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.
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.
[Amended 12-12-1977 by Ord. No. 1210; 12-11-1981 by Ord. No. 1261]
A. 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:
(1) 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.
(2) 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.
B. However, should any device, machine or apparatus be installed after July 1 of any year and application is made after that date, then and in that event, the license fee for that portion of the year shall be 1/2 or 50% of the annual license fee provided in Subsection
A hereof.
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.
[Amended 12-11-1981 by Ord. No. 1261]
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, and no mechanical device, machine or apparatus 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 and/or for the rendition of music maintained
by any said person, firm or corporation, shall be liable for the payment
of the tax provided herein.
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, the terms and provisions of which are hereby accepted
and adopted, and in accordance with the provisions thereof, the Borough
Secretary is duly constituted and appointed by the Council of the
Borough of West View as the agent for the assessment and collection
of the tax imposed under the authority of such Act and under the provisions
of this chapter.
[Amended 2-2-1977 by Ord. No. 1191]
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.