[HISTORY: Adopted by the Borough Council of the Borough of
Cheswick as indicated in article histories. Amendments noted where
applicable.]
[Adopted 2-23-2010 by Ord. No. 765-C]
As used in this chapter, certain terms are defined as follows:
All manner and forms of entertainment, including concerts,
vaudeville, circus, carnival and side shows; all forms of entertainment
at fairgrounds and amusement parks; athletic contests including wrestling
matches, boxing and sparring exhibitions, football, basketball and
baseball games, skating, golfing, tennis, hockey, bathing, swimming,
archery, shooting, riding, dancing and all other forms of diversion,
sport, recreation or pastime; shows, exhibitions, contests, displays
and games, and all other methods of obtaining admission charges, donations,
contributions or monetary charges of any character, from the general
public or a limited or selected number thereof, directly or indirectly,
in return for other than tangible property, or specific personal professional
services; provided that the term "amusement" shall not include private
annual affairs sponsored by nonprofit organizations for members and
their guests at which the admission charges or contribution equal
or approximate the expenses.
Regular monetary charge of any character, including donations
and contributions, fixed and exacted or in any manner received by
producers, as herein defined, from the general public or a limited
or selected number thereof, directly or indirectly, for the privilege
of attending or engaging in any entertainment or amusement, provided
that:
When entertainment or amusement is conducted in any roof garden,
nightclub, cabaret or other place where the charge for admission,
wholly or in part, is included in the price paid for refreshment,
service or merchandise, the amount paid for admission to the amusement
shall be deemed to be 10% of the amount paid for refreshment, service
and merchandise;
When amusement is conducted at a social club or fraternal organization
which also furnishes entertainment for which a separate charge is
not made, the established price shall be 50% of the gross receipts;
Where admission is obtained to any amusement solely or partly
by a contribution or donation and there is no fixed price for amusement
and not less than 75 of the proceeds of the amusement inure exclusively
to the benefit of a charitable organization, the established price
for amusement for purposes of the tax shall be 25% of the total donation,
contribution and other monetary charge. Where a fixed price has been
established for the general public for a particular amusement which
is sponsored by a charitable organization, the fixed price shall be
the established price for the tax without regard to the foregoing
75% requirement.
Anyone participating in the privilege of engaging in the
amusement.
Artistic performances of live concerts, dance, ballet, opera,
traditional forms of drama, including both comedy and tragedy, repertoire
works and dramatic recitation of recognized works of literary art
of the kind and in the nature normally associated with traditional
and contemporary American theater.
A corporation, partnership, self-employed individual, business
trust, association, estate, trust, foundation or natural person. Whenever
used in any provision prescribing a fine or penalty, the word "person,"
as applied to partnerships, shall mean the partners thereof, and as
applied to corporations and unincorporated associations, shall mean
the officers thereof.
Any place indoors or outdoors within the Borough where the
general public or a limited or selected number thereof may, upon payment
of an established price, attend or engage in any amusement as herein
defined, including, among others, theaters, opera houses, amusement
parks, skating rinks, circus or carnival tents or grounds, fairgrounds,
social sporting, athletic riding, gun and country clubs, golf courses,
bathing and swimming places, dance halls, tennis courts, rifle or
shotgun ranges, roof gardens, cabarets, nightclubs and other like
places.
Any person conducting any place of amusement, as herein defined,
where the general public, or a limited or selected number thereof,
may, upon the payment of an established price, attend or engage in
any amusement.
Any amusement that is conducted in the Borough for a period
of time not exceeding 30 days.
No producer shall begin or continue to conduct any form of amusement
at any permanent or temporary place of amusement, or any itinerant
form of amusement within the city, unless an amusement permit has
been issued; the rate for said permit shall be as set forth in a schedule
of fees adopted and amended from time to time by resolution of the
Borough Council, said schedule to be on file with the Borough Secretary,
and the tax herein imposed paid in accordance with law.
A.
Applications. Every producer desiring to begin or continue to conduct
any amusement within the Borough shall file an application for a permanent,
temporary or itinerant amusement permit with the Borough.
