[Ord. 695, 1/11/1999, § 2]
This Part shall be known as the Borough of Jefferson Hills Amusement
License Ordinance.
[Ord. 695, 1/11/1999, § 4]
In the construction of this Part, 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.
That the Borough intends to favor the public interest as against
any private interest.
G.
The headings prefixed to sections and other divisions of this Part
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.
[Ord. 695, 1/11/1999, § 5]
Unless the context clearly indicates otherwise, the following
words and phrases, used in this Part or in an application for license
of amusement devices, shall have the meanings given to them in this
section.
Video or mechanical amusement device, jukebox or pool table
and/or other electronic device, machine or apparatus whatsoever, for
the playing of games and amusement.
Any individual, partnership or corporation who seeks to obtain
a license for an amusement device under this Part.
The document filed by an applicant requesting a permit to
possess in the Borough any video or mechanical amusement device, jukebox
or pool table and/or other electronic device, machine or apparatus
whatsoever, for the playing of games and amusement.
The Borough of Jefferson Hills.
Any restaurant, bar, tavern, retail, manufacturing, wholesale,
institutional, educational, religious, governmental or other nonresidential
establishment, store or business, whether or not in operation.
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.
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 knockoff or knockdown device or
other capability for erasing or eliminating accumulated playing credits.
Any device, machine or apparatus which plays recorded music,
whether by record, tape, compact disc or other means, by the insertion
therein of any coin, currency, metal disc, slug or token.
Any device or apparatus upon which is played the games of
eight-ball, billiards, pool, snooker or other similar games for which
a fee is charged, whether or not such device is operated through the
insertion of coin, currency, metal disc, slug or token.
Any individual, partnership or corporation who owns, leases
or maintains the business establishment in which any jukebox, pool
table or 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.
Any individual, partnership or corporation who is the lawful
owner of any jukebox, pool table or video or mechanical amusement
device for which a license is sought under this Part, 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 jukebox, pool table or video or mechanical amusement device
for which a license is sought under this Part.
Any device, machine or apparatus used for the playing of
games or otherwise used for the purposes of amusement or entertainment
by the insertion therein or 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."
[Ord. 695, 1/11/1999, § 6]
No person, firm, partnership, corporation or other entity, shall
at any time have in his possession within the Borough, any video or
mechanical amusement device, jukebox or pool table for the playing
of games and amusement without first having procured a license therefor
as hereinafter provided in this Part.
[Ord. 695, 1/11/1999, § 7]
Any person, firm, corporation or other entity desiring to procure a license as required in § 13-204 of this Part, shall apply therefor in writing to the Chief of Police. Said application shall set forth the following information:
A.
The name and residence of the vendor of each jukebox, pool table
or video or mechanical amusement device to be licensed.
B.
The name and residence of the proprietor of the business establishment
in which each jukebox, pool table or 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, pool table, jukebox 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
Part 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 illegal use or possession of any unlawful gambling device,
either per se or as modified, may result in a criminal prosecution
by law enforcement officials.
[Ord. 695, 1/11/1999, § 8]
The Chief of Police 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.
B.
Is not 21 years of age.
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.
[Ord. 695, 1/11/1999, § 9]
No license shall be granted until a period of 10 days shall
have elapsed from the date of application during which time the Chief
of Police may, at his or her discretion, investigate the facts set
forth in the application.
A.
The Chief of Police 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 a Borough 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 the Borough of Jefferson Hills Police or other law
enforcement officials.
[Ord. 695, 1/11/1999, § 10]
Nothing in this Part 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.
[Ord. 695, 1/11/1999, § 11]
1.
No license shall be issued until the following annual fees shall
have been paid by the applicant to the Borough of Jefferson Hills
for each and every device to be installed or used:
2.
The above annual fees paid shall be a license fee until December
31 of each year; except, however, should any such device be installed
after July 1 of any year, and an application therefor is made after
such date, then in such event, the license fee for that particular
year, until December 31, shall be as follows:
[Ord. 695, 1/11/1999, § 12]
Upon the payment of the license fee provided by this Part, and
if the application fully complies with this Part, the Chief of Police
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 Borough 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.
[Ord. 695, 1/11/1999, § 13]
The Borough or its agents may, during regular business hours,
conduct inspections of any business establishment where any video
or mechanical amusement device, jukebox or pool table licensed under
this Part is located, installed, placed or used, to ensure compliance
with this Part.
[Ord. 695, 1/11/1999, § 14]
1.
In the event any applicant, vendor or proprietor falsifies any information
on an application for license of amusement devices, or violates this
Part, the Borough shall immediately revoke all licenses issued under
this Part to such applicant, vendor or proprietor.
2.
Moreover, in the event a vendor of a video or mechanical amusement
device or a proprietor of a business establishment is convicted of
possessing or using a video or mechanical amusement device in violation
of the Crimes Code of the Commonwealth of Pennsylvania, the Borough
shall revoke each license issued to such person, as an applicant,
vendor or proprietor.
3.
Additionally, the Borough shall not issue a license of amusement
devices to any person who 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 the application.
4.
Any video or mechanical amusement device used or possessed in violation
of the Crimes Code of the Commonwealth of Pennsylvania, or this Part,
may be deemed contraband and forfeited in accordance with the provisions
set forth in 18 Pa.C.S.A. § 6501(d) (relating to scattering
rubbish).
[Ord. 695, 1/11/1999, § 15]
Because the Borough 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 Borough 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.
[Ord. 695, 1/11/1999, § 16; as amended by Ord.
844, 9/8/2014]
For each and every violation of the provisions of this Part,
any person or persons, firm, partnership or corporation violating
any of the provisions of this Part shall constitute a summary offense
and, upon conviction by the issuing authority for the Magisterial
District Judge which includes the Borough of Jefferson Hills or as
transferred from said Magisterial District, shall be sentenced to
pay a fine of not more than $1,000, and costs of prosecution, and,
in default of 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; provided
that 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 Part and shall be subject to separate and distinct penalties
hereunder and notice to the offender shall not be necessary in order
to constitute an offense. In the event that such claims for fines
and penalties exceed the monetary jurisdiction of a Magisterial District
Judge as set forth in the Pennsylvania Judicial Code (relating to
jurisdiction and venue), exclusive of interest, costs or other fees,
the Borough may bring such action in the Court of Common Pleas or
may, pursuant to the Pennsylvania Judicial Code, waive that portion
of fines or penalties that exceeds the monetary jurisdictional limits
so as to bring the matter within the monetary jurisdiction of the
Magisterial District Judge.
