[Adopted 3-7-1983 by Ord. No. 1-1983 (Ch. 122, Art. IV, of the 1985 Code)]
[1]
Editor's Note: The enacting clause cites the Local Tax Enabling Act as the authority for the enactment of this article.
Unless otherwise expressly stated, the following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section:
DISTRIBUTOR
Includes any person who shall, either as owner or agent, sell, lease, lend, deliver or furnish to, or place or cause to be placed in the possession of, any operator, any mechanical device, machine or apparatus whatsoever for the playing of games and amusement, which, upon the insertion of a coin, slug, token, plate or disk, may be operated for use as a game, entertainment or amusement, whether or not registering a score and whether or not a prize is offered.
GAME DEVICES
Any mechanical electronic, video or computerized device, machine or apparatus whatsoever for the playing of games and amusements, which, upon the insertion of a coin, slug, token, plate or disk, may be operated as a game, entertainment or amusement, whether or not registering a score and whether or not a prize is offered.
JUKEBOX
All manner and kinds of coin-operated music boxes or phonographs.
OPERATOR
Includes any person who shall at any time keep, operate, have in his possession or hold out to the public in any business establishment or in any public place within the Borough of Spring Grove any such game device, machine or apparatus.
PERSON
Includes any individual, partnership, unincorporated association or corporation.
For the year 1983 and each following year, no person shall act as an operator or distributor of any such game device, etc., without first having procured a license therefor, as hereinafter provided in this article.
Any person desiring to procure a license as operator, as provided in § 362-2, shall apply therefor in writing to the Mayor. Said application shall set forth the name(s), the residence(s) of the person(s) so applying, together with the present and previous occupation of the applicant(s) and the length of residence at the present and the previous place of residence; the name of the owner(s) of the premises upon which the aforesaid machines are to be used and installed, and if the owner(s) of the premises is not the applicant, then the applicant shall set forth the length of time for which the premises has been leased. The application shall also set forth the manufacturer and nature of the machine to be installed and used and the name of the distributor from whom the machine is to be secured.
Any person desiring to procure a license as distributor, as provided in § 362-2, shall apply therefor in writing to the Mayor. Said application shall set forth the name(s), the residence(s) and places of business of the person so applying, together with the present and previous occupation of the applicant(s) and the length of residence at the present and at the previous place of residence.
The information required in §§ 362-3 and 362-4 hereof shall be furnished over the signature of the applicant(s) and shall be made under oath before the Mayor, Borough Secretary or any other person legally authorized to administer same.
No license shall be granted by the Mayor until a period of seven days shall have elapsed from the date of the application, during which time he may, at his discretion, investigate the facts set forth in the application. Any license issued under this article, either for operator(s) or distributor(s), shall be nontransferable to any other person(s).
Nothing in this article shall in any way be construed to authorize, license or permit any gambling devices whatsoever, or any game device that has been judicially determined to be a gambling device or in any way contrary to law or that may be contrary to any present or future laws of the Commonwealth of Pennsylvania.
[Amended 8-5-1991 by Ord. No. 5-1991]
No license shall be issued to an operator until an annual tax therefor shall have been paid to the Treasurer of the Borough of Spring Grove in such amount as shall be from time to time established by the Borough Council by resolution for each game device or jukebox used in the Borough of Spring Grove, as defined in this article, which amount paid as aforesaid shall be a license fee.
[Amended 8-5-1991 by Ord. No. 5-1991]
No license shall be issued to a distributor until an annual tax therefor shall have been paid to the Treasurer of the Borough of Spring Grove in such amount as shall be from time to time established by the Borough Council by resolution.
Upon payment of the tax imposed in this article, the Mayor shall furnish to the person(s) paying such tax a receipt showing machines or jukeboxes, or both, upon which said person(s) has paid a tax, which said receipt shall be prominently displayed by such person(s) on or adjacent to the gaming devices or jukeboxes upon which such tax has been paid.
[Amended 8-5-1991 by Ord. No. 5-1991]
In the case of the loss, defacement or destruction of any original receipt, license, certificate or seal, the person(s) to whom such receipt, license, certificate or seal was issued shall apply to the Mayor, who may issue a replacement thereof upon the payment of a fee in such amount as shall be from time to time established by the Borough Council by resolution, and who shall amend the duplicate of the same aforesaid of the first receipt first issued in case a new receipt has been issued.
[Amended 8-5-1991 by Ord. No. 5-1991]
Any operator who shall violate any of the provisions of this article shall, upon conviction thereof before the Magisterial District Judge having jurisdiction, be liable to a fine or penalty not exceeding $600 for each and every offense, and costs of prosecution thereof, and in default thereof, to undergo imprisonment in the county jail for a period not exceeding 30 days, provided that such fine and penalty shall be in addition to any other penalty imposed by any other section of this article, including neglecting, failing or refusing to furnish complete and correct reports or returns or to pay over any tax levied by this article at the time required, or knowingly making any incomplete, false or fraudulent returns or attempting to do anything whatever to avoid payment of the whole or any part of the tax imposed under this article.
[Amended 8-5-1991 by Ord. No. 5-1991]
Any distributor who shall violate any of the provisions of this article shall, upon conviction thereof before the Magisterial District Judge having jurisdiction, be liable to a fine or penalty not exceeding $600, and costs of prosecution thereof, and in default thereof, to undergo imprisonment in the county jail for a period not exceeding 30 days, provided that each and every day on which any person shall act as a distributor without first having procured a license as provided by this article shall constitute a separate and distinct offense and shall subject such person to a separate and distinct penalty hereunder.
Unless this article is repealed or substantially modified, it shall continue in force during the next year following and thereafter from year to year until repealed or substantially changed.