Borough of Mount Union, PA Chapter 105 Amusement Devices

[HISTORY: Adopted by the Borough Council of the Borough of Mount Union 7-18-1979 by Ord. No. 883 (Ch. XIII, Part 1, of the 1980 Code of Ordinances). Amendments noted where applicable.]

§ 105-1 Definitions; word usage.

A. As used in this chapter, the following terms shall have the meanings indicated:

MECHANICAL AMUSEMENT DEVICES

Includes any device 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, provided that the term "mechanical amusement device" shall not include any gambling device or any mechanism which has been judicially determined or which may be judicially determined in the future to be a gambling device.

PERSON

Includes any natural person, association, partnership, firm or corporation.

B. In this chapter, the singular shall include the plural, and the masculine shall include the feminine and the neuter.

§ 105-2 License required.

No person may at any time have in his possession, at any place within the Borough of Mount Union, any mechanical amusement device without first having procured a license therefor from the Borough Police Chief.

§ 105-3 Application for license.

Any person desiring to procure a license for a mechanical amusement device shall apply therefor in writing to the Police Chief. Such application shall set forth the name of the applicant, the address at which such device is to be located, and the number and character of devices to be installed at such address for use thereon. Such information shall be furnished over the signature of the applicant and shall be made under oath or affirmation. No license shall be granted until a period of three days shall have elapsed from the date of application, during which time the Police Chief may, at his discretion, investigate the facts set forth in the application.

§ 105-4 Issuance of license; expiration; fees; additional devices.

[Amended 5-7-2001 by Ord. No. 1055]

Following the waiting period provided in § 105-3 of this chapter, and upon payment by the applicant of a license fee as hereinafter provided for every mechanical amusement device sought to be licensed, a license shall be issued by the Police Chief to the applicant. Such license shall be valid for the entire calendar year for which it is issued and shall expire following the last day of such calendar year. The license fee for such mechanical amusement device shall be as set from time to time by the Borough Council of the Borough of Mount Union, provided that such license shall authorize the installation or location and use, upon the premises specified therein, of the number of mechanical amusement devices for which the aforesaid license fee shall have been paid, but nothing herein shall prohibit the change or exchange of such mechanical amusement devices, so long as the total number of such devices installed or located in and about such premises shall not at any time exceed the number set forth in the original application. Whenever the total number of such devices installed or located in or about any premises shall exceed the total number for which the license was granted, application shall be made for a license for such additional number, and the fee shall be paid therefor; provided, further, that any license for any mechanical amusement device issued on or after the first day of July in any year shall be issued upon payment of the sum of 1/2 of the fee as hereinabove provided.

§ 105-5 Renewal of license.

Prior to the expiration date of any license issued under this chapter, the holder of such license shall apply to the Police Chief for a license for the following year. The same provisions shall govern the issuance of such license as are set forth in the preceding sections of this chapter.

§ 105-6 Inspections by police.

The Borough police, under the direction of the Mayor, shall make periodic inspections of mechanical amusement devices licensed under this chapter.

§ 105-7 Display of license upon request.

Any license issued under this chapter shall be exhibited at any time on request of the Mayor or any police officer of the Borough.

§ 105-8 Revocation of license.

The Police Chief, under the authority of the Mayor, may revoke any license hereunder granted when he deems such revocation to be necessary for the benefit or protection of the public health, safety or morals.

§ 105-9 Violations and penalties.

Any person violating any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $300, and costs of prosecution, or, in default of payment of such fine and costs, to undergo imprisonment for not more than 30 days, provided that each violation of any provision of this chapter, and each day the same is continued, shall be deemed a separate offense.