[Adopted 1-3-2018 by Ord.
No. 5714[1]]
[1]
Editor's Note: This ordinance also superseded former Article
VI, Mechanical Amusement Device Tax, adopted 2-14-1996 by Ord. No.
5394, as amended.
As used in this chapter, the following terms shall have the
meanings indicated:
Any music vending machine, contrivance or device which, upon
insertion of legal currency, coin or paper, slug, token, plate, disc,
key, card, and/or other activation device into any slot, crevice or
other opening, or by the payment of any price, operates or may be
operated for the emission of music or similar amusement.
Includes any mechanical, electronic or video amusement device
which, upon the insertion of legal currency, coin or paper, slug,
token, plate, disc, key, card, and/or other activation device into
any slot, crevice or other opening, or by the payment of any price,
may be operated or used as a game, entertainment or amusement, whether
or not registering a score and whether or not a prize is offered.
It shall include, but shall not be limited to, such devices as marble
machines, pinball machines, skill ball, mechanical grab machines,
mechanical bowling machines, shuffleboard, billiard tables, photo-electronic
shooting or target machines, electronic video games, air hockey tables,
football games and all games, operations or transactions similar thereto,
under whatever name they may be designated or described. It shall
not include devices or machines, the primary purpose of which is to
dispense merchandise, such as candy, cigarettes or other tangible
personal property.
Includes any natural person, association, partnership, firm
or corporation, company, utility or organization of any kind.
Any person, firm, corporation, partnership, association,
entity or club who, as the owner, leaseholder, or proprietor, has
under his, her or its control any establishment, place or premises
in or at which any mechanical, electronic or video amusement device
is placed or kept for use or play or on exhibit for the purpose of
use or play. In addition to aforesaid, the above-designated definition
of "proprietor" shall include any lawful, separate business entity
which engages in its primary operation the use of the aforesaid devices.
A.
License required. From and after the effective date hereof, no person
or proprietor may offer for use or play within the City any jukebox
or mechanical, electronic or video amusement device without first
having filed an application as set forth herein and procuring a license
therefore from the City of Altoona.
B.
Display of license. The license shall be displayed in a conspicuous
location at the place where machines are installed and used.
A.
The license fee for each proprietor, as herein defined, shall be
as established from time to time by Altoona City Council. Fees shall
be due and payable on or before January 31 of each succeeding calendar
year. A late fee, as established from time to time by Altoona City
Council, shall be assessed for each mechanical, electronic or video
amusement device or a jukebox if the license is not obtained prior
to January 31 of each year or prior to or simultaneous with the first
date establishing or maintaining such mechanical, electronic or video
amusement device or jukebox.
B.
The proper license fee shall accompany each application for a license.
C.
Expiration and renewal of license. Licenses issued under this chapter
expire on January 31 of each year. Application for renewal accompanied
by the required annual fee shall be submitted in the month of January
and may consist of a signed verification of the original application
contents, so long as there have been no changes.
D.
Transfer of license restricted. A license shall apply to the operator
and location to which issued, and transfer from one operator to another
or from one jukebox or mechanical or electronic or video amusement
device to another is prohibited except upon approval of the City of
Altoona given after submission of an amended application and payment
of the fee specified.
A.
Application for license. Any person or proprietor desiring to procure
a license for a mechanical, electronic or video amusement device or
a jukebox shall, in writing, on a form provided by the City of Altoona,
apply to the City of Altoona department set forth on the said application.
(1)
Each application shall be kept on file with the City of Altoona and
shall specify:
(a)
The name and address of the applicant.
(b)
The address of the premises where the licensed jukebox or mechanical,
electronic or video amusement device is to be operated, together with
the character of the business carried on at such place.
(c)
The number and character and type of mechanical, electronic
or video amusement devices or jukeboxes as have been previously, or
intended to be installed, on and after the effective date of the application.
(2)
All applications must be signed by the person to be listed on the
license.
(3)
When increasing the total number or replacing a unit for any reason,
the proper license fee shall accompany each application which said
application shall be filed prior to any such replacement.
B.
Issuance or denial. If the application is approved, the license shall
be issued by the City of Altoona. If the application is denied, the
fee shall be returned to the applicant. Issuance or denial of an application
shall be made within 60 days of the date said application is received
by the City of Altoona.
C.
Establishing of conditions. In approving a license, the City of Altoona
may establish conditions to promote and protect the health, safety
and general welfare of the City and its inhabitants.
D.
Right of entry; inspections. The license issued shall authorize the
City of Altoona to enter, inspect and check the premises, including
private clubs, at all times where any device licensed under the provisions
of this chapter is located or operated.
E.
Gambling and gambling devices prohibited. Gambling and gambling devices
are prohibited. Nothing in this chapter shall in any way be construed
to authorize, license or permit any gambling, game and/or device whatsoever,
including but not limited to card games, not any machine or mechanism
that has judicially been determined to be a gambling device or to
be in any way contrary to any present or future laws of the Commonwealth
of Pennsylvania.
F.
Sealing of unlicensed devices. The City of Altoona may put a seal
upon any of said mechanical, electronic or video amusement devices
or jukeboxes for which no license fee has been paid and when under
seal as aforesaid, the person or proprietor in charge of the place
where said mechanical, electronic or video amusement device of jukebox
is kept or located shall be responsible for and subject to any fines
for any unlawful use thereof, as provided below.
Every owner/supplier of any mechanical, electronic or video
amusement device and/or jukebox shall provide a written list to the
City of Altoona on January 1 and July 1 of each year of the locations
of each such mechanical, electronic or video amusement device and/or
jukebox located within the City of Altoona.
A.
Any person or proprietor who shall be convicted of violating this
chapter or of failing or refusing to furnish complete or correct information
regarding the mandates of this chapter or is found guilty of attempting
to do anything to avoid the payment required herein shall be liable
to pay a fine or penalty of not less than $50 nor more than $1,000
and, in default of payment thereof, undergo imprisonment not to exceed
90 days.
B.
Each and every day that any jukebox or mechanical, electronic or
video amusement device, under the terms of this chapter, shall be
operated and/or used in violation thereof shall constitute a distinct
offense under this chapter and shall be subject to separate and distinct
penalties.
Any prior enactment imposing the requirement set forth in the
chapter is amended and restated in its entirety to read as stated
in this chapter. Any other prior enactment or part of any prior enactment
conflicting with the provisions of this chapter is rescinded insofar
as the conflict exists. To the extent the same as any enactment in
force immediately prior to adoption of this chapter, the provisions
of this chapter are intended as a continuation of such prior enactment
and not as a new enactment. If this chapter is declared invalid, any
prior enactment imposing the same or similar requirements shall remain
in full force and effect and shall not be affected by adoption of
this chapter, and/or this chapter shall be considered to have been
enacted under authority of any other law permitting this chapter to
be valid. If any part of this chapter is declared invalid, the similar
part of any prior enactment levying similar requirements shall remain
in effect and shall not be affected by adoption of this chapter, and/or
such part or parts of this chapter shall be considered to have been
enacted under authority of any other law permitting any such part
of this chapter to be valid. The provisions of this chapter shall
not affect any act done or liability incurred, nor shall such provisions
affect any suit or prosecution pending or to be initiated to enforce
any right or penalty or to punish offense under the authority of any
enactment in force prior to adoption of this chapter. Subject to the
foregoing provisions of this section, this chapter shall amend and
restate on the effective date any enactment imposing similar requirements
in force immediately prior to the effective date of this chapter.
