Entertainments and amusements — See Ch. 145.
§ 98-1License required.
§ 98-2License application.
§ 98-3Signature and oath required on application.
§ 98-4Construal of provisions.
§ 98-5License fees.
§ 98-6Issuance of marker or stamp.
§ 98-8Payment of tax; exception.
§ 98-9Statutory authority; collection agent.
§ 98-10Violations and penalties.
Any person, persons, firm or corporation which at any time has in its or their possession within the Borough of West View any mechanical device, machine or other apparatus designed and used for the playing of games, displaying of pictures, slides, etc., for the issuance of printed matter or for the rendition of music in which records are played by the insertion of a coin or other metal slug or disc shall first procure a license therefor as hereinafter provided in this chapter.
Any person, persons, firm or corporation desiring to procure a license, as provided in § 98-1 of this chapter, shall apply therefor, in writing, to the Borough Secretary. Where a new machine is brought into the Borough, an application must be made and a license granted for the said machine before it can be placed in operation.
Said application shall set forth:
The name or names and residence or residences of the person, 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 and previous place thereof.
The name of the owner of the premises in which the machine is to be used and installed.
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 and whether the applicant is a citizen of the United States.
The application shall set forth, also, the nature of the machines to be installed and used, and if the machines contain a serial number, it should also be given.
The information required in § 98-2 hereof shall be furnished over the signature of the applicant or applicants and shall be made under oath or affirmation.
Nothing in this chapter shall be in any way construed to authorize, license or permit any gambling device whatsoever or any machines which have justly been determined to be gambling devices or which are in any way contrary to the laws of the Commonwealth of Pennsylvania.
No license shall be issued under this chapter for any mechanical device until the annual fee shall have been paid to the Borough Secretary in accordance with the following schedule:
The annual license fee for any device constructed, designed and used for the playing of games, displaying of pictures, slides, etc., or for the issuance of printed matter, and any other device operated for amusement other than the rendition of music, shall be $200.
The annual license fee for any device constructed, designed and used for the rendition of music, in which records or tapes are played, shall be $50.
Upon the payment of the license fee provided by this chapter, the Borough Secretary shall issue a marker or stamp, which shall set forth the number of the machine and the license, with the date of issue. This marker or stamp shall be attached to the machine which is licensed by the officer of the Borough.
In the event that the holder of a license desires to remove from the Borough any machine or device licensed under this chapter and substitute therefor another machine or device, an application for a transfer shall be made to the Borough Secretary, setting forth the number of the license which is to be transferred, and an application shall be filed for a new license for the machine or device which is to be substituted for the licensed machine which is to be removed, upon the payment of the sum of $5. The Borough Secretary shall issue a marker or stamp to be placed on the new machine or device, and the officer of the Borough shall obliterate the stamp on the machine which is being removed and place upon the new machine the stamp issued.
Any person, firm or corporation who is subject to and pays to the Borough an amusement tax in the sum of $10,000 or more annually is exempt from the terms and conditions of this chapter,
This chapter has been adopted under the authority vested in the Council of the Borough of West View by Act No. 511 of the 1965 Session of the General Assembly of the Commonwealth of Pennsylvania,
Any person, firm or corporation who fails to procure a license as provided in § 98-2 hereof or who violates any other provisions of this chapter shall be liable to a penalty of not less than $200 nor more than $300, plus costs of prosecution, and upon default of the payment of any fine imposed thereon, shall be subject to imprisonment for not less than 10 nor more than 30 days.