[HISTORY: Adopted by the Borough Council of the Borough of
Dormont 5-6-2002 by Ord. No. 1514 (Ch. 73 of the 1994 Code). Amendments
noted where applicable.]
No person or entity shall conduct a public exhibition, including
a circus, fair, carnival, rodeo, feat of horsemanship, menagerie,
caravan of animals, animal show, exhibition of any natural or artificial
curiosity or performance or exhibition of such nature, within the
Borough of Dormont without first obtaining a license for such performance
or exhibition from the Borough Manager.
Applications for licenses shall be made upon forms to be supplied
by the Borough Manager for that purpose. Applications shall contain
the following information:
A.
For all licenses required by this article:
(1)
The name and address and telephone number of the applicant.
(2)
The type of applicant, i.e., whether an individual, partnership,
corporation or other type of legal entity.
(3)
If the applicant is a natural person, the age, date and place of
birth and citizenship of the applicant and any resident natural agent
of the applicant.
(4)
If the applicant is a partnership, the names, addresses and telephone
numbers of all partners and managers.
(5)
If the applicant is a company, the names, addresses and telephone
numbers of all owners and officers and managers.
(6)
Any prior convictions of the applicant or any partners, owners, officers
or managers of the applicant for violation of any law or ordinance.
(7)
A statement that the applicant shall comply with all local, county,
state and federal requirements.
B.
For licenses to conduct public exhibitions as required by this article:
(1)
The proposed location and duration of the exhibition.
(2)
The nature of the exhibition to be presented.
(3)
A detailed list of each exhibition, entertainment, performance and/or
amusement device to be located on the proposed location of the event.
(4)
The number of pieces of equipment for music and all loudspeaker devices
and other devices for amplification of sound.
Upon presentation of an application as provided herein, the
Borough Manager may conduct an investigation as to the truth of the
statements contained therein and as to any or all other matters which
might tend to aid the Borough Manager in determining whether or not
a license should be granted. The Borough Manager may consider, among
other things, the effect of the amusement or exhibition upon the peace,
welfare and good order of the Borough when granting a license; the
Borough Manager may approve or disapprove each particular exhibition
and may also approve or disapprove any lighting system or device emitting
or amplifying sound used at any exhibition, as well as impose further
conditions, the violation of which shall constitute a violation of
this article and shall subject the violator, upon conviction, to the
penalties provided for offenses against this article.
The license fee for each public exhibition as required by this
article shall be as set forth from time to time by resolution of the
Borough Council for each day such exhibition shall continue, payable
at time of application. No renewals of such licenses shall be granted,
and subsequent exhibitions by past licensees shall require complete
new applications and investigations, unless such requirements shall
be waived by the Borough Manager.
Before any license shall be issued for any exhibition hereunder,
the applicant shall be required to secure a public liability insurance
policy in such principal sum as the Borough Manager may deem sufficient
to protect members of the public and the Borough and naming the Borough
as an additional insured. Said policy shall be issued by an insurance
company authorized to do business in the Commonwealth of Pennsylvania.
Licensees shall not permit gambling at any licensed exhibition
nor on any licensed premises, except as may be permitted by any local
ordinance which has been or may have been or may hereafter be enacted
by the Borough Council. No licensee shall permit the giving of any
performance of a lewd, suggestive, vulgar or immoral type or the use
therein of any indecent or obscene language or any behavior tending
to corrupt the public morals or incite the public to break any law
or ordinance. No licensee shall permit any disorderly, lewd, dissolute,
drunken or boisterous person, any person under the influence of intoxicating
liquor or narcotic or hallucinogenic drug or any person whose conduct
tends in any way to corrupt the public morals to be admitted to or
to remain in or about any licensed exhibition or premises.
A.
Licensees shall post their licenses conspicuously at the location
of the licensed exhibition or on the premises licensed.
B.
Licensees desiring to transfer their licenses to new locations within
the Borough shall submit an application for such relocation, change
or revision to the Borough Manager. No refund of any license fee shall
be made if an application for relocation, change or revision is disapproved.
C.
No license shall be transferable from an approved applicant to another
person or entity.
A.
The Borough Manager reserves the power to revoke any license issued
under the provisions of this article at any time in cases in which
such license was procured by fraud or false representation of facts
or for the violation of or failure to comply with any provision of
this article by any licensee or servant, agent or employee of the
licensee or the conviction of the licensee of any crime or offense
involving moral turpitude or the conviction of any of the licensee's
servants, agents or employees of any crime or offense involving moral
turpitude committed on the location or premises licensed.
B.
In the case of any public exhibition as described in this article,
such revocation shall be effective upon the service of a notice of
revocation by either person, mail or posting on the location for which
a license is issued, and said public exhibition shall cease operations
immediately.
Any person or persons, firm, partnership, company or corporation
who violates or permits a violation of this article 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 less than $50 nor 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
Borough correctional facility for a period not exceeding 10 days or
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 article 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 article in equity
in the Court of Common Pleas of Allegheny County.
