This chapter shall be known as "the North Versailles Township
Amusement Device Ordinance."
Ordinance No. 817 is hereby repealed, as are all other ordinances
or parts of ordinances insofar as they conflict with the provisions
of this chapter; however, such repeal shall not affect any act done
or any liability or violation accrued under any such prior ordinance
herein repealed or superseded, and all such liabilities or violations
shall continue and may be enforced in the same manner as if such repeal
or supersession had not been made; and any offense or violation committed
and any penalty or forfeiture incurred under such ordinance herein
repealed or superseded may be prosecuted in the same manner as if
this chapter had not been approved.
In the construction of this chapter, the rules and definitions
contained in this section shall be observed and applied, except when
the context clearly indicates otherwise.
A. Words used in the singular shall include the plural, and the plural
the singular.
B. Words used in the past or present tense shall include the future
tense.
C. Words used in the masculine gender shall include the feminine and
neuter.
D. The word "shall" is always mandatory and is not discretionary.
E. The word "may" is permissive.
F. North Versailles Township intends to favor the public interest as
against any private interest.
G. The headings prefixed to sections and other divisions of this chapter
shall not be considered to control but may be used to aid in the construction
thereof.
H. General words shall be construed to take their meanings and be restricted
by preceding particular words.
Unless the context clearly indicates otherwise, the following
words and phrases, used in this chapter or in an application for license
of amusement devices, shall have the meaning given to them in this
section.
AMUSEMENT DEVICE
The amusement devices and apparatus to be covered by this
chapter shall be divided into three classes.
[Amended 7-19-2012 by Ord. No. 1068]
A.
Class I. Class I devices include poker machines, video slot
machines, video sweepstakes machines, and any other type of purely
amusement wagering/gaming device permitted by law.
B.
Class II. Class II devices include machines which offer prizes
for amusement such as stuffed animals, toys, candy or other items.
C.
Class III. Class III devices include machines and apparatus
used for entertainment and public participation for sport which includes,
but is not limited to, darts, jukeboxes, pool tables, pinball machines,
shuffleboard machines and children's video games.
APPLICANT
Any individual, partnership or corporation who seeks to obtain
a license for an amusement device under this chapter.
APPLICATION FOR LICENSE OF AMUSEMENT DEVICES
The document filed by an applicant requesting a permit to
possess in the Township of North Versailles any video or mechanical
amusement device, and/or other electronic device, machine or apparatus
whatsoever, for the playing of games and amusement.
BUSINESS ESTABLISHMENT
Any restaurant, bar, tavern, retail, manufacturing, wholesale,
institutional, educational, religious, governmental or other nonresidential
establishment, store or business, whether or not in operation.
GAMBLING DEVICE
Any device, machine or apparatus used for the playing of
poker, blackjack, keno, bingo or other casino games by the insertion
therein of any coin, currency, metal disc, slug or token.
ILLEGAL GAMBLING DEVICE
Any device, machine or apparatus designed and/or specifically
equipped to be used for the playing of poker, blackjack, keno, bingo,
slots or other casino gambling games by the insertion therein of any
coin, currency, metal disc, slug or token, which has, or is designed
to facilitate the ready use of, a knock-off or knockdown device or
other capability for erasing or eliminating accumulated playing credits.
PROPRIETOR
Any individual, partnership or corporation who owns, leases
or maintains the business establishment in which any video or mechanical
amusement device is placed for the use, patronage, recreation or amusement
of the public or of persons in or about the business establishment.
VENDOR
Any individual, partnership or corporation who is the lawful
owner of any video or mechanical amusement device for which a license
is sought under this chapter, or any individual, partnership or corporation
who makes, assembles, sets up, maintains, sells, lends, leases, gives
away, or offers for sale, loan, lease or gift, any video or mechanical
amusement device for which a license is sought under this chapter.
VIDEO OR MECHANICAL AMUSEMENT DEVICE
Any device, machine or apparatus used for the playing of
games or otherwise used for the purpose of amusement or entertainment
by the insertion therein of any coin, currency, metal disc, slug or
token, including but not limited to claw machines, electric or electronic
dart boards, gambling devices, pinball machines, and video games.
No person, firm, partnership, corporation or other entity shall
at any time have in his possession, within the Township of North Versailles,
any video or mechanical amusement device for the playing of games
and amusement without first having procured a license therefor as
hereinafter provided in this chapter.
