[HISTORY: Adopted by the Borough Council of the Borough of Vandergrift as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-22-1955 by Ord. No. 19-1955 (Ch. XV, Part 1, of the 1970 Code of Ordinances)]
A. 
As used in this article, the following terms shall have the meanings indicated:
PERSON
Any natural person, partnership, association, firm or corporation.
PUBLIC ENTERTAINMENT OF TRANSIENT NATURE
Includes any theatrical or dramatic performance, opera, concert, vaudeville or motion-picture show, circus, menagerie or carnival, or any other exhibition, show or amusement whatever, of any nature or kind, for which an admission fee is charged or for which money or any other nature of reward is in any manner demanded or received. The term "public entertainment of transient nature" shall not include any type of entertainment conducted as a business undertaking from a single fixed location, upon a regular schedule, from week to week, throughout at least nine months of the year. Neither shall such term include any lecture on current affairs or on any scientific, literary, historical or religious subject; or any exhibition of statuary, painting or handicraft of any kind; or church or school affairs; or any performance or exhibition conducted for benevolent or charitable purpose.
B. 
In this article, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
No person, whether as a principal or as agent, shall conduct or hold any public entertainment of a transient nature within Vandergrift Borough without first having obtained a license from the Mayor; such license shall state the type of public entertainment for which it is granted and the term for which it is to continue in effect. No person under any such license shall conduct or hold any type of public entertainment except upon the terms stated therein, nor shall any person under any such license continue to conduct any public entertainment after the expiration of such license.
Application for a license for a public entertainment of a transient nature shall be made to the Mayor in advance of such public entertainment, and upon issuance of such license, the fee, which shall be for the use of the Borough, shall be paid to the Mayor by the person to whom such license is issued or by his agent. The fees for such licenses shall be as follows:
A. 
Motion-picture or vaudeville show, for each day or fraction thereof: $10.
B. 
Opera, concert or theatrical performance, for each day or fraction thereof: $5.
C. 
Circus, menagerie or carnival, for each day or fraction thereof: $25.
D. 
Open-air or tent show, other than a circus, menagerie or carnival, for each day or fraction thereof: $5.
E. 
Athletic event, or exhibition of skill or strength, for each performance: $5.
F. 
Merry-go-round or other amusement ride, except where installed at a carnival licensed as such, for each day or fraction thereof: $5.
G. 
Any other type of public entertainment of a transient nature not specified in the above fee schedule, for each day or fraction thereof: $10.
[Amended 1-10-1989 by Ord. No. 2-1989]
Any person who violates any provision of this article shall, upon conviction, be sentenced to pay a fine of not more than $200 or more than $600 and costs of prosecution and, in default of payment of fine and costs, to undergo imprisonment for not more than 30 days, provided that each day's continuance of a violation of any provision of this article shall constitute a separate offense.
Nothing contained in this article shall affect, modify or limit any of the provisions of any ordinance levying any tax upon any amusement device or upon admissions to any amusement.
[Adopted 5-23-1966 by Ord. No. 8-1966 (Ch. XV, Part 2, of the 1970 Code of Ordinances)]
[Amended 1-4-1982 by Ord. No. 3-1982]
A. 
Unless otherwise expressly stated, the following terms shall have, for the purpose of this article, the meanings indicated:
DEVICE
Any mechanical amusement device for which, for use for profit, a license is required under this article.
JUKEBOX
Any music-vending machine, contrivance or device which, upon insertion of a coin, slug, token, plate, disc or key into any slot, crevice or other opening, operates or may be operated for the emission of song, music or similar entertainment or amusement.
MECHANICAL AMUSEMENT DEVICE
Any device, other than a "jukebox," which upon insertion of a coin, slug, token, plate or disc 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, provided that such term shall not include any gambling device or any mechanism that has been judicially determined to be a gambling device.
PERSON
Any natural person, association, partnership, firm or corporation.
B. 
In this article, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
[Amended 1-4-1982 by Ord. No. 3-1982]
From and after the first day of January 1982, no person may at any time have in his possession at any place within Vandergrift Borough any mechanical amusement device without first having procured a license therefor from the Mayor.
Any person desiring to procure a license, as provided in § 136-7 of this article, shall apply therefor in writing to the Mayor of Vandergrift Borough. Said application shall set forth the name or names; the residence or residences of the person so applying, together with the present and previous occupation of the applicant and the length of residence at the present address of the applicant and at the previous place of residence; the name of the owner of the premises upon which the aforesaid device is 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 has been leased. The applicant shall set forth the manufacturer and nature of the machine to be installed and used and, if the device contains a serial number, the serial number of said machine.
Nothing in this article shall in any way be construed to authorize, license or permit any gambling device whatsoever or any mechanism 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 1-4-1982 by Ord. No. 3-1982; 1-3-2012 by Ord. No. 1-2012]
Following the waiting period prescribed by § 136-10 of this article and upon payment by the applicant of the license fee of $100 for every mechanical amusement device sought to be licensed, a license shall be issued by the Mayor to the applicant, provided that the mechanical amusement device meets all requirements and qualifications of the article. Such license shall be valid for the entire calendar for which it is issued and shall expire following the last day of such year, provided that such license shall authorize the installation or location and use, upon the premises specified therein, of the number of mechanical amusement devices for which the aforesaid license fee shall have been paid, but nothing herein shall prohibit the change or exchange of such mechanical amusement devices so long as the total number of such devices installed or located in and about such premises shall not, at any time, exceed the number set forth in the original application. Whenever the total number of such devices installed or located in or about such premises shall exceed the total number for which the license was granted, application shall be made for such additional number, and the fee shall be paid therefor; provided, further, any license for any mechanical amusement device issued on or after the first day of July in any year shall be issued upon the payment of the sum of $50. Any further amendment of fees for any calendar year may be instituted and enacted by resolution of the Council of Vandergrift Borough, and no further amendment of this article, for purposes of license fee modification, shall be necessary so long as the same is amended by resolution of the Council of Vandergrift Borough.
[Added 1-4-1982 by Ord. No. 3-1982]
Prior to the expiration date of any license issued under this article, the holder of such license shall apply to the Mayor 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 article.
Upon payment of the license fee provided by this article, the Mayor of Vandergrift Borough shall issue a seal or certificate setting forth the number of the license, which said seal or certificate shall be attached to the machine so that the same may be clearly observable and readable.
The Mayor may, after affording a hearing to the licensee, of which said hearing the licensee shall have at least 48 hours' notice, revoke any license herein granted when he deems it to be of benefit to the public health, safety or morals.
[Amended 1-10-1989 by Ord. No. 2-1989]
Any person as defined in this article or any officer, agent, servant or employee thereof, who fails, neglects or refuses to comply with any term or provision of this article, shall, upon conviction, for each and every offense, be sentenced to pay a fine of not less than $200 or more than $600 and costs of prosecution and, in default of payment of fine and costs, to undergo imprisonment for not more than 30 days.