[HISTORY: Adopted by the Borough Council of the Borough of
Whitaker 12-30-1981 by Ord. No.
3-1981. Amendments noted where applicable.]
The following words and phrases when used in this chapter shall
have the meaning ascribed to them in this section unless the context
indicates a different meaning:
All manners and forms of entertainment, recreation or pastime,
exhibitions, contests, displays and games.
The area within the corporate limits of the Borough of Whitaker.
Regular monetary charge of any character received from the
general public or a limited or selected number thereof, directly or
indirectly, for the privilege of playing, viewing or hearing such
mechanical, electrical or electronic device.
The fiscal year beginning January 1, 1982, and ending at
12:00 midnight December 31, 1982, and from thereon shall mean the
twelve-month period from January 1 through December 31.
Any machine or apparatus whatsoever solely utilizing gears,
electrical current, circuits, electronic ions, rays or beams, computer
chips, fuel or solar cells or any other technological methods, magnets
or in a combination thereof, offered for an established price for
the purpose of amusement, recreation or for games of skill and/or
chance.
Any mechanical device which, upon payment of an established
price, whether it be by insertion of a coin, metal disc, slug, token
or other form of monetary exchange, solely reproduce audio sounds.
Any individual, partnership, limited partnership, association,
corporation, trust or estate. Whenever used in any section, the term
"person" as applied to associations or partnerships shall mean the
members or partners thereof and, as applied to corporations, the officers
thereof.
The Secretary of the Borough of Whitaker.
Any mechanical device offered for an established price to
the general public or a select number thereof which reproduces images
from film, tape, discs or any other technological method. This definition
does not include devices used in motion-picture theatres or drive-in
theatres as these nomenclature are commonly understood and whose principal
business is to exhibit motion pictures by projecting images upon a
screen to be viewed by a common audience at a scheduled time, but
does include devices which are viewed at random by paying the established
price, such devices may be commonly known as "video jukeboxes," "peep
shows" or any other nomenclature.
A.
No person
or persons shall at any time offer to the general public within the
Borough of Whitaker for an established price any mechanical, electrical
or electronic device for the playing of games and amusements without
first having procured a license therefor as hereinafter provided by
this chapter.
B.
On or after
the effective date of this chapter, it shall be unlawful for any person
or persons to offer to the general public, or a limited or selected
number thereof, mechanical, electrical or electronic devices, music
boxes or video devices unless a mechanical device license shall have
been issued to him.
Any person or persons desiring to procure a mechanical device
license shall apply therefor in writing to the Secretary of the Borough
of Whitaker. Said application shall set forth the name or names, the
residence or residences of the person or persons desiring to procure
said license, if the business is a fictitious name, in addition to
the fictitious name the applicant shall state the name and address
of the owners and principal place of business. If the applicant is
a corporation, the application shall state, in addition to the principal
address of the corporation, the name and address of the Chairman of
the Board, the Board of Directors and the President of the Corporation.
If the officers of said corporation are changed, the corporation shall
give immediate notice to the Borough of Whitaker of the name and address
of the new officers. The applicant shall state the name of the owner
of the premises upon which the aforesaid mechanical, electrical or
electronic device, music boxes or video devices are to be used and
installed and, if the owner of the premises is not the applicant,
then the applicant shall set forth the length of time for which the
premises have been leased. The applicant shall also set forth the
nature and type of machine or machines to be installed and used together
with the manufacturer's name and manufacturer's serial number. If
the machine does not contain a manufacturer's serial number plate
which is in clear view of the general public, then the applicant shall
imprint a series of numbers for identification purposes upon said
machine. The information heretofore required in the application shall
be furnished over the signature of the applicant or applicants and
shall be made under oath or affirmation.
No license shall be granted until a period of seven days shall
have lapsed from the date of application, during which time the officials
or employes of the Borough of Whitaker may, at their discretion, investigate
the facts set forth in the application. No license shall be transferable
from person to person or from premises to premises.
