965, P.L. 1257, known as the "Local Tax Enabling Act," as amended.[1]
[1]
Editor's Note: See 53 P.S. § 6924.101 et seq.
Unless otherwise expressly stated, the following terms shall
have for the purpose of this chapter the meaning herein indicated:
Any jukebox and/or any mechanical amusement device taxable
under this chapter.
Any music vending machine contrivance or device which, upon
the insertion of a coin, slug, token, plate, disc or key into any
slot, crevice or other opening, or by the payment of any price, operates
or may be operated, for the emission of songs, music or similar amusement.
Any device, other than a jukebox, which, upon insertion of
a coin, slug, token, plate or disc, may be operated for use as a game,
entertainment or amusement, whether or not registering a score and
whether or not a prize is offered. The term does not include any gambling
device or any mechanism that has been judicially determined to be
a gambling device.
Any person, firm, corporation or association which shall,
at any time, own or operate within the City of Bradford or make available
for use or operation within the City of Bradford any mechanical amusement
devices as used in this chapter for the use or operation by the general
public.
A.
Mechanical or electronic amusement machine or apparatus. From and
after the passage and enactment of this chapter, no person or persons,
firm or corporation shall at any time have in his, her, its, or their
possession within the City of Bradford, any mechanical or electronic
device, machine, or apparatus whatsoever for the playing of games,
amusement or entertainment, which are played through the insertion
therein of a coin or any metal disk, slug or token whatsoever, without
first having procured a license therefor as hereinafter provided.
B.
Jukeboxes or other similar musical devices. No person or persons,
firm or corporation, shall at any time have in his, her, its or their
possession within the City of Bradford any jukebox, music box, phonographs
or other similar musical device, machine or apparatus, which are played
through the insertion therein of a coin or any metal disk, slug or
token whatsoever, without first having procured a license thereof
as hereinafter provided in this chapter.
A.
Any person or persons, firm or corporation desiring to procure a license, as provided in § 69-1, shall apply therefor in writing to the City Clerk. Said application shall set forth the name or names, the residence or residences of the person or persons, firm or corporation so applying, together with the present and previous occupation of the applicant or applicants and the length of residence at the present address of the applicant and at the previous place of residence; the name of the owner of the premises upon which the aforesaid machines 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 manufacturer and nature of the machines to be installed and used.
B.
The information hereby required shall be furnished over the signature
of the applicant or applicants and shall be made under oath or affirmation.
The license herein provided for shall be a label, disc, tag
or certificate for the year for which the license or fee has been
paid, and the applicant shall firmly attach it to the device for which
it was issued or post the same at the license location. A license
may be transferred, without payment of an additional fee or assessment,
to another device intended to replace on the same premises only, either
temporarily or permanently, an existing licensed device, provided
that the application required is filed with, and approved by, the
Township Treasurer; and provided further that the license of any device
the use of which is discontinued shall not be transferred or revised.
No device shall be operated without the license therefor being affixed
thereto or being prominently posted at the licensed location.
No license shall be granted until a period of seven days shall
have elapsed from the date of application, during which time the officials
or employees of the City of Bradford may, at their discretion, investigate
the facts set forth in the application. No license shall be transferable.
Nothing in this chapter shall in any way be construed to authorize,
license or permit any gambling device whatsoever or any mechanism
that has been judicially determined to be a gambling device or in
any way contrary to law, or that may be contrary to any present or
future laws of the Commonwealth of Pennsylvania.
A.
No license shall be issued until an annual fee shall have been paid
to the City Clerk. The amount of the fee shall be $50 for each mechanical
devise and $25 for each jukebox. Fees may be adjusted by the City
of Bradford pursuant to resolution. Each license shall expire on December
31 of each year.
B.
License fees shall not be prorated but shall remain the same for
the whole or portion of any one year.
C.
The Chief of Police, or any other office the City of Bradford may
designate, may in his discretion, put a lead (or any other type) seal
upon any device for which no license fee has been paid; and when the
proper license fee has been paid for such sealed device, said seal
shall be removed by the Chief of Police, or other designated office
of the City of Bradford.
D.
While said unlicensed device is under seal as aforesaid, the owner,
proprietor, manager, or person in charge of the place where said device
is located shall be responsible for the device, and for any unlawful
use thereof while such mechanical device is unlicensed.
Upon payment of the license fee, the Secretary shall issue a
metal disc or plate setting forth the number of the license for each
machine. Such disc or plate shall be attached and fastened to the
respective machine or device so that the same shall be clearly observable
and readable.
Any person, firm or corporation who shall violate any provision
of this chapter shall, upon conviction thereof, be sentenced to pay
a fine not more than $600 and, in default of payment, to undergo imprisonment
for a term not to exceed 30 days. Each day that a violation of this
chapter continues shall constitute a separate offense.