Any person, firm, corporation or other entity, desiring to procure a license as required in §
88-5 of this chapter, shall apply therefor in writing to the Township Secretary. Said application shall set forth the following information:
A. The name and residence of the vendor of each video or mechanical
amusement device to be licensed;
B. The name and residence of the proprietor of the business establishment
in which each video or mechanical amusement device is to be located,
used or installed;
C. If vendor and/or proprietor are citizens of the United States;
D. The manufacturer, name of machine, serial number, type and fee for
each machine, video or mechanical device, or apparatus to be located
on the premises, installed or used;
E. A verification by the vendor and proprietor that the facts set forth
in the application are true and correct to the vendor's and proprietor's
personal knowledge information or belief, and that any false statements
therein are made subject to the penalties of the Crimes Code, 18 Pa.C.S.A.
§ 4904, relating to unsworn falsification to authorities;
F. That the vendor and proprietor have been provided a copy of this
chapter and that he/they have read and agree to be bound by all terms
and provisions hereof;
G. That a license does not sanction or condone the use or possession
of any illegal gambling device, whether illegal per se or as modified;
H. That the legal use or possession of an unlawful gambling device,
either per se or as modified, may result in a criminal prosecution
by law enforcement officials.
The Township Secretary shall not issue a license for any video
or mechanical amusement device to any person who:
A. Is not a citizen of the United States;
C. Has been found guilty of or accepted accelerated rehabilitative disposition
for possessing or using a video or mechanical amusement device in
violation of the Crimes Code of the Commonwealth of Pennsylvania within three years of the date of application.
No license shall be granted until a period of 10 days shall
have elapsed from the date of application during which time the Township
Secretary may, at his or her discretion, investigate the facts set
forth in the application.
A. The Township Secretary shall refuse to issue a license for any device
that the applicant has not affirmed is not designed, or intended to
be used, for gambling purposes.
B. A license shall not be issued unless the applicant acknowledges:
(1) That obtaining or displaying Township license does not sanction or
permit the use of any device for gambling purposes or possession of
an illegal gambling device, either per se or as modified;
(2) That if the applicant or licensee illegally uses or possesses an
unlawful gambling device, either per se or as modified, he may be
prosecuted by North Versailles Township or other law enforcement officials.
Nothing in this chapter shall be construed to authorize, license
or permit any gambling devices whatsoever, or any mechanism that has
been judicially determined to be a gambling device, either per se
or as modified, or in any way contrary to law, or that may be contrary
to any future laws of the Commonwealth of Pennsylvania or the United
States of America.
Upon the payment of the license fee provided by this chapter,
and if the application fully complies with this chapter, the Township
Secretary shall issue a disc, plate, or sticker setting forth the
number of the license for each machine so licensed, and said disc,
plate or sticker shall be attached and fastened to the respective
machine or device so that the same may be clearly observable and readable.
Discs, plates or stickers issued for a particular machine or device
are not transferable to another machine or device. All discs, plates
or stickers issued by the Township for video and mechanical amusement
devices shall state that the video or mechanical amusement device
is for amusement purposes only, that it is not a gambling device and
that only games and not money may be won on the machine or device.
The Township or its agents may, during regular business hours,
conduct inspections of any business establishment where any video
or mechanical amusement device licensed under this chapter is located,
installed, placed or used, to ensure compliance with this chapter.
Because the Township intends to foster compliance with the laws
of the Commonwealth of Pennsylvania and the United States regarding
illegal possession and/or use of gambling devices, no Township employee
or agent may promise, suggest or insinuate, either expressly or by
implication, that the applicant, licensee, proprietor or vendor who
illegally uses or possesses any device used or intended to be used
for gambling purposes shall not be prosecuted.
For each and every violation of the provisions of this chapter,
any person or persons, firm, partnership or corporation, violating
any of the provisions of the chapter shall constitute a summary offense,
and upon conviction by the issuing authority for the magisterial district
which includes the Township of North Versailles, be sentenced to pay
a fine of not less than $50 nor more than $600, and costs of prosecution,
and in default or payment thereof may be committed by the issuing
authority to the Allegheny County Jail in conformity with the Pennsylvania
Rules of Criminal Procedure for a period not to exceed 10 days. Each
and every day that any machine or device is used and operated in violation
hereof shall constitute a separate and distinct offense under this
chapter and shall be subject to separate and distinct penalties hereunder.