This chapter shall not, in any way, be construed to authorize
or permit any gambling devices, or any mechanisms that have been judicially
determined to be a gambling device, or in any other way contrary to
the law, or that may be contrary to any present or future laws of
the Commonwealth of Pennsylvania, United States of America, or ordinance
of the Borough of Whitaker; nor shall the granting of a license be
construed to authorize material, whether visual, audible or a combination
of both, which may be construed to be pornographic in nature which
is prohibited by the laws of this commonwealth, United States of America,
or of ordinances of the Borough of Whitaker.
No license shall be issued until a fee, as hereinafter set forth,
is paid annually to the Secretary of the Borough of Whitaker for each
and every mechanical or electrical or electronic device, music box
or video device.
[Amended 1-11-1995 by Ord. No. 1-1995; 1-8-2003 by Ord. No. 1-2003]
A.
Each person offering, holding or possessing mechanical, electrical
and electronic devices, music boxes and video devices for an established
price or fee shall, at the time of making application for such a device
and on an annual basis thereafter, pay a licensing fee in accordance
with the following schedule:
|
Type
|
Annual License Fee
|
|---|---|
|
Mechanical, electrical or electronic device
|
$330 per device
|
|
Video device
|
$330 per device
|
|
Music box device
|
$230 per device
|
|
Any combination of device mentioned in this schedule
|
$330 per device
|
The Mayor of the Borough of Whitaker or any police officer of
the Borough of Whitaker as the Mayor may designate in his discretion
shall have the following duties and powers of administration:
A.
To verify the information received from the applicant.
B.
To periodically visit establishments open to the general public of
a select number thereof to determine if all mechanical, electrical
or electronic devices, music boxes or video devices are properly licensed.
C.
To periodically inspect the premises to ensure compliance with ordinances
of the Borough of Whitaker and Allegheny County, statutes of the Commonwealth
of Pennsylvania, including regulations pursuant thereto, and the laws
of the United States of America. If the Mayor or his designated officer
does find a violation of any ordinance, statute, regulation or law,
the Mayor or his designated officer shall issue a citation or file
a complaint with the proper judicial authority or, if the violation
is one normally regulated by an administrative agency such as the
Allegheny County Health Department or Fire Marshal or the Pennsylvania
Department of Labor and Industry, or any other regulatory agency,
the Mayor shall notify said agency of the violation.
A.
All licenses issued for a license year are for a specific mechanical device, music box or video device or a combination thereof, and for a specific premises or location and are not transferable from premises to premises or from person to person. Any change in the premises or location of mechanical device licenses and/or the transfer of ownership of mechanical devices, regardless of location, requires a new license application and payment of license fees heretofore cited in § 82-7.
B.
Provided, however, a license issued for a license year may be transferred
from one mechanical device of the same type to a substitute mechanical
device of the same type as long as the premises or location, ownership
and the total number of mechanical devices licensed to that premises
or location does not change. Any additional mechanical devices or
transfer from one premises to another premises which results in additional
mechanical devices on said premises or any transfer of ownership shall
require a new application and payment of the license fee as heretofore
set forth.
The Mayor or his designated officer may put a lead or any other
type of seal upon any device for which no license fee was paid for
the license year or for which an erroneous license fee was paid whether
through mistake, error, misrepresentation or failure to pay or make
application or any other reason. While said devices are under seal,
the owner, proprietor, manager, or person in charge shall be severally
and jointly responsible for any unlawful use of said sealed devices.
All sealed devices shall not be offered for an established price until
a valid license is issued and the fees paid thereon, whereupon the
Mayor or his designated officer shall remove the seals.
Every person who makes application for a mechanical device license
and/or is granted a mechanical device license shall be legally responsible
for the following:
A.
To ensure that the business where such mechanical devices are located
is operated in a peaceful and orderly manner and not conducted in
such a manner as to annoy the public or surrounding neighborhood.
B.