(1)
Format. Every application for a permit shall be made upon a form
prescribed, prepared and furnished by the Borough, and shall set forth
the name under which the applicant conducts or intends to conduct
a permanent or temporary place of amusement.
(2)
More than one business location. If the applicant has or intends
to have more than one place of amusement within the Borough, the application
shall indicate the location of each place of amusement and, in the
case of an itinerant form of amusement, the date and length of time
the amusement is to be conducted at each place.
(3)
Temporary place of amusement. In the case of an application for a
permit for a temporary place of amusement, the application shall state
the name and address of the owner, lessee or custodian of the premises
upon which such amusement is to be conducted.
(4)
Associations or corporations. If the applicant is an association
or a corporation, the names and addresses of the principal officers
thereof and any other information prescribed by the Borough for purposes
of identification shall be stated.
(5)
Signatures required. The application shall be signed and verified
by oath or affirmation by the producer if a natural person, and in
the case of an association by a member or partner thereof, and in
the case of a corporation by an executive officer thereof, or some
natural person specifically authorized by the corporation to sign
the application, to which shall be attached the written evidence of
his or her authority.
B.
Issuance and use. Upon approval of the application and payment of the fees required by law, the Borough shall issue to each applicant an amusement permit for each place of amusement within the Borough set forth in his or her application. Amusement permits shall not be assignable, shall be valid only for the persons in whose names issue and for the conduct of amusements at the places designated therein, and shall at all times be conspicuously displayed at the places for which issued. The Mayor shall have the duty of regulating and supervising the operation of all amusements, their activities, hours of opening and closing and determine whether the operation of any amusement activity amounts to a public nuisance, or such operation is in violation of the Acts of the commonwealth and the ordinances of the Borough and, if such determination is made, shall recommend to the Borough that said permit be suspended or revoked as per § 65-3C herein.
C.
Permit suspension. the Borough may suspend or after hearing revoke
an amusement permit whenever the Borough finds the permittee has failed
to comply with any of the provisions of this article. Upon suspending
or revoking any amusement permit, the Borough shall request the permittee
to surrender to the Borough immediately all permits or duplicates
thereof issued to the Borough; the permittee shall surrender promptly
all permits to the Borough as requested. Whenever the Borough suspends
an amusement permit, he or she shall notify the permittee immediately
and afford him or her a hearing if desired. After the hearing and
for good cause, the Borough shall either rescind or continue the order
of suspension and revoke the permit.
A.
General rate. A tax is hereby imposed upon the patron of any amusement
for the privilege of attending or engaging in any amusement at the
rate of 5% of the established price charged the general public, or
a limited or selected group thereof, by any producer for the privilege,
which shall be paid by the person acquiring the privilege for any
given calendar year.
B.
Tax computations for free admissions. If persons are admitted free
to any place of amusement at a time and under circumstances for which
an established price is charged to other persons, the tax imposed
herein shall be computed on the established price charged to other
persons for the same or similar accommodations, to be paid by the
person so admitted. If persons are admitted at a reduced rate, the
tax imposed shall be computed on the reduced rate paid. However, children
under 12 years of age, disabled veterans and members of the armed
services when on active duty and in uniform, who are admitted free
of charge to any place of amusement, shall not be required to pay
the tax imposed by this chapter.
C.
Tax on boxes or other seating. For persons having the permanent use
or lease of boxes or seats in any place of amusement, the tax imposed
shall be computed on the price or rental charged for boxes or seats
in the place of amusement, the tax to be paid by the holder or lessee.
A.
Producers. Producers shall collect the tax imposed herein and shall
be liable to the Borough agents thereof for the payment of the same
to the Borough. If, however, any producer shall neglect or refuse
to make any report and payment as herein required, an additional 5%
of the amount of the tax shall be added by the Borough and collected
as a penalty for each month or fraction thereof during which the tax
remains unpaid, together with interest of 5%.
B.
Temporary amusements. Where permits are obtained for conducting temporary
amusements by persons who are not the owners, lessees or custodians
of the places where the amusements are to be conducted, or where the
temporary amusement is permitted by the owner, lessee or custodian
of any place to be conducted without obtaining permits requires herein,
the tax imposed shall be paid by the owner, lessee or custodian of
the place where the temporary amusement is conducted, unless paid
by the producer conducting the amusement.
