[Amended 12-18-1999 by Ord. No. 484]
As used in this chapter, the following terms shall have the
following meanings, unless the context clearly indicates that a different
meaning is intended:
AMUSEMENT DEVICE
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.
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 Borough of Port Vue 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.
ARCADE LICENSE
The license required hereunder for a video game arcade or
game arcade.
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.
CHIEF OF POLICE
The chief of the Police Department of the Borough of Port
Vue.
COIN-OPERATED GAME
Any pinball game, video game or electronic game that is not
included in the definition of video trivia game or mechanical amusement
device as herein defined, where the public may play the game on depositing
a coin, coins or tokens in the machine.
[Amended 4-5-2011 by Ord. No. 572]
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.
GAME ARCADE
Any place where coin-operated games are displayed for use
by the public, whether or not another business is conducted on the
premises.
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 knockoff or knockdown device or
other capability for erasing or eliminating accumulated playing credits.
JUKEBOX
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.
POOL TABLE
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.
PROPRIETOR
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.
VENDOR
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 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 jukebox, pool table or video or mechanical amusement device
for which a license is sought under this chapter.
VIDEO GAME ARCADE
Any place where four or more video games or coin-operated
games of any kind are displayed for use by the public, whether or
not another business is conducted on the premises.
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.
VIDEO TRIVIA GAME OR MECHANICAL OR NONMECHANICAL 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 payment of a fee or the insertion therein of any coin, currency,
metal disc, slug or token, including, but not limited to, claw devices,
electronic dart boards, video trivia games, pool tables, electronic
or mechanical bowling, electronic or mechanical shuffleboard and all
other similar devices.
[Amended 4-5-2011 by Ord. No. 572]
ZONING ORDINANCE
The Zoning Ordinance of the Borough of Port Vue, known as
Ordinance Number 252.
[Amended 1-19-1993 by Ord. No. 443; 12-18-1999 by Ord. No. 484]
A. Fee structure for amusement devices, coin-operated games, video games
and mechanical devices; licensing requirements.
(1) Except as hereinafter provided, no license shall be issued until
the fees as hereinafter provided have been paid to the Secretary for
each and every amusement device, coin-operated game, video game and
mechanical device placed and operated in the Borough.
(a)
The cost of a license for all coin-operated games as herein defined and other amusement devices not subject to Subsection
A(2) below, shall be $500 per device, per year.
[Amended 12-18-2006 by Ord. No. 549; 4-5-2011 by Ord. No. 572]
(b)
The cost of a license for all video trivia games, mechanical
or nonmechanical amusement devices, as herein defined, shall be $100
per device, per year.
[Amended 12-18-2006 by Ord. No. 549; 4-5-2011 by Ord. No. 572]
(c)
Vending machines dispensing beverages, cigarette machines, candy
machines and other machines which dispense prepackaged food items
shall be exempt from the licensing requirements and the payment of
fees established herein.
(2) Each vending company operating or placing within the Borough any
mechanical device or such other machine subject to the licensing requirements
and fee schedules established by this chapter shall be required to
pay an annual owner/operator fee in the amount of $100.
(3) All fees established hereinabove shall be the joint and several liability
of the owner of each such amusement device, mechanical device, coin-operated
game and video game and the owner of the establishment in which each
of the foregoing regulated machines are located.
(4) No person, firm, partnership, corporation or other entity shall at
any time possess 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 provided in this
chapter.
B. License due dates.
(1) All licenses required by this chapter shall be obtained no later
than January 31 of each year and, upon the payment of the appropriate
fee for each such license by said date, shall remain in full force
and effect until December 31 of the calendar year in which the fee
was paid, at which time said license shall expire.
(2) There shall be no discount periods or proration of any of the fees
established hereinabove for any machines, amusement devices, coin-operated
games, video games, mechanical devices and other apparatus placed
in the Borough after January 31 of each calendar year. The owner/operator
of any equipment placed in the Borough after January 31 of each calendar
year must obtain a license for each machine by paying the appropriate
full fee within five days of the placing of the machine in the Borough.
C. Violations and penalties. Any person, firm or corporation who violates
any provision of this section shall, upon conviction thereof, be sentenced
to pay a fine of not more than $600 and/or to undergo imprisonment
for a term not to exceed 90 days. Each day that a violation of this
section continues shall constitute a separate offense.
D. Reaffirmation of remaining provisions. All other provisions of this
chapter regulating amusement devices, coin-operated games, video games
and mechanical devices shall remain in full force and effect, except
as specifically amended by the terms of this section.
E. Effective date.
(1) The effective date of this section shall be retroactive to January
1, 1993.
(2) The terms and provision of this chapter shall remain in full force
and effect for and during the 1993 calendar year and for each succeeding
year thereafter without the need for further action by Council until
amended or repealed.
(3) In any calendar year in which Council approves a change in the fee
schedule, Council may, by motion, extend that January 31 deadline
for such time period as may be reasonably required to inform those
persons required to pay the fees established herein of the rate change.
Such time period may be subject to Council's discretion but shall
not be later than March 1 of each calendar year in which the fee change
shall take effect.
In addition to the annual fee required to be paid by the terms
of this chapter, each applicant for a new arcade license shall pay
a nonrefundable investigation fee of $35. No investigation fee shall
be required for renewals.
