[HISTORY: Adopted by the Borough Council of the Borough of
Oakdale as Ch. 13, Part 1, of the 1995 Code of Ordinances. Amendments
noted where applicable.]
Unless otherwise herein expressly stated, the following terms
shall have for the purpose of this chapter the meanings herein indicated:
Any pool table, jukebox, mechanical and/or video computer
game or electronic amusement device for the use of which for profit
a tax is levied under this chapter.
Any electronic device and/or mechanical video game which,
upon insertion of a coin, slug or token, or by the payment of any
price, simulates all or some elements of either five-card-draw poker
or blackjack.
Any music vending machine or device which, upon insertion
of a coin, slug or token, or by the payment of any price, operates
or that may be operated for the emission of any song, music or other
similar amusement.
Any device other than a jukebox and/or electronic poker and/or
blackjack device which, upon insertion of a coin, slug or token, may
be operated for use as entertainment or amusement, whether or not
registering a score and whether or not a prize is available or offered,
provided such terms shall not include any device or any mechanism
that has been judicially or legislatively determined to be a gambling
device, as that phrase has been defined.
Any natural person, copartnership, firm, association or corporation.
In this chapter, the singular shall include the plural and the masculine
shall include the feminine and the neuter.
No person, copartnership, firm, association or corporation shall
at any time have in its or their possession within the Borough of
Oakdale, Allegheny County, Pennsylvania, any device, jukebox, electronic
poker and/or blackjack device, mechanical device, electronic and/or
video computer game or any other apparatus of like nature whatsoever
for the playing of games for profit, amusement and whether or not
a prize is offered, whether or not registering a score and whether
operated by pegs, balls, electronic batteries, central lighting system
or by any other device and, further, any music boxes, phonographs
or other similar musical devices, operated through the insertion therein
of a coin, slug or token, without first having procured a license
therefor as hereinafter provided in this chapter.
A.
Any person, copartnership, firm, association or corporation desiring to procure a license as provided in § 94-2 of this chapter or using, operating or causing to be used or operated any or all such device(s) as aforementioned, shall first make written application for a license or licenses to the Borough Secretary on forms provided by the Borough, which application shall set forth the following:
(1)
The name or other designation of the Borough of Oakdale.
(2)
The name(s) and current address(es) of the applicant(s) or person(s)
operating or managing such device(s).
(3)
The name(s) and current address(es) of the owner(s) of the premises
where any mechanical amusement device or apparatus is to be used or
installed.
(4)
The specific place(s) where such devices(s) is/are to be used or
played.
(5)
The number, kind and type of machine(s) or device(s) to be operated,
including, but not limited to, the manufacturer's name and/or
identification, including serial number or other identifying information,
when available.
(6)
The calendar year for which the license fee(s) shall have been paid.
(7)
The date on which such license fee(s) shall have been paid.
(8)
The amount(s) of license fee(s) so paid.
B.
Said application shall thereafter be referred to the Police Department
of the Borough of Oakdale for investigation for approval, and, after
such approval, a license shall be issued by the Borough Secretary
as hereinafter set forth. Whenever any fee(s) shall have been paid
under this chapter, the Borough Secretary shall prepare a duplicate
certificate. The original certificate, to which the Borough Seal shall
be affixed, shall be given to the person(s) responsible for operating
or managing any such device(s), and the duplicate shall be kept on
file in the Borough Offices. The Borough Secretary shall also give
each person paying such fee(s) a seal or other form of document to
be affixed by the responsible person to each device upon which a fee
is or has been paid. Such seal or other form of document shall indicate
the calendar year for which the fee is paid, the type of device and
a number designation, including serial number or identifying information,
when available. Not more than one machine or device shall be operated
under one certificate, and the applicant or licensee shall be required
to secure a certificate for each and every machine or device displayed,
utilized or operated.
C.
In the event of a loss, defacement or destruction of any original
certificate or seal, the Borough Secretary, upon application, may
reissue another certificate or seal upon payment of a fee as established
from time to time by resolution of the Borough Council and amend the
duplicate of the certificate(s) first issued.
D.