C.
Season tickets. Where patrons have the use of boxes or seats and
are required to pay the entire season price at the time the seating
is acquired, the producer shall collect the tax imposed herein and
remit it at the time the reservation of the seating is made by the
patron, that is, in advance of the season's amusement.
D.
Monthly report. Every producer, except as hereinafter provided, conducting
a place of amusement, on or before the 15th day of each month, shall
transmit to the Borough, on a form prescribed and prepared by the
Borough, a report under oath or affirmation of the amount of tax collected
by him during the preceding month.
E.
Performance report. Every producer conducting a temporary place of
amusement or itinerant form of amusement shall file a report promptly
after each performance with the Borough or its duly authorized agent.
F.
Tax due date. The amount of all taxes imposed under the provisions
of this chapter shall for places of permanent amusement be payable
on the 15th day of the next succeeding month, and shall for temporary
or itinerant forms of amusement be due and payable on the day such
reports are required to be made under this section.
A.
Delineating the amusement tax. For each admission subject to the
collection of a tax pursuant to the provisions of the article, the
producer shall cause to be printed clearly on the face of any ticket,
receipt or any other token purchased by a patron for the purpose of
admission to an amusement the following information:
B.
Every place of amusement must maintain, conspicuously posted at the
entrance, and near the box office or place at which the established
price is paid, one or more signs accurately stating:
[Amended 5-17-1988 by Ord. No. 663-C]
Any person violating any of the provisions of this article shall
be punishable, upon conviction thereof, by a fine of not less than
$50 nor more than $600, and costs of prosecution, for each offense
or, upon default in payment of the fine and costs, by imprisonment
in the county jail for not more than 30 days.
This article shall be effective on the 23rd day of February,
2010.
[Adopted 4-26-1976 by Ord. No. 589]
As used in this article, unless the context otherwise indicates,
the following terms shall have the meanings indicated:
Refers to the license which may be obtained by any person
who wishes to operate, at one location, 25 to 34 mechanical amusement
devices.
[Added 10-25-1977 by Ord.
No. 599]
Any music vending machine, contrivance or device which, upon
the insertion of a coin, slug, token, plate, disc or key into any
slot, crevice or other opening, or by the payment of any price, operates
or may be operated for the emission of songs, music or similar amusement.
Any machine which, upon the insertion of a coin, slug, token,
plate or disc, may be operated by the public generally for use as
a game, entertainment or amusement, whether or not registering a score.
It shall include such devices as marble machines, pinball machines,
skill ball, mechanical grab machines, electrical amusement devices
and all games, operations or transactions similar thereto under whatever
name they may be indicated.
Includes the following: any person, firm, corporation or
association which owns any such machine; the person, firm, corporation
or association in whose place of business any such machine is placed
for use by the public; and the person, firm, corporation or association
having control over such machine; provided, however, that the payment
of such fee by any person, firm, corporation or association enumerated
herein shall be deemed a compliance with this section of the article.
Nothing in this article 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 laws
of the Commonwealth of Pennsylvania.
A.
Any person, firm, corporation or association displaying for public patronage or keeping for operation any jukebox or mechanical amusement device as herein defined by § 65-9 shall be required to obtain a license from the Borough of Cheswick, upon payment of a license fee. Application for such license shall be made to the Mayor upon a form to be supplied by the Borough Secretary for that purpose.
B.
Commencing on January 1, 1979, and for each succeeding year thereafter
or until further change by ordinance, a license, as required by this
article, must be acquired and the appropriate fees as set forth in
this article must be paid by the 30th day of January of each year.
[Added 6-27-1978 by Ord.
No. 603]
C.
Failure to pay said fee on the date specified shall result in the penalty of a surcharge of 25% of the required fee, if paid within the succeeding 30 days. If not paid within the succeeding 30 days, the first day following the 30th day, the Mayor may direct that the machines, mechanical devices, jukeboxes, etc., may be sealed until such time as the fee is paid. If said machines, mechanical devices, jukeboxes, etc., are continued to be used in violation of this section, the persons, firm, corporation or association shall be subject to the penalty as set forth in § 65-19, and each day of continued use shall be regarded as a separate offense.
