[HISTORY: Adopted by the Borough Council of the Borough of
Etna 7-14-1941 by Ord. No. 719 (Ch. XIV, Part 2, of the 1974 Code of Ordinances). Amendments
noted where applicable.]
[Amended 5-19-1982 by Ord. No. 1137; 7-21-1998 by Ord. No. 1254]
For the purposes of this chapter, the following words and phrases
shall have the following meanings:
A business or portion thereof not having a current liquor
license, 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.
[Amended 5-19-1982 by Ord. No. 1137]
From and after May 17, 1982, 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 Etna 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 Etna.
[Amended 5-19-1982 by Ord. No. 1137; 1-20-2009 by Ord. No. 1322]
A.
The license fee for the operation of an electromechanical device
shall be $300 per annum, which includes pool tables, bowling, shuffle
board, pinball or any other machine operated by inserting a coin or
token; the license fee for the operation of a music device shall be
$200 per annum; and the license fee for the operation of any video
device shall be $600 per annum. Pool tables without coin receptacles
shall pay a license fee of $50 per annum.
B.
The license fee shall be paid annually to the Borough Secretary-Manager
on or before January 31 of each year. If the license fee is paid after
January 31 of each year but before the end of February of the same
year, an additional penalty of $50 per machine shall be paid. If the
license fee is paid after the end of February of each year, then the
penalty provisions set forth in Ordinance No. 1137 shall take effect.
[Amended 5-19-1982 by Ord. No. 1137]
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 Shaler 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.
[Amended 5-19-1982 by Ord. No. 1137]
It shall be the responsibility of the Borough Secretary of the
Borough of Etna, with the approval of the Borough Council, to establish
an appropriate application form for the obtaining of all licenses
pertaining to this chapter. It shall also be the responsibility of
the Borough Secretary of the Borough of Etna, with the approval of
the Borough Council, to establish the appropriate form for the licenses
that shall issue hereunder.
[Amended 5-19-1982 by Ord. No. 1137]
From and after May 17, 1982, 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 Etna an arcade without
first having procured a license from the Borough Secretary of the
Borough of Etna and paying the appropriate fee therefor. Once procured,
the said license shall not be transferable.
[Amended 5-19-1982 by Ord. No. 1137]
The license fee for conducting and/or operation of an arcade
within the Borough of Etna shall be $5,000 per annum over and above
the license fees charged for each individual electromechanical device,
music device and video device. The license fee shall be paid annually
to the Borough Secretary of the Borough of Etna on or before January
31 of each year.
[Amended 5-19-1982 by Ord. No. 1137]
A.
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 Shaler
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.
B.
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 said street or streets adjacent to said
public or private school, church, public playground, medical building
or residential zone.
[Amended 5-19-1982 by Ord. No. 1137]
It shall be the responsibility of the Borough Secretary of the
Borough of Etna, 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 Etna, with the approval of Council, to establish the appropriate
form under which this license shall issue.
All licenses granted under the provisions of this chapter shall
not be transferable from one owner to another; provided, further,
that it shall not be required to secure a new license when one machine
is replaced by another, so long as the operator is licensed to operate
the total number of machines in his place of business.
The Borough policemen, under direction of the Mayor, shall make
periodical inspections of the machines so licensed.
Said person or persons, firm or corporation, using or operating,
or causing to be used or operated, any machine or apparatus designated
in this chapter, shall first make personal application for a license
to the Borough Secretary, which application shall set forth the name,
nationality, residence and present and previous occupation of the
applicant; specific name and kind of machine; number of machines to
be licensed; location where machine or machines are to be set up and
operated. If the application is approved by the Mayor, the Borough
Secretary shall thereupon issue a license for each separate machine
or apparatus for a period of one year or part thereof upon payment
of the annual license fee for each machine.
When such license or licenses are granted, and the fee therefor
paid, the Borough Secretary shall issue a metal plate to the applicant
or applicants, which shall be fastened or exposed in a conspicuous
place upon each machine so licensed before such machine may be used
or operated.
These regulations and charges relative to licenses shall not
apply to automatic collection devices in connection with telephone
or gas meters or slot machines, wherein any coin is inserted thereby
producing therefrom a certain and uniform return in value for the
coin so deposited, such as a package of confectionery, cigarettes,
articles of toilet, card or picture, or other designated article,
which said slot machine is specifically manufactured to lawfully produce.
The licenses granted under this chapter shall be exhibited on
the request of the Mayor or any police officer, and the Mayor may,
after affording a hearing to the licensee, of which said hearing the
licensee shall have at least 48 hours' notice, suspend any license
herein granted when he deems it to be of benefit to the public health,
safety or morals, and when so suspended, that portion of the unearned
license fee shall be returned to the operator.
Nothing in this chapter shall in any way be construed to authorize,
license or permit any gambling devices whatsoever, or any mechanism
that has been judicially determined to be a gambling device, or in
any way contrary to law, or that may be contrary to any future law
or laws of the Commonwealth of Pennsylvania.
[Amended 3-8-1954 by Ord.
No. 813]
The operator of any musical machine shall not be permitted to
operate such machine between the hours of 11:30 p.m. and 7:00 a.m.,
Eastern standard time or Eastern daylight saving time, or whatever
other standard of time is generally observed in the Borough at the
time.
[Amended 5-19-1982 by Ord. No. 1137; 11-20-1984 by Ord. No. 1156; 12-11-1989 by Ord. No. 1208]
Any proprietor, person or persons, firm or corporation violating
any of the provisions of this chapter shall, upon conviction thereof,
be sentenced to pay a fine of not less than $100 per day per violation
and/or undergo imprisonment in the Allegheny County Jail for a period
not to exceed 10 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 chapter shall constitute a separate and distinct
offense. Repeated violations of this chapter shall be considered separate
grounds for revocation of any license without any obligation on the
part of the Borough of Etna to return license fees previously paid.
[Amended 5-19-1982 by Ord. No. 1137]
If any section, clause or phrase of this chapter 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 chapter as an entirety, it being the legislative intent that
this chapter shall stand notwithstanding the invalidity of any such
section, sentence, clause or phrase.
