[Ord. 564, 3/2/1998, § 2]
This Part shall be known as the "Mechanical Device Amusement
Tax Ordinance."
[Ord. 564, 3/2/1998, § 4]
1.Â
In the construction of this Part, the rules and definitions contained
in this section shall be observed and applied, except when the context
clearly indicates otherwise:
A.Â
Words used in the singular shall include the plural, and the plural
the singular.
B.Â
Words used in the past or present tense shall include the future
tense.
C.Â
Words used in the masculine gender shall include the feminine and
neuter.
D.Â
The word "shall" is always mandatory and is not discretionary.
E.Â
The word "may" is permissive.
F.Â
That the Township of Collier intends to favor the public interest
as against any private interest.
G.Â
The headings prefixed to sections and other divisions of this Part
shall not be considered to control but may be used to aid in the construction
thereof.
H.Â
General words shall be construed to take their meanings and be restricted
by preceding particular words.
[Ord. 564, 3/2/1998, § 5]
Unless the context clearly indicates otherwise, the following
words and phrases, used in this Part or in an application for license
of amusement devices, shall have the meaning given to them in this
section:
Video or mechanical amusement device, jukebox, or pool table
and/or other electronic device, machine or apparatus whatsoever, for
the playing of games and amusement.
Any individual, partnership, or corporation who seeks to
obtain a license for an amusement device under this Part.
The document filed by an applicant requesting a permit to
possess in the Township of Collier any video or mechanical amusement
device, jukebox, or pool table and/or other electronic device, machine,
or apparatus whatsoever, for the playing of games and amusement.
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 knock off 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 coin, currency, metal disc, slug, or token.
Any individual, partnership, or corporation who owns, leases,
or maintains the business establishment in which any jukebox, pool
table, or video or mechanical 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, or corporation who is the lawful
owner of any jukebox, pool table, or video or mechanical amusement
device for which a license is sought under this Part, or any individual,
partnership, or corporation who makes, assembles, sets up, maintains,
sells, lends, leases, gives away, or offers for sale, loan, lease,
or gift, any jukebox, pool table, or video or mechanical amusement
device for which a license is sought under the Part.
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."
[Ord. 564, 3/2/1998, § 6]
No person, firm, partnership, corporation, or other entity,
shall at any time have in his/their possession within the Township
of Collier any video or mechanical amusement device, jukebox or pool
table for the playing of games and amusement without first having
procured a license therefor as hereinafter provided in this Part.
[Ord. 564, 3/2/1998, § 7]
1.Â
Any person, firm, corporation, or other entity, desiring to procure a license as required in § 13-304 of this Part, shall apply therefor in writing to the Collier Township Treasurer. Said application shall set forth the following information:
A.Â
The name and residence of the vendor of each jukebox, gambling device,
either per se or as modified, may result in a criminal prosecution
by law enforcement officials.
[Ord. 564, 3/2/1998, § 8]
1.Â
The Collier Township Treasurer shall not issue a license for any
video or mechanical amusement device to any person who:
A.Â
Is not a citizen of the United States.
B.Â
Is not 21 years of age.
C.Â
Has been found guilty of or accepted accelerated rehabilitative disposition
for possessing or using a video or mechanical amusement device in
violation of the Crimes Code of the Commonwealth of Pennsylvania,
18 Pa.C.S.A. § 101 et seq., within three years of the date
of the application.
[Ord. 564, 3/2/1998, § 9]
1.Â
No license shall be granted until a period of 10 days shall have
elapsed from the date of application during which time the Collier
Township Treasurer may, at his or her discretion, investigate the
facts set forth in the application:
A.Â
The Collier Township Treasurer shall refuse to issue a license for
any device that the applicant has not affirmed is not designed, or
intended to be used, for gambling purposes.
B.Â
A license shall not be issued unless the applicant acknowledges:
(1)Â
That obtaining or displaying a Collier Township 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.