[Added 6-27-1978 by Ord.
No. 603]
A.
The application for such license shall contain the following information:
(1)
The name and address of the applicant; age, date and place of birth.
(2)
The occupation or business of the applicant.
(3)
The place where the machine or device is to be displayed or operated
and the business conducted at the place.
(4)
A description of the machine to be covered by the license, mechanical
features, name of manufacturer and serial number.
B.
No license shall be issued to any applicant unless he shall be over
18 years of age and a citizen of the United States.
C.
Application for license shall be made out in triplicate, one copy
being referred to the Chief of Police, one copy referred to the Mayor
and one copy referred to the Borough Secretary.
[Amended 12-18-2019 by Ord. No. 800-C]
Within 21 days after receipt of an application as provided for
herein, the Borough Secretary shall cause an investigation to be made
of the applicant and the applicant's proposed jukebox or mechanical
device, and shall report the findings to the Mayor.
The Mayor of the Borough of Cheswick shall issue a license hereunder
when he finds that the applicant is of good moral character and capable
of operating proposed business in a manner consistent with the public
safety and general welfare.
[Amended 4-21-1987 by Ord. No. 569]
A.
Every applicant, before being granted a license, shall pay the annual license fee for the privilege of operating or maintaining for operation each jukebox or mechanical amusement device as defined in § 65-9, in accordance with a schedule of fees adopted and amended from time to time by the Borough Council.[1]
[Amended 10-25-1977 by Ord. No. 599]
[1]
Editor's Note: The schedule of fees is on file in the
office of the Borough Secretary.
B.
Such license shall be valid for the entire calendar year for which
it is issued and shall expire following the last day of such calendar
year. Any license issued on or after the first day of July in any
year shall be issued upon payment of 1/2 of the sum set forth in the
schedule of fees.[2]
[2]
Editor's Note: The schedule of fees in on file in the
office of the Borough Secretary.
A.
The license or licenses herein provided for shall be posted permanently
and conspicuously at the location of the machine in the premises wherein
the device is to be operated or maintained to be operated.
B.
Such license may be transferred from one machine or device to another
similar machine upon application to the Borough Secretary to such
effect and the giving of a description and the serial number of the
new machine or device. Not more than one machine shall be operated
under one license, and the applicant or licensee shall be required
to secure a license for each and every machine displayed or operated
by him.
C.
If the licensee shall move his place of business to another location within the Borough of Cheswick, the license may be transferred to such new location upon application to the Borough Secretary, giving the street and the number of the new location. The new location shall be approved by the Chief of Police and the Mayor in the same manner as provided in § 65-13 of this article.
D.
A license shall not be transferable from person to person and shall
be usable only by the person designated in the license.
A.
No person, firm, corporation or association holding a license under this article shall permit the playing of jukeboxes or mechanical amusement devices, as defined in § 65-9, between the hours of 2:00 a.m. and 6:00 a.m. of any day.
B.
The Borough police, under the direction of the Mayor, shall make
periodical inspections of mechanical amusement devices licensed under
this article.
Every license issued under this article is subject to the right,
which is hereby expressly reserved, to revoke the same, should the
licensee, directly or indirectly, permit the operation of any jukebox
or mechanical amusement device contrary to the provisions of this
article, the ordinances of the Borough of Cheswick or the laws of
the Commonwealth of Pennsylvania. Said license may be revoked by the
Borough Council after written notice to the licensee, which notice
shall specify the ordinance or law violations with which the licensee
is charged, if after a hearing the licensee is found to be guilty
of such violations. Ten days' notice of the hearing shall be
given the licensee. At such hearing, the licensee and his attorney
may present and submit evidence of witnesses in his defense.
[Amended 4-21-1987 by Ord. No. 569; 5-17-1988 by Ord. No. 663-C]
Any person violating any of the provisions of this article shall
be punishable, upon conviction thereof, by a fine of not less than
$50 nor more than $600, and costs of prosecution, for each offense
or, upon default in payment of the fine and costs, by imprisonment
in the county jail for not more than 30 days.
