[HISTORY: Adopted by the Borough Council of the Borough of New Eagle 10-4-2016. Amendments noted where applicable.]
Unless the context clearly indicates otherwise, the following words and phrases, when used in this chapter or in an application for license for amusement devices, shall have the meanings given to them in this section:
- AMUSEMENT DEVICE
- Video or electronic mechanical device, jukebox and/or any 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 chapter.
- APPLICATION FOR LICENSE OF AMUSEMENT DEVICES
- The document filed by an applicant requesting a permit to possess in the Borough any amusement device.
- 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.
- GAMBLING DEVICE
- Any device, machine or apparatus used for the playing of poker, blackjack, keno, bingo or other games by the insertion therein of any coin, currency, metal disc, slug or token.
- 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 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.
- 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 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 chapter, 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 chapter.
- 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.
No person, firm, partnership, corporation or other entity shall operate any business or premises within the Borough wherein is located any amusement device for the playing of games and amusements without first having procured a license therefor as hereinafter provided in this chapter.
Any person, firm, corporation or other entity desiring to procure a license as required in § 104-2 of this chapter shall apply therefor in writing to the Borough Secretary. Said application shall set forth the following information:
The name, address and telephone number of the vendor of each amusement device to be licensed.
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.
The location and description of each amusement device to be displayed or operated on the premises.
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.
That the vendor and proprietor have been provided a copy of this chapter and that he/they have read and agree to be bound by all terms and provisions hereof.
That a license does not sanction or condone the use or possession of any illegal gambling device, whether illegal per se or as modified.
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 Secretary shall not issue a license for any amusement device to any person who:
No license shall be granted until a period of 10 days shall have elapsed from the date of application, during which time the Borough Secretary may, at his or her discretion, investigate the facts set forth in the application.
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 illegal gambling purposes.
A license shall not be issued unless the applicant acknowledges:
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; and
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 chapter 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.
There shall be an annual license fee for January 1 to December 31 for each premises wherein is located any video or electronic amusement device, which fee is determined by the type and number of devices, as follows:
Annual fees must be paid by April 15 of each year or within 30 days of installation of the device.
An annual license renewal is required for places wherein is 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 Secretary. Renewals shall be applied for at least 60 days prior to the date of expiration of the current license.
License fees submitted with applications which are either withdrawn by applicants or denied by the Borough Secretary 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 Secretary.
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 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 Secretary or an agent of the Borough may, during regular business hours, conduct inspections of any business establishment where any amusement device licensed under this chapter is located, installed, placed or used to ensure compliance with this chapter.
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. 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 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.