[Ord. 491, 2/8/1982, § 1]
The following words and phrases when used in this Part shall
have the meaning ascribed to them in this section unless the context
clearly indicates a different meaning:
The monetary charge for the privilege of engaging in amusements,
to wit, the sum of money deposited or inserted into said machine for
the obtainment of the amusement.
Any location, establishment or other building in or upon
which is located four or more mechanical amusement devices.
The Borough Manager and/or Borough Secretary of the Borough
of Wellsboro.
Any marble machine, pinball machine, skill ball machine,
juke box, coin operated pool table and other form of mechanical or
electronic amusement device for which a coin may be inserted for the
operation for entertainment or amusement.
Any music vending machine, contrivance or device which, upon
the insertion of a coin into any slot or other opening, operates or
may be operated for the emission of song, music or similar entertainment
or amusement.
Any device, other than a juke box, which the insertion of
a coin may be operated for use as a game, entertainment or amusement;
provided, however, that such term shall not include any gambling device
or any mechanism that has been statutorily determined to be a gambling
device.
The legal owner of the mechanical amusement device.
Any individual, partnership, limited partnership, association
or club.
[Ord. 491, 2/8/1982, § 2]
This Part shall be known and may be cited as the "Mechanical
Amusement Device Tax Ordinance."
[Ord. 491, 2/8/1982, § 3]
There is hereby imposed a tax, for general Borough purposes,
under the authority of the Local Tax Enabling Act, upon the sale of
admission to any amusement within the Borough of Wellsboro at the
rate of $25 per mechanical amusement device, as defined herein. Such
tax shall be payable by the person owning said device. Such tax shall
be payable at the beginning of each calendar year in the amount of
$25 for the calendar year or any portion thereof.
[Ord. 491, 2/8/1982, § 4]
This Part is enacted under the authority of the Local Tax Enabling
Act, as enacted by the Commonwealth of Pennsylvania As Act No. 511,
approved December 31, 1965, as amended.
[Ord. 491, 2/8/1982, § 5]
The tax imposed under this Part shall be payable to the collector
on or before January 31 of each and every year. No deduction or refund
of any tax payable under this Part shall be granted in the case of
any tax payable for less than a full calendar year, or in the case
of any device destroyed, stolen, sold or otherwise disposed of or
transferred after the payment of said tax. However, in the case of
the substitution of any device by another device of similar nature,
the use of which is taxable under this Part, no additional tax shall
be paid.
[Ord. 491, 2/8/1982, § 6]
1.
On or after the effective date of this Part, any person selling admission
to any amusement within the Borough of Wellsboro shall, before selling
admission, file with the Borough Manager and/or Borough Secretary
an application for a mechanical amusement permit.
2.
In the event that any person desires to sell admission to any amusement and cannot file the application aforementioned in Subsection 1, above, because the Borough office is closed, such person may proceed to sell such admission; provided, that:
A.
Said person shall give notice of his intention and the exact physical
location of the amusement to the officer answering the Police Department
telephone.
B.
Said person shall not commence to sell admission to the said amusement
until the lapse of 1/2 hour after receipt by the Borough Police Department
in the manner aforementioned.
C.
Said person shall make application for the proper mechanical amusement
device permit with the Borough office during the following business
day.
3.
Every application for mechanical amusement device permit shall be
made upon a form prescribed, prepared and furnished by the Borough
Manager and/or Borough Secretary and shall set forth the following
information:
A.
The name of the applicant.
B.
The name of the owner of the mechanical amusement device.
C.
The location of the mechanical amusement device.
D.
The name under which the applicant and/or owner intends to conduct
business.
E.
Such other information as the Borough Manager and/or Borough Secretary
shall require.
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If the applicant intends to conduct the sale or admission to
any mechanical amusement device at more than one location within the
Borough of Wellsboro, a separate application shall be filed for each
such location. The application shall be signed by the applicant or
applicants and the owner of said mechanical amusement device.
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4.
Upon approval of each application herein required, the Borough Manager
and/or Borough Secretary shall grant and issue to each applicant or
applicants a mechanical amusement device permit for each place of
amusement. Mechanical amusement device permits shall not be assigned
and shall be valid only for the person and place of amusement in whose
name or names they are issued, and shall be at all time conspicuously
displayed at the place for which they are issued.
5.
In the case of loss, defacement or destruction of any permit, the
person or persons to whom the permit was issued shall, within the
next business day, apply to the Borough Manager and/or Borough Secretary
for a new permit.
[Ord. 491, 2/8/1982, § 7]
The owner of said mechanical amusement device shall be liable
to the Borough of Wellsboro, as an agent thereof for the payment of
the mechanical amusement tax into the Borough Treasury through the
Borough Manager and/or Borough Secretary as hereinafter provided in
this Part.
