[HISTORY: Adopted by the City Council of the City of Bradford 12-13-2011 by Ord. No. 3244. Amendments noted where applicable.]
Licenses and permits — See Ch. 136.
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.
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.
- MECHANICAL AMUSEMENT DEVICE
- 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.
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.
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.
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.
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.
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.
License fees shall not be prorated but shall remain the same for the whole or portion of any one year.
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.
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.