In the construction of this article, the rules and definitions
contained in this article 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.
The Borough of Dormont intends to favor the public interest as against
any private interest.
G.
The headings prefixed to sections and other divisions of this article
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, when used in this article 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 and/or other
electronic device, machine or apparatus whatsoever for the playing
of games and amusement.
Any individual, partnership, company or corporation that
seeks to obtain a license for an amusement device under this article.
The document filed by an applicant requesting a permit to
possess in the Borough of Dormont any amusement device.
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 a coin, currency, metal disc, slug or token.
Any individual, partnership, company or corporation that
owns, leases or maintains a business establishment in which any 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, company or corporation that
is the lawful owner of any amusement device for which a license is
sought under this article, or any individual, partnership, company
or corporation that makes, assembles, sets up, maintains, sells, lends,
leases, gives away, or offers for sale, loan, lease or gift any amusement
device for which a license is sought under this article.
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
operate any business or premises within the Borough of Dormont wherein
are located any amusement device for the playing of games and amusements
without first having procured a license therefor as hereinafter provided
in this article. There shall be no more than eight amusement devices
per business establishment.
Any person, firm, corporation or other entity, desiring to procure a license as required in § 76-12 of this article, shall apply therefor in writing to the Borough Manager. Said application shall set forth the following information:
A.
The name, address and telephone number of the vendor of each amusement
device to be licensed.
B.
The name, address and telephone number of the proprietor of the business
establishment in which each amusement device is to be located, used
or installed.
C.
The location and description of each amusement device to be displayed
or operated on the premises.
D.
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.
E.
That the vendor and proprietor have been provided a copy of this
article and that he/they have read and agree to be bound by all terms
and provisions hereof.
F.
That a license does not sanction or condone the use or possession
of any illegal gambling device, whether illegal per se or as modified.
G.
That the illegal use or possession of an illegal gambling device,
either per se or as modified, may result in a criminal prosecution
by law enforcement officials.
The Borough Manager shall not issue a license for any amusement
device to any person who:
A.
No license shall be granted until a period of 10 days shall have
elapsed from the date of application, during which time the Borough
Manager may, at his or her discretion, investigate the facts set forth
in the application.
B.
The Borough Manager shall refuse to issue a license for any device
that the applicant has not affirmed is not designed or intended to
be used for illegal gambling purposes.
C.
A license shall not be issued unless the applicant acknowledges:
(1)
That obtaining or displaying a Borough of Dormont 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;
and
(2)
That if the applicant or licensee illegally uses or possesses an
illegal gambling device, either per se or as modified, he may be prosecuted
by local or other law enforcement officials.
Nothing in this article shall be construed to authorize, license
or permit any illegal gambling devices whatsoever, or any mechanism
that has been judicially determined to be an illegal gambling device,
either per se or as modified, or that is 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.
A.
There shall be an annual license fee for each premises wherein are
located any video or amusement device, which fee shall be as set forth
from time to time by resolution of the Borough Council. An annual
license renewal is required for places wherein are located any amusement
device. Renewals of such licenses shall require merely the updating
of any obsolete information contained in the original application
for license, submission of the annual license fee and approval of
the renewal by the Borough Manager. Renewals shall be applied for
at least 60 days prior to the date of expiration of the current license.
B.
License fees submitted with applications which are either withdrawn
by applicants or denied by the Borough Manager shall be refundable,
less actual costs of investigation incurred by the Borough. Unexpended
or unused licenses shall not, however, enable the licensee to gain
a refund of license fees paid for licenses after such licenses shall
have been approved by the Borough Manager.
Upon the payment of the license fee provided by this article,
and if the application fully complies with this article, the Borough
Manager shall issue a certificate setting forth the number of the
license and the place description and number of each machine permitted
by the license so that the same may be clearly observable and readable.
The certificate shall state that the amusement device is for amusement
purposes only, that it is not an illegal gambling device and that
only games and not money may be won on the machine or device.
The Borough Manager or an agent of the Borough may, during regular
business hours, conduct inspections of any business establishment
where any amusement device licensed under this article is located,
installed, placed or used, to ensure compliance with this article.
In the event any applicant, vendor or proprietor falsifies any
information on an application for license of amusement devices, or
violates this article, the Borough shall immediately revoke all licenses
issued under this article to such applicant, vendor or proprietor.
Moreover, in the event the Borough becomes aware that a proprietor
is convicted of possessing or using an illegal gambling device, the
Borough shall revoke all licenses issued to such proprietor.
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 illegal 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.
Any person or persons, firm, partnership, company or corporation
who violates or permits a violation of this article 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 less than $50 nor 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
Borough correctional facility for a period not exceeding 10 days or
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 article 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 article in equity
in the Court of Common Pleas of Allegheny County.