[Ord. 491, 2/8/1982, § 8]
If the owner of any mechanical amusement device shall neglect
or refuse to make payment as herein required during the prescribed
time limit, an additional 10% of the amount of tax shall be added
by the Borough Manager and/or Borough Secretary and collected, all
such taxes shall be recoverable by the Borough of Wellsboro as other
debts due to the Borough of Wellsboro are now, by law, recoverable.
[Ord. 491, 2/8/1982, § 9]
All taxes and penalties collected or received under the provisions
of this Part shall be paid into the general fund of the Treasury of
the Borough of Wellsboro for the use and benefit of the Borough of
Wellsboro.
[Ord. 491, 2/8/1982, § 10]
The Borough Manager and/or Borough Secretary is hereby authorized
and directed to make and keep such records, prepare such forms and
make such regulations and take such other measures as may be necessary
or convenient to carry this Part into effect.
[Ord. 491, 2/8/1982, § 11; as amended by A.O.]
On or after the effective date of this Part, any person establishing
or operating an arcade shall, before establishing same, file with
the Borough Manager and/or Borough Secretary an application for an
arcade license. Said arcade license shall not be issued in any residential
area of the Borough of Wellsboro. Residential areas shall be defined
and determined by the Zoning Map of the Borough of Wellsboro. The
application for an arcade license shall set forth upon a form prescribed,
prepared and furnished by the Borough Manager and/or Borough Secretary
the name under which the applicant intends to conduct business, the
location of said business, the number of mechanical amusement devices,
the name of the owner and/or owners of said mechanical amusement device,
and such other information as the Borough Manager and/or Borough Secretary
shall require. The applicant shall also submit with said arcade license
application a fee, in an amount as established from time to time by
resolution of Borough Council, which shall be deposited in the general
fund of the Borough of Wellsboro for the use and benefit of the Borough
of Wellsboro.
[Ord. 491, 2/8/1982, § 12; as amended by A.O.]
The arcade license fee shall be payable to the collector on
or before January 31 each and every year. No deduction or refund of
any fee payable under this Part shall be granted in the case of any
fee for less than a full calendar year, or in the case of the reduction
of mechanical amusement devices to less than four. However, in no
case, despite the number of devices in excess of four, shall the fee
be greater than the rate as established from time to time by resolution
of Borough Council.
[Ord. 491, 2/8/1982, § 13]
1.
The owner/operator/manager of any establishment in which mechanical
amusement device(s) are located within the Borough shall conform to
the following rules of conduct and shall be responsible to control
the conduct of the patrons of such devices in conformity herewith,
to wit:
A.
In those establishments wherein such device(s) are located but no
liquor or malt beverage license exists, no patron of such devices
shall be permitted in the establishment imbibing an alcoholic beverage.
B.
Further, in those establishments wherein such device(s) are located
but no liquor or malt beverage license exists, no patron of such devices
shall be permitted to engage in loud or boisterous conduct which would
be offensive to other patrons or customers of said establishment.
C.
The owner/operator/manager of the establishment wherein such device(s)
are located shall be responsible for the conduct of those who use
said devices and shall be responsible for the prevention of pushing,
shoving, fighting, shouting, the use of profane language or offensive
gestures, or other conduct that would be generally offensive.
D.
In those establishment wherein such device(s) are located and there
exists a liquor or malt beverage license, the owner/operator/manager
shall be responsible for the conduct of patrons, generally. However,
it is expressly forbidden under this Part for the owner/operator/manager
of an establishment wherein such device(s) are located and liquor
or malt beverages are served to permit minors (under 21 years of age)
in the establishment to operate said device except when accompanied
by their parent(s).
E.
The owner/operator/manager of an establishment in which said device(s)
are located shall not permit persons to congregate on the sidewalk
in the front entrance or rear entrance to said establishment. Said
owner/operator/manager shall be responsible to report such gatherings
to the attention of the Borough Police so that said persons can be
dispersed.
[Ord. 491, 2/8/1982, § 14; as amended by A.O.]
Any owner/operator/manager of any establishment in which mechanical
amusement device(s) are located who shall fail, neglect or refuse
to comply with the provisions of § 24-513 of this Part shall,
upon conviction thereof, be sentenced to pay a fine not to exceed
$600 plus costs and, in default of payment of said fine and costs,
to imprisonment for a term not to exceed 30 days. Each day that a
violation of this Part continues shall constitute a separate offense.
[Ord. 491, 2/8/1982, § 16; as amended by A.O.]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof, shall be sentenced to a fine
of not more than $600 plus costs and, in default of payment of said
fine and costs, to a term of imprisonment not to exceed 30 days. Each
day that a violation of this Part continues or each section of this
Part which shall be found to have been violated shall constitute a
separate offense.
