[HISTORY: Adopted by the Borough Council of the Borough of
Burgettstown 1-20-1976 by Ord. No. 22 (Ch. XIII, Part 1B, of
the 1976 Code of Ordinances); amended in its entirety 8-6-2007 by Ord. No.
2007-2. Subsequent amendments noted where applicable.]
A.
MECHANICAL AMUSEMENT DEVICE
PERSON
As used in this chapter, the following terms shall have the meanings
indicated:
Any device which, upon insertion of a coin, slug, token,
plate or disc, may be operated for use as a game, entertainment or
amusement, whether or not registering a score, provided that the term
"mechanical amusement device" shall not include any gambling device
or any mechanism which has been judicially determined or which may
be judicially determined in the future to be a gambling device.
Any natural person, association, partnership, firm or corporation.
B.
In this chapter, the singular shall include the plural, and the masculine
shall include the feminine and the neuter.
No person may at any time have in his possession, at any place
within the Borough of Burgettstown, any mechanical amusement device
without first having procured a license therefor from the Borough
Secretary-Treasurer.
Any person desiring to procure a license for a mechanical amusement
device shall apply therefor in writing to the Borough Secretary-Treasurer.
Such application shall set forth the name of the applicant, the address
at which such device is to be located, and the number and character
of devices to be installed at such address for use thereon. Such information
shall be furnished over the signature of the applicant and shall be
made under oath or affirmation. No license shall be granted until
a period of two days shall have elapsed from the date of application,
during which time the Secretary-Treasurer may, at his discretion,
investigate the facts set forth in the application.
A.
Following the waiting period in § 168-3 of this chapter, and upon payment by the applicant of a license fee as hereinafter provided for every mechanical amusement device sought to be licensed, a license shall be issued by the Borough Secretary-Treasurer to the applicant. Such license shall be valid for the entire calendar year for which it is issued and shall expire following the last day of such calendar year. The license fee for such mechanical amusement device shall be in an amount as set by resolution of the Borough Council.[1]
B.
Any applicant who is issued a license and pays the annual fee by the first day of December prior to the year for which the permit is issued shall receive a two-percent discount as to the total amount paid or shall only be required to pay 98% of the amount due. In addition to the penalty and/or enforcement provisions contained in § 168-8 below, any person who fails to pay the application fee by January 1 for the year in which the fee is due shall pay a civil penalty of 10% of the amount unpaid as of January 1. The amount of the civil penalty shall be in addition to any and all other fines, penalties or sanctions that are otherwise due and imposed herein, and a person who is responsible for paying the same and has failed to do so shall be subject to and responsible for paying any and all court costs, attorneys' fees and expenses incurred by the Borough pertaining to the collection.[2]
C.
Provided: such license shall authorize the installation or location
and use, upon the premises specified therein, of the number of mechanical
amusement devices for which the aforesaid license fee shall have been
paid, but nothing herein shall prohibit the change or exchange of
such mechanical amusement devices, so long as the total number of
such devices installed or located in and about such premises shall
not at any time exceed the number set forth in the original application.
Whenever the total number of such devices installed or located in
or about any premises shall exceed the total number for which the
license was granted, application shall be made for a license for such
additional number, and the fee shall be paid therefor. Provided, further:
any license for any mechanical amusement device issued on or after
the first day of July in any year shall be issued upon payment of
the sum of 1/2 of the fee as hereinabove provided.
D.
Except as to broken or defective machines, the permit, approval,
and/or sticker issued for any subject machine is nontransferable.
Therein at any time a machine is replaced, substituted or the like
by another machine, the other or new machine is subject to the provisions,
requirements and conditions contained in this chapter wherein a new
application and application fee and/or registration fee must be submitted
and paid. No substitute or replacement machine may be installed or
used until such time as the appropriate application and/or permit
or sticker has been issued. There shall be no credit for or any discount
as to the amount of the license fee previously paid for the removed
or substituted machine. As to broken machines or machines that require
repair, if the subject machine is nonrepairable, a new sticker must
be obtained for the substitute machine; however, the fee for the permit
and/or sticker for the substitute machine shall be waived for the
balance of the term that the original sticker was issued for the original
machine.
Prior to the expiration date of any license issued under this
chapter, the holder of such license shall apply to the Borough Secretary-Treasurer
for a license for the following year. The same provisions shall govern
the issuance of such license as are set forth in the preceding sections
of this chapter.
The Borough police shall make periodic inspection of mechanical
amusement devices licensed under this chapter.
Any license issued under this chapter shall be exhibited at
any time on request of any police officer serving the Borough. The
Council may revoke any license hereunder granted, upon recommendation
of the Police Chief serving the Borough, when Council deems such revocation
to be necessary for the benefit or protection of the public health,
safety or morals. A simple majority vote shall be required.
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this chapter in equity
in the Court of Common Pleas of Washington County.