[Added 12-18-1999 by Ord. No. 484]
Any person, firm, corporation or other entity desiring to obtain a license as required in §
104-4 of this chapter shall apply therefor in writing to the Secretary of the Borough on forms to be furnished by the Secretary. Such applications shall contain enough information to enable Borough employees and officials to process the application and make the necessary investigation and shall contain the following specific 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. The vendor and proprietor have been provided a copy of this chapter
and he/they have read and agree to be bound by any/all terms and provisions
hereof.
G. A license does not sanction or condone the use or possession of any
illegal gambling device, whether illegal per se or as modified.
H. The illegal use or possession of an unlawful gambling device, either
per se or as modified, may result in a criminal prosecution by law
enforcement officials.
Upon receipt of an application for an arcade license, the Secretary shall provide a copy of the application and refer the matter to the Chief of Police for an investigation of the character of the individuals whose names and addresses are required to be furnished by §
104-6 of this chapter. The Secretary shall furnish a copy of the application and refer the matter to the Building Inspector of the Borough, to determine whether the proposed business will violate any provision of the zoning code or the building code of the Borough. The Chief of Police and Building Inspector shall report
within two weeks. The application, together with the report of the
Chief of Police and the report of the Building Inspector, shall be
filed with the Borough Secretary.
[Added 12-18-1999 by Ord. No. 484]
The following regulations shall apply to the issuance of a license:
A. No license shall be issued to a person who is not a citizen of the
United States.
B. No license shall be issued to a person who is not 21 years of age.
C. No license shall be issued to any person who has been found guilty
of or accepted accelerated rehabilitative dispositions, 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 license application date.
D. No license shall be issued for any video or mechanical amusement
device located within any premises that does not comply with the applicable
provisions of the building code and/or the zoning ordinances.
E. No license shall be issued for any video or mechanical amusement
device located within a business that does not comply with the provisions
of this chapter and with all applicable Borough, state and federal
laws.
[Added 12-18-1999 by Ord. No. 484]
No license shall be granted until a period of 14 days have elapsed from the application date, during which time the necessary investigations required by §
104-7 of this chapter shall be completed:
A. The Borough 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) Obtaining or displaying a 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) If the applicant or licensee illegally uses or possesses an unlawful
gambling device, either per se or as modified, the applicant or licensee
may be prosecuted by the Borough or other law enforcement officials.
Any license issued hereunder shall be renewed upon the filing
of an application for renewal and the payment of the annual fee, if
the business complies with all applicable laws and ordinances and
if there are no grounds for revocation of the arcade license. No investigation
fee shall be charged in connection with a renewal.
Each current arcade license issued under this chapter shall
be kept at the premises and available for inspection by the Building
Inspector, the Police Chief or other Borough employee at all times
that the premises are open for business.
The person in charge of any video game arcade or game arcade,
and the person in charge of the area of any other establishment where
video games are available for use by the public, shall not permit
any person under 16 years of age to remain in the arcade or area where
the games are available, on school days during the hours when school
is in session. The person in charge shall not use force to enforce
this requirement, but the truant officer may be called. A person under
16 who normally attends a private school or a school sponsored by
a religious organization in lieu of the public school, may be in an
arcade or in the area where games are kept, at times when the private
school or school sponsored by the religious organization is not in
session. Each licensee under this chapter shall display a sign with
substantially the following wording, or other wording giving substantially
the same meaning:
|
NOTICE
|
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|
IF YOU ARE UNDER 16 YEARS OF AGE, YOU WILL NOT BE ALLOWED TO
REMAIN IN THIS ARCADE ON SCHOOL DAYS DURING THE HOURS WHEN SCHOOL
IS IN SESSION.
|
[Added 12-18-1999 by Ord. No. 484]
A. In the event any applicant, vendor or proprietor falsifies any information
on an application for license of amusement devices, or violates this
chapter, the Borough shall immediately revoke all licenses issued
under this chapter to such applicant, vendor or proprietor.
B. 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. 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 application.
C. Any video or mechanical amusement device used or possessed in violation
of the Crimes Code of the Commonwealth of Pennsylvania, or this chapter,
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).
In devices requiring coins for operation, only United States
coins shall be used. The management of any establishment may sell
tokens or provide machines to sell tokens, to be used in games instead
of coins. No person shall defraud any business by using any foreign
coin, counterfeit coin or unauthorized token to obtain the use of
a game without paying for it.
Any violation of this chapter is hereby declared to be a nuisance.
In addition to any other relief provided by this chapter, the Borough
Solicitor may apply to a court of competent jurisdiction for an injunction
to prohibit the continuation of any violation of this chapter. Such
application for relief may include seeking a temporary restraining
order, temporary injunction or permanent injunction.
The Borough police department, Building Inspector or any other
duly authorized official shall make periodic inspections of all premises
where machines of amusement and games of skill for amusement are operated
for the purpose of enforcing this chapter.
[Added 12-18-1999 by Ord. No. 484]
Upon the payment of the license fee provided by this chapter,
and if the application fully complies with this chapter, the Borough
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 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 Secretary 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.
[Added 12-18-1999 by Ord. No. 484]
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.
[Added 12-18-1999 by Ord. No. 484]
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.
[Added 12-18-1999 by Ord. No. 484]
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 this chapter shall constitute a summary offense,
and upon conviction by the issuing authority for the magisterial district
which includes the Borough of Port Vue, be sentenced to pay a fine
of not less than $50, nor more than $600, 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. 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.