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.
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.