[HISTORY: Adopted by the Board of Commissioners of the Township
of Stowe 2-9-1999 by Ord. No. 810 (Ch. 13, Part 2, of the 1993 Code of Ordinances). Amendments
noted where applicable.]
This chapter shall be known as the "Township of Stowe Amusement
Tax Ordinance."
In the construction of this chapter, the rules and definitions
contained in this section shall be observed and applied, except when
the context clearly indicates otherwise:
A.
Words used in the singular shall include the plural, and the plural
the singular.
B.
Words used in the past or present tense shall include the future
tense.
C.
Words used in the masculine gender shall include the feminine and
neuter.
D.
The word "shall" is always mandatory and is not discretionary.
E.
The word "may" is permissive.
F.
The Township of Stowe intends to favor the public interest as against
any private interest.
G.
Headings prefixed to sections and other divisions of this chapter
shall not be construed to control, but may be used to aid in the construction
thereof.
H.
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 chapter or in the application for license
of amusement devices shall have the meaning 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 chapter.
The document filed by an applicant requesting a permit to
possess in the Township of Stowe 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, 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 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 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 or video or mechanical amusement
device for which a license is sought under this chapter, 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 chapter.
Any device, machine or apparatus used 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, claw machines, electric or electronic
dartboards, gambling devices, pinball machines and video games.
No person, firm, partnership, corporation or other entity shall,
at any time, have in his possession within the Township of Stowe any
video or mechanical amusement device, jukebox or pool table for the
playing of games and amusement without first having procured a license
therefor as hereinafter provided in this chapter.
Any person, firm or corporation or other entity desiring to procure a license as required in § 197-4 of this chapter shall apply therefor, in writing, to the Township Secretary. Said application shall set forth the following information:
A.
The name and residence of the vendor of each jukebox, pool table
or video or mechanical amusement device to be licensed.
B.
The name and residence of the proprietor of the business establishment
in which each jukebox, pool table or video or mechanical amusement
device is to be located, used or installed.
C.
If the vendor and/or proprietor are citizens of the United States.
D.
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.
E.
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
knowledge, information or belief and that any false statements therein
are made subject to the penalties on the Crimes Code, 18 Pa.C.S.A.
§ 4904, relating to unsworn falsification to authorities.
F.
That the vendor and proprietor have been provided a copy of this
chapter and that they have read and agree to be bound by all terms
and provisions hereof.
G.
That a license does not sanction or condone the use or possession
of any illegal gambling device, whether illegal per se or as modified.
H.
That the illegal use or possession of an unlawful gambling device,
either per se or as modified, may result in a criminal prosecution
by law enforcement officials.
The Township Secretary shall not issue a license for any video
or mechanical device to any person who:
A.
Is not a citizen of the United States.
B.
Is not 21 years of age.
C.
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[1] within three years of the date of the application.
[1]
Editor's Note: See 18 Pa.C.S.A. § 101 et seq.
No license shall be granted until a period of 10 days shall
have elapsed from the date of the application, during which time the
Township Secretary may, at his or her discretion, investigate or have
the Township of Stowe Police Department investigate the facts set
forth in the application.
A.
The Township Secretary 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.
B.
A license shall not be issued unless the applicant acknowledges:
(1)
That obtaining or displaying a Township of Stowe 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.
(2)
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 Township of Stowe Police Department or other law
enforcement officials.
Nothing in this chapter shall be construed to authorize, license
or permit any gambling devices whatsoever, or any mechanism that has
been judicially determined to be a gambling device, either per se
or as modified, or in any way contrary to law or that may be contrary
to any future laws of the Commonwealth of Pennsylvania or the United
States of America.
A.
No license shall be issued until the following fees shall have been
paid by the applicant to the Township of Stowe for each individual
and respective device located, placed, installed, and/or used within
the premises:
[Amended 7-14-2020 by Ord. No. 1019]
B.
The above annual fees paid shall be a license fee until December
31 of each year; except, however, should any device be installed after
July 1 of any year, and an application therefor is made after such
date, then in such event, the license fee for that particular year,
until December 31, shall be 1/2 of the annual amount.
Upon payment of the license fee provided by this chapter, and
if the application fully complies with this chapter, the Township
Secretary shall issue a disc, plate or sticker setting forth the number
of the license for each machine so licensed, and said disc, plate
or sticker shall be attached and fastened to the respective machine
or device so that the same may be clearly observable and readable.
Discs, plates or stickers issued for a particular machine or device
are not transferable to another machine or device. All discs, plates
or stickers issued by the Township for video and mechanical amusement
devices shall state that the video or mechanical amusement device
is for amusement purposes only, that it is not a gambling device and
that only games and not money may be won on the machine or device.
The Township of Stowe or its agents may, during regular business
hours, conduct inspections of any business establishment where any
video or mechanical amusement device, jukebox or pool table licensed
under this chapter is located, installed, placed or used, to ensure
compliance with this chapter.
A.
In the event any applicant, vendor or proprietor falsifies any information
on an application for license of amusement devices or violates this
chapter, the Township shall immediately revoke all licenses issued
under this chapter to such applicant, vendor or proprietor.
B.
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,[1] the Township shall revoke each license issued to such
person as an applicant, vendor or proprietor.
[1]
Editor's Note: See 18 Pa.C.S.A. § 101 et seq.
C.
Additionally, the Township shall not issue a license or amusement
devices to any person who 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 Pennsylvania within
three years of the date of the application.
D.
Any video or mechanical amusement devices used or possessed in violation
of the Crimes Code of the Commonwealth of Pennsylvania or this chapter
may be deemed contraband and forfeited in accordance with the provisions
set forth in 18 Pa.C.S.A. § 6501(d) (relating to scattering
of rubbish).
Because the Township intends to foster compliance with the laws
of the Commonwealth of Pennsylvania and the United States regarding
illegal possession and/or use of gambling devices, no Township of
Stowe employee or agent may promise, suggest or insinuate, either
expressly or by implication, that the applicant, licensee, proprietor
or vendor who illegally uses or possesses any device used or intended
to be used for gambling purposes shall not be prosecuted.
[Amended 7-14-2020 by Ord. No. 1019]
Any violation of this chapter shall constate a summary offense,
and any person, persons, firm, partnership, corporation, and or entity
who has violated any of the provisions of this chapter shall, upon
conviction thereof, be subject to pay a fine of not less than $300
and not more than $1,050 for each individual and respective device
located, placed, installed, and/or used within the premises, and costs
of prosecution, and, in default of any payment thereof, may be subject
to imprisonment of not more than 30 days.