In the event of removal of any device regulated under this chapter
to another location within the Borough of Oakdale or in case of a
change of identity of the person(s) operating or managing any such
device, such fact shall be reported within 15 days to the Borough
Secretary, who shall immediately amend the certificate and the duplicate
certificate. No refund on any license fee shall be granted under this
chapter in the event that any mechanical device described herein is
destroyed, stolen or otherwise disposed of.
E.
In the event of the transfer of a license from one device to another,
upon application, there shall be a new license or certificate issued,
setting forth the serial number or other identifying designation of
the new device so licensed, upon the payment of an additional fee
as established from time to time by resolution of the Borough Council.
[Amended 4-4-2019 by Ord. No. 2019-2]
A.
Nothing in this chapter shall be in any way construed to authorize,
license or permit any gambling device(s) whatsoever, or any mechanism
that has been judicially determined to be a gambling device or in
any way contrary to law, nor shall any such device be used for gambling
purposes.
B.
Tournaments associated with mechanical devices, such as pinball machines,
shall be permitted, subject to any laws of the Commonwealth of Pennsylvania,
and specifically, the laws and regulations of the Pennsylvania Liquor
Control Board.
C.
Prizes and awards associated with said tournaments shall be permitted
subject to any laws of the Commonwealth of Pennsylvania, specifically
laws and regulations of the Pennsylvania Liquor Control Board.
It shall be the duty of the Police Department of the Borough
of Oakdale to regulate and timely supervise the operation of all such
devices as aforesaid and to regularly inspect the premises where the
same are being used and to require full compliance with the laws of
the commonwealth and this chapter so that the same shall not amount
to a nuisance per se or a nuisance in fact or be used in violation
thereof.
There is hereby imposed a tax for general Borough purposes,
under the authority of the Local Tax Enabling Act[1] and other applicable authority, upon the privilege of
using for profit, within the confines of the Borough of Oakdale, any
mechanical or electrical amusement device as the same have been herein
defined. Such tax shall be payable by the person(s) owning and/or
operating the establishment(s) in which any such device(s) is/are
installed for use, and such tax shall be payable at the following
rates:
A.
Jukeboxes (as defined herein), an annual sum as established from
time to time by resolution of the Borough Council for each such device
so licensed for the calendar year or any portion thereof.
B.
Pinball machines, mechanical and/or electronic amusement devices
(as defined herein) and pool tables, an annual sum as established
from time to time by resolution of the Borough Council for each such
device so licensed for the calendar year or any portion thereof.
C.
Electronic poker and/or blackjack devices (as defined herein), an
annual sum as established from time to time by resolution of the Borough
Council for the calendar year or any portion thereof.
[1]
Editor's Note: See 53 P.S. § 6924.101 et seq.
A.
Any and all taxes imposed under the terms of this chapter shall be
payable to the Borough of Oakdale on or before the 15th day of February
of each calendar year, payable for the current twelve-month period
to end or expire upon December 31 of the same calendar year. No deduction
or refund of any tax payable under this chapter shall be granted in
the case of any tax payable for less than a full twelve-month period,
or in the case of any device destroyed, stolen, sold or otherwise
disposed of or transferred after the payment of such tax.
B.
Upon default by the person(s) responsible for payment, all taxes
imposed by this chapter, together with all penalties, interest and
costs, shall be recoverable by the Borough Solicitor as debts of like
amount are by applicable law recoverable. Additionally, upon failure
to comply, or upon default, any and all other remedies permitted by
law may be used to cause the person(s) in default or noncompliance
to cease and desist operation and use of any such device(s) until
there is compliance.
Any person, association, firm or corporation who shall violate
any provision of this chapter shall, upon conviction thereof, be sentenced
to pay 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 chapter continues shall
constitute a separate offense.
Any information gained by the Borough Secretary or any other
officials or agents of the Borough of Oakdale arising out of any investigations
and/or verifications required or authorized by this chapter shall
be kept strictly confidential, except for official purposes and except
in accordance with proper judicial order or as otherwise provided
by law.
If any tax levied pursuant to this chapter shall not be paid
when due, a penalty of 10% of the amount of the fee due for each such
device(s) as defined herein shall be added thereto.