(2)Â
That if the applicant or licensee illegally uses or possesses
an unlawful gambling device, either per se or as modified, he may
be prosecuted by the Township of Collier or other law enforcement
officials.
[Ord. 564, 3/2/1998, § 10]
Nothing in this Part shall be construed to authorize, license,
or permit any gambling devices whatsoever, or any mechanism that has
been judicially determined to be a gambling device, either per se
or as modified, or 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.
[Ord. 564, 3/2/1998, § 11]
1.Â
No license shall be issued until the following annual fees shall
have been paid by the applicant to the Township of Collier for each
and every device to be installed or used:
2.Â
The above annual fees paid shall be a license fee until December
31 of each year; except, however, should any such device be installed
after July 1 of any year, and an application therefor is made after
such date, then in such event, the license fee for that particular
year, until December 31, shall be as follows:
[Ord. 564, 3/2/1998, § 12]
Upon the payment of the license fee provided by this Part, and
if the application fully complies with this Part, the Collier Township
Treasurer shall issue a disc, plate, or sticker setting forth the
number of the license for each machine so licensed, and said disc,
plate, or sticker shall be attached and fastened to the respective
machine or device so that the same may be clearly observable and readable.
Discs, plates, or stickers issued for a particular machine or device
are not transferable to another machine or device. All discs, plates,
or stickers issued by the Township of Collier for video and mechanical
amusement devices shall state that the video or mechanical amusement
device is for amusement purposes only, that it is not a gambling device
and that only games and not money may be won on the machine or device.
[Ord. 564, 3/2/1998, § 13]
The Township of Collier or its agents may, during regular business
hours, conduct inspections of any business establishment where any
video or mechanical amusement device, jukebox, or pool table licensed
under this Part is located, installed, placed, or used, to ensure
compliance with this Part.
[Ord. 564, 3/2/1998, § 14]
1.Â
In the event any applicant, vendor, or proprietor falsifies any information
on an application for license of amusement devices, or violates this
Part, the Township of Collier shall immediately revoke all licenses
issued under this Part to such applicant, vendor or proprietor.
2.Â
Moreover, in the event a vendor of a video or mechanical amusement
device or a proprietor of a business establishment is convicted of
possessing or using a video or mechanical amusement device in violation
of the Crimes Code of the Commonwealth of Pennsylvania, 18 Pa.C.S.A.
§ 101 et seq., the Township of Collier shall revoke each
license issued to such person, as an applicant, vendor, or proprietor.
3.Â
Additionally, the Township of Collier shall not issue a license of
amusement devices to any person who has been found guilty of or accepted
accelerated rehabilitative disposition, for possessing or using a
video or mechanical amusement device in violation of the Crimes Code
of the Commonwealth of Pennsylvania, 18 Pa.C.S.A. § 101
et seq., within three years of the date of application.
4.Â
Any video or mechanical amusement device used or possessed in violation
of the Crimes Code of the Commonwealth of Pennsylvania, 18 Pa.C.S.A.
§ 101 et seq., or this Part, may be deemed contraband and
forfeited in accordance with the provisions set forth in 18 Pa.C.S.A.
§ 6501(d) (relating to scattering rubbish).
[Ord. 564, 3/2/1998, § 15]
Because the Township of Collier intends to foster compliance
with the laws of the Commonwealth of Pennsylvania and the United States
regarding illegal possession and/or use of gambling devices, no Township
of Collier 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.
[Ord. 564, 3/2/1998, § 16; as amended by Ord. 652,
4/13/2011]
For each and every violation of the provisions of this Part,
any person or persons, firm, partnership or corporation, violating
any of the provisions of this Part, upon conviction thereof, shall
be sentenced to pay a fine of not less than $50 nor more than $1,000
plus costs and, in default of payment of said fine and costs, to a
term of imprisonment not to exceed 30 days. Each and every day that
any machine or device is used and operated in violation hereof shall
constitute a separate and distinct offense under this Part and shall
be subject to separate and distinct penalties hereunder.