To ensure that no noise, either from the mechanical devices or from
the patrons or a combination of both, which can be heard solely by
the ear shall be transmitted or heard beyond the premises where the
mechanical devices are located.
C.
To ensure that none of the video devices exhibit obscene or pornographic
matter, or actual or simulated sexual acts or nude human bodies.
D.
To prevent loitering of persons on or about the area which is under
the control or ownership of the persons who operate, run or own the
business or premises where the devices are housed.
E.
To be truthful on all information requested on the application.
F.
To inform the Secretary of the Borough of Whitaker of any change
in data or information provided on said application within 10 days
after the said changes have occurred.
G.
To make annual application for said license and to pay the annual
license fee.
H.
To comply with all the requirements of this chapter, whether set
forth in this section or omitted, and to comply with all other ordinances
of the Borough of Whitaker, County of Allegheny, laws or statutes
of the Commonwealth of Pennsylvania or laws of the United States of
America.
The Mayor or his designated officer, except in cases of failure to make application for a license, failure to pay the required fee, or a violation of § 82-11C, shall utilize the following procedure:
A.
Give written notice of the violation and set a period of time to
correct said violation which is reasonable under the circumstances,
but in no event longer than a period of 30 days, unless the violation
is serious and warrants the immediate attention of Borough Council.
B.
On a serious violation, or a second or subsequent violation, the
license shall be suspended and the matter referred to Borough Council
for an administrative hearing.
C.
After an administrative hearing, Borough Council may, in its discretion,
place additional terms and duties upon the licensee to insure the
health, safety and welfare of the public; continue the suspension,
but in no event longer than a twelve-month period; or may revoke the
license.
D.
Any person who has had his mechanical device license revoked shall
not be eligible for a mechanical device license for a period of three
years; and any premises or location which housed mechanical device
licenses upon which a license was revoked may not house or be the
location or premises for mechanical device licenses for a period of
three years.
Any person who fails to make an annual application for a license
or fails to pay the annual fee, in addition to being subject to the
penalties heretofore or hereinafter set forth, shall be subject to
the following civil penalties:
A suspension of a mechanical device license shall act as a suspension
of all mechanical device licenses which are located on the same premises.
A revocation of a mechanical device license shall act as a revocation
of all mechanical device licenses located on the premises and shall
also act as a revocation of all mechanical device licenses granted
to the person within the Borough of Whitaker.
A.
Any person aggrieved by a decision of the Mayor, his designated officer
or the Borough Secretary may appeal to the Council of the Borough
of Whitaker within 10 days after said decision. Any such appeal shall
be made in writing by certified mail to the Council of the Borough
of Whitaker. Upon receipt of the appeal within the aforesaid ten-day
period of limitation, Borough Council shall afford the aggrieved person
a hearing. After such hearing, the Council of the Borough of Whitaker
shall either rescind the aforesaid decision or, good cause appearing
therefor, shall affirm the decision.
B.
Appeals from decision of the Borough Council under this section may
be taken by any person aggrieved to a court of competent jurisdiction
within 30 days after notice of the decision is issued as provided
by law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 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 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 Allegheny County.
The provisions of this chapter are severable. If any sentence,
word, phrase, clause or section of this chapter is for any reason
found to be unconstitutional, illegal or invalid, such unconstitutionality,
illegality or invalidity shall not affect or impair any of the remaining
provisions, sentences, words, phrases, clauses or sections of this
chapter. It is hereby declared to be the intent of the Council of
the Borough of Whitaker that this chapter would have been adopted
had such unconstitutional, illegal or invalid sentence, word, phrase,
clause or section had not been included herein. If the fee, or any
portion thereof, imposed upon any person under the provisions of this
chapter shall be held by any court of jurisdiction to be in violation
of the Constitution of the United States or the laws and Constitution
of the Commonwealth of Pennsylvania, the decision of the court shall
not affect nor impair the right to impose the fee or the validity
of the fee so imposed upon any other persons as herein provided.
