[Ord. 976, 1/16/2008]
For the purposes of this Part, the following terms shall have
the meaning provided herein, unless otherwise stated:
Any mechanical, electronic or computer-oriented device which,
upon insertion of a coin, currency, metal disc, slug, card, plate,
token or other means of payment, may be operated as a game, ride,
entertainment or amusement, whether or not registering a score, and
whether or not offering a prize.
This term shall include, but not be limited to, the following
devices: video, arcade and poker games; computer-oriented games; pinball
machines; bowling alleys, bowling games and machines; pool and billiard
tables; dart boards; and any amusement ride.
This term shall not include any jukebox, as defined herein,
or similar instrument; nor shall it include any vending machine which
dispenses soft drinks, cigarettes, candy, etc.; nor shall the term
include any illegal gambling device, as defined herein, or any mechanism
which has been judicially determined to be an illegal gambling device.
Any person, as defined below, who seeks to obtain a license
for an amusement device or jukebox under this Part.
The Manager of Forest Hills Borough, or his or her designee,
or the designee of Borough Council.
Any device, machine or apparatus 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,
card, plate, token or other means of payment which has or has been
modified to have a knock-off or knockdown switch or other capability
for erasing or eliminating playing credits. This term shall include
any such device that is modified or per se illegal.
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, card, plate, token
or other means of payment.
Any person holding a valid, current license issued pursuant
to this Part.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
[Ord. 976, 1/16/2008]
No person shall have in his or her possession, at any time or
at any place within Forest Hills Borough, any amusement device or
jukebox, without first having procured a license therefor from the
Borough Manager.
[Ord. 976, 1/16/2008]
1.
Any person desiring to procure a license for an amusement device
or jukebox shall apply in writing to the Borough Manager.
2.
Such application shall set forth the following:
A.
The name and address of the applicant.
B.
The name and address of the owner of each amusement device and/or
jukebox to be licensed.
C.
The name and address of the proprietor of the business establishment
in which each amusement device and/or jukebox is to be located, used
or installed.
D.
If the owner of the business establishment is not the applicant,
then the applicant shall set forth the length of time for which the
premises has been leased.
E.
Whether the applicant is a citizen of the United States.
F.
A list of all crimes which the applicant has committed within five
years of the date of application.
G.
The manufacturer, name of machine, serial number, type and fee for
each amusement device, jukebox or apparatus to be located, installed,
operated or used on the premises, along with a floor plan of the premises
identifying its dimensions and the location of all amusement devices
and jukeboxes.
H.
That the applicant has been provided with a copy of these regulations
and that the applicant has read and agrees to be bound by all terms
and provisions thereof.
I.
That the applicant acknowledges that a license does not sanction
or condone the use or possession of any illegal gambling device.
J.
That the applicant acknowledges that the Borough shall notify the
appropriate law enforcement officials of the use or possession of
any illegal gambling devices, whether or not such devices are licensed.
K.
That the applicant acknowledges that the Borough shall immediately
revoke the license of any illegal gambling device.
L.
That the applicant acknowledges that the illegal use or possession
of an illegal gambling device may result in criminal prosecution by
the Borough or other law enforcement officials.
M.
A signed verification by the applicant, owner and proprietor that
the facts set forth in the application are true and correct to the
applicant's, owner's and proprietor's personal knowledge,
information and belief, and that any false statements made therein
are subject to the penalties of 18 Pa.C.S.A. § 4904, relating
to unsworn falsification to authorities.
3.
No license shall be issued by the Borough Manager until a reasonable
time for investigation of the facts set forth in the application and
all circumstance relating thereto.
[Ord. 976, 1/16/2008]
1.
The following persons shall be ineligible for a license under this
Part:
A.
Any person who has been convicted of a crime within five years of
the date of application.
B.
Any person who has been found guilty of or accepted accelerated rehabilitation
disposition for possessing or using an illegal gambling device in
violation of the Crimes Code of the Commonwealth of Pennsylvania within
five years of the date of application.
2.
Applicants convicted of a crime may apply to the Borough Council
for a license, which may be granted by the Council, provided the applicant
can prove to the Council's satisfaction that he is not in violation
of any of the terms of his sentence, that he is not a danger to the
community, and that the crime which he committed does not render him
unsuitable for supervising an area with a concentration of children
and young adults.
