[Adopted 1-14-2002 by Ord. No. 02-2]
It is hereby ordained and enacted by the Council of the Borough
of Sharpsburg that, from and after the effective day of this part,
this part shall be in full force and effect in the Borough of Sharpsburg.
This part shall be known as the "Borough of Sharpsburg Amusement
Licensing Ordinance."
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:
1.
Words used in the singular shall include the plural, and the plural
the singular.
2.
Words used in the past or present tense shall include the future
tense.
3.
Words used in the masculine gender shall include the feminine and
neuter.
4.
The word "shall" is always mandatory and is not discretionary.
5.
The word "may" is permissive.
6.
That the Borough of Sharpsburg intends to favor the public interest
as against any private interest.
7.
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.
8.
General words shall be construed to take their meanings and be restricted
by preceding particular words.
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 meanings 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 Borough of Sharpsburg 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 been or is designed
to facilitate the ready use of a knockoff 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 amusement device, machine or apparatus operated or otherwise
used for the purpose of amusement or entertainment by inserting any
coin, currency, metal disc, slug or token, including but not limited
to a pinball machine, bowling machine, pool table, dart machine or
gambling device.
A jukebox.
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 device 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, video device 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 this part.
Any amusement device, machine or apparatus whose game or
results are shown on a video screen 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 gambling devices and video games.
No person or persons, firm or corporation, partnership or other
entity shall at any time have in its possession within the Borough
of Sharpsburg any amusement device which, upon the insertion of a
coin, slug, token, plate or disc, may be operated by the public generally
for use as a game, entertainment or amusement, whether or not registering
a score, without having first procured a license therefor as hereinafter
provided.
Any person, firm, corporation or other entity desiring to procure a license as required in § 13-305 of this part shall apply therefor in writing to the Secretary of the Borough of Sharpsburg. Said application shall set forth the following information:
1.
The name and address (both business and residential) of the vendor
of each jukebox, pool table or video or mechanical amusement device
to be licensed. Post office boxes are not acceptable as an address
of the applicant.
2.
The name and address (both business and residential) of the proprietor
of the business establishment in which each jukebox, pool table or
video or mechanical amusement device is to be located or used or installed.
Post office boxes are not acceptable as an address of the applicant.
3.
If vendor and/or proprietor are citizens of the United States.
4.
The manufacturer, name of machine, serial number, type and fee for
each machine, video or mechanical device, pool table, jukebox or apparatus
to be located on the premises, installed or used.
5.
A verification by the vendor and proprietor that the facts set forth
in the application are true and correct to the vendor's and proprietor's
personal knowledge, information or belief, and that any false statements
therein are made subject to the penalties of the Crimes Code, 18 Pa.C.S.A.
§ 4904, relating to unsworn falsification to authorities.
6.
That a license does not sanction or condone the use or possession
of any illegal gambling device.
7.
That possession of a gambling device, either per se or as modified,
may result in a criminal prosecution by law enforcement officials.
The Council of the Borough of Sharpsburg, or its designated
agent, shall not issue a license for any video or mechanical device
to any person who:
1.
Is not a citizen of the United States.
2.
Is not 21 years of age.
3.
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 within
three years of the date of application.
No license shall be granted until a period of 10 days shall
have elapsed from the date of application, during which time the Council
of the Borough of Sharpsburg or its designated agent may, at its discretion,
investigate the facts set forth in the application. No license shall
be transferred.
1.
The Council of the Borough of Sharpsburg or its designated agent
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.
2.
A license shall not be issued unless the applicant acknowledges:
A.
That obtaining or displaying an amusement device 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.
B.
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 Borough of Sharpsburg law enforcement or other law
enforcement officials.
Nothing in this part shall in any way be construed to authorize,
license or permit any illegal gambling device whatsoever or any mechanism
that has been judicially determined to be an illegal gambling device,
either per se or as modified or in any way contrary to law, or that
may be contrary to any present or future laws of the Commonwealth
of Pennsylvania.
[Amended 2-21-2013 by Ord. No. 13-05]
1.
No license shall be issued until an annual fee shall have been paid
to the Secretary for each and every device to be installed or used.
Each license shall expire on December 31 of each year.
2.
License fees shall not be prorated, but shall remain the same for
the whole portion of any one year.
3.
The Chief of Police or any other officer of the Borough that Council
may designate shall put a lead or any other seal upon any device for
which no license fee has been paid, and when the proper license fee
has been paid for such sealed device, said seal shall be removed by
the Chief of Police or other designated officer of the Borough of
Sharpsburg.
4.
While said unlicensed device(s) is under seal as aforesaid, the owner,
proprietor, manager or person in charge of the place where said device(s)
is located shall be responsible for the device(s) and for any unlawful
use thereof while such device is unlicensed.
5.
Amendment of the licensing fees may be enacted by resolution by the
Council of the Borough of Sharpsburg from time to time as needed.
1.
Upon payment of the license fees, and if the application fully complies
with this part, the Borough Secretary shall issue a disc, plate or
sticker setting forth the number of the license of each machine, which
shall be affixed to the device in a conspicuous place where it may
be clearly observable and readable at all times for inspection by
the Borough police or other designated agent of the Borough Council.
2.
Discs, plates or stickers issued for a particular machine or device
are not transferable to another machine or device without approval
of the Borough Council or its designated agent. All discs, plates
or stickers issued by the Borough of Sharpsburg for video and mechanical
amusement device shall state that the video or mechanical amusement
device is for amusement purposes only, that it is not an illegal gambling
device and that only games and not money may be won on the machine
or device.
The Borough of Sharpsburg or its designated agents may, during
regular business hours, conduct inspections of any business establishments
where any amusement device licensed under this part is located, installed,
placed or used to ensure compliance with this part.
1.
In the event any applicant, vendor or proprietor falsifies any information
on an application for license of amusement devices or violates this
part, the Borough of Sharpsburg shall immediately revoke all licenses
issued under this part to such applicant, vendor or proprietor.
2.
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, the Borough
of Sharpsburg shall revoke each license issued to such person as an
applicant, vendor or proprietor.
3.
Additionally, the Borough of Sharpsburg shall not issue a license
of amusement devices to any person who has been found guilty of or
accepted accelerated rehabilitative deposition for possessing or using
a video or mechanical amusement device in violation of the Crimes
Code of the Commonwealth of Pennsylvania within three years of the
date of application.
4.
Any video or mechanical amusement 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 law.
Because the Borough of Sharpsburg intends to foster compliance
with the laws of the Commonwealth of Pennsylvania and the United States
regarding illegal possession and/or use of illegal gambling devices,
no Borough of Sharpsburg employee or agent may promise, suggest or
insinuate, either expressly or by implication, that the applicant,
licensee, proprietor or vender who illegally uses or possesses any
device used or intended to be used for illegal gambling purposes shall
not be prosecuted.
[Amended 2-21-2013 by Ord. No. 13-05]
Any person, firm or corporation who shall violate any provision
of this part shall, upon conviction thereof, be sentenced to pay a
fine of not less than $200 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 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.
This Part 3 shall not apply to mechanical devices that dispense
tobacco, food or drink products.
