[HISTORY: Adopted by the Mayor and Council of the Borough
of Blawnox as indicated in article histories. Amendments noted where
applicable.]
[Adopted 3-21-1983 by Ord. No. 417]
For the purpose of this article, the following words and phrases
shall have the following meanings:
A business or portion thereof having on its premises for
use by the public of more than five video devices and/or electromechanical
devices.
Any machine operated by inserting a coin or token, such as
a pinball machine, bowling machine, or a pool table.
A jukebox.
The person in whose place of business any such electromechanical
device, music device or video device is placed for the use, patronage,
or recreation of the public or of persons in or about said place.
Any machine, including any electromechanical device, whose
game or results are shown on a video screen.
It shall be unlawful for a proprietor, person or persons, firm or corporation, to operate or permit to be operated within the limits of the Borough of Blawnox any electromechanical device, music device or video device for the playing of games, and/or for amusement through the insertion therein of a coin or other metal disc or any type of token whatsoever, without first having procured a license therefor from the Borough Secretary of the Borough of Blawnox, pursuant to Chapter 490, Article II, Mechanical Device Tax.
No proprietor, employee thereof, or person in charge shall allow
any minor under 18 years of age to play or use any electromechanical
device, music device or video device, during the academic year for
the Fox Chapel Area Public School System between the hours of 10:00
p.m. and 3:00 p.m. the following day, except during school holidays
and on Saturdays and Sundays.
From and after March 21, 1983, it shall be unlawful for any
proprietor, person, or persons, firm or corporation, to operate or
permit to be operated within the limits of the Borough of Blawnox
an arcade without first having procured a license from the Borough
Secretary of the Borough of Blawnox and paying the appropriate fee
therefor. Once procured, the said license shall not be transferable.
A.Â
The annual
license fee for conduct and/or operation of an arcade within the Borough
of Blawnox shall be established by resolution of the Mayor and Council
over and above the license fees charged for each individual electromechanical
device, music device and video device.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.Â
The license
fee shall be paid annually to the Borough Secretary of the Borough
of Blawnox on or before January 31 of each year. For the purpose of
the year 1983, the fee for that year is due and payable within 30
days of the date of the passage of this article.
It shall be unlawful for any proprietor to cause, permit or allow an arcade to be located, operated or maintained within 1,000 feet of a public or private school, church, public playground, medical building or within 300 feet of any residential zone; said distance to be measured from the entrance or exit in the most direct line or route on, along or across street or streets adjacent to said public or private school, church, public playground, medical building or residential zone. Residential zones are defined by the Chapter 550, Zoning, and the Zoning Map and are open for inspection in the Blawnox Municipal Building, 376 Freeport Road, Blawnox, PA.
It shall be the responsibility of the Borough Secretary of the
Borough of Blawnox with the approval of Council to establish an appropriate
application form for the obtaining of an arcade license. It shall
also be the responsibility of the Borough Secretary of the Borough
of Blawnox with the approval of Council to establish the appropriate
form under which this license shall issue.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any proprietor, person or persons, firm or corporation, violating
any of the provisions of this article shall, upon conviction in a
summary proceeding under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus court costs and reasonable attorneys' fees
incurred by the Borough in the enforcement proceedings. Upon judgment
against any person by summary conviction, or by proceedings by summons
on default of the payment of the fine or penalty imposed and the costs,
the defendant may be sentenced and committed to the county correctional
facility for a period not exceeding 30 days. Each day that any arcade
and/or electromechanical device, music device and/or video device
shall be operated or used in violation of this article shall constitute
a separate and distinct offense. Repeated violations of this article
shall be considered separate grounds for revocation of any license
without any obligation on the part of the Borough of Blawnox to return
license fees previously paid.
If any section, clause, or phrase of this article is for any
reason held to be unconstitutional, such decision shall not affect
the validity of the remaining sections, sentences, clauses, and phrases
of this article as an entirety, it being the legislative intent that
this article shall stand notwithstanding the invalidity of any such
section, sentence, clause or phrase.
All ordinances or parts of ordinances inconsistent with this
article are repealed insofar as their inconsistency with the terms
of this article.