[Ord. 976, 1/16/2008]
1.
Nothing in this Part shall in any way be construed to authorize,
license, or permit any illegal gambling device whatsoever, or any
machine or mechanism that has been judicially determined to be an
illegal gambling device, or in any way contrary to law, or that may
be contrary to any present or future law of the Commonwealth of Pennsylvania.
2.
Because the Borough intends to prosecute the illegal possession 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 owner, who either illegally
possesses or uses an illegal gambling device, shall not be prosecuted.
[Ord. 976, 1/16/2008]
1.
License fees shall be established, from time to time, by resolution
of the Borough Council.
2.
In the event of a replacement of a licensed machine by another device
of generally similar type before expiration of the licensing period,
the replacement device may be licensed for the unexpired period without
additional charge.
[Ord. 976, 1/16/2008]
Prior to the expiration date of any license issued under this
Part, the holder of such license shall apply to the Borough Manager
for a license for the following year. The same provisions shall govern
the issuance of such license as are set forth in the preceding sections
of this Part.
[Ord. 976, 1/16/2008]
Periodic inspection of amusement devices and jukeboxes shall
be conducted by the Borough Manager to ensure compliance with this
Part.
[Ord. 976, 1/16/2008]
1.
Any license issued under this Part shall be exhibited at any time
on request of the Borough Manager.
2.
Any discs, plates or stickers issued by the Borough for amusement
devices shall be displayed on the device and shall state, in a clearly
observable and readable place and form, that the 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 device.
[Ord. 976, 1/16/2008]
1.
The Borough shall immediately revoke any and all licenses issued
under this Part where:
A.
Any applicant, owner or proprietor falsified any information on an
application for a license under this Part.
B.
Any applicant, owner or proprietor violates any provision of this
Part.
C.
Any owner of an amusement device or proprietor of a business establishment
is convicted of possessing or using an illegal gambling device in
violation of the Crimes Code of the Commonwealth of Pennsylvania.
D.
The Borough Manager deems such revocation to be necessary for the
benefit or protection of the public health, safety or morals.
2.
Any illegal gambling device used or possessed in violation of the
Crimes Code of the Commonwealth of Pennsylvania or this Part may be
deemed contraband and forfeited in accordance with the provisions
of 18 Pa.C.S.A. § 6501(d) (relating to scattering rubbish).
[Ord. 976, 1/16/2008]
All places or establishments subject to the provisions of this
Part shall be located on the first or street floor of the building
in which they are located, unless specifically approved by the Borough
Manager.
[Ord. 976, 1/16/2008]
No idle loitering or loafing shall be permitted in or about
places of business or establishments subject to the provisions of
this Part.
[Ord. 976, 1/16/2008]
All places or establishments subject to the provisions of this
Part shall be arranged in the nature of one regular unobstructed room
without shades, screens, or partitions of any kind to interfere with
the free and unobstructed view of all parts of the room from the entrance.
[Ord. 976, 1/16/2008]
All license fees herein provided shall be collected by the Borough
Manager and turned over to the Borough Treasurer.
[Ord. 976, 1/16/2008]
1.
Any licensee violating this Part shall have their license(s) immediately
revoked by the Borough Manager, and no one shall operate or open to
business, or attempt to do so, any place of business or establishment
subject to the provisions of this Part, without a license in accordance
with the provisions of this Part.
2.
Any person, firm or corporation who violates a provision of this
Part, or who fails to comply therewith, or with any of the requirements
thereof, shall be, upon conviction thereof, sentenced to pay a fine
of not less than $100 nor more than $1,000 for each violation, plus
court costs and costs of prosecution incurred by the Borough, and
in default of payment of said fine and costs, to imprisonment to the
extent permitted by law for the punishment of summary offenses.
3.
A separate offense shall arise for each day or portion thereof in
which a violation is found to exist or for each section of this Part
found to have been violated. All fines and penalties for the violation
of this Part shall be paid to the Borough Treasurer.
4.
The Borough may also commence appropriate actions in equity or other
to prevent, restrain, correct, enjoin, or abate violations of this
Part.
