[Ord. 2320, passed 9-1-2000]
This chapter shall be known as the Amusement Devices Ordinance of the Municipality.
[Ord. 2320, passed 9-1-2000]
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 headings prefixed to sections and other divisions of this chapter shall not be considered to control, but may be used to aid in the construction thereof.
(f)
General words shall be construed to take their meanings and be restricted by preceding particular words.
[Ord. 2320, passed 9-1-2000]
Unless the context clearly indicates otherwise, the following words and phrases, used in this chapter or in an Application for License of Amusement Devices, shall have the meaning given to them in this section:
Any mechanical and/or electronic device, including, but not limited to, a juke box, pool table, video, bowling, dart and pinball machine or apparatus whatsoever, for the purposes of playing games for amusement.
Any person who seeks to obtain a license for an amusement device under this chapter.
The document filed by an applicant requesting a permit to possess any amusement device in the Municipality.
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 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 lock-off or knockdown device or other capability for erasing or eliminating accumulated playing credits or is otherwise illegal by violating any local, State or Federal law.
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 amusement device, machine or apparatus operated or otherwise used for the purpose of amusement or entertainment by inserting any coin, currency, metal disc, slug or token, including, but not limited to, a pinball machine, bowling machine, pool table and dart boards.
The Municipality of Penn Hills.
Any device or apparatus upon which is played the games of 8-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 any coin, currency, metal disc, slug or token.
Any individual, partnership or corporation who owns, leases or maintains a business establishment in which any juke box, pool table, or other 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 juke box, pool table, video device or other 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 juke box, pool table or other amusement device for which a license is sought under this chapter.
Any amusement device, machine, or apparatus whose game or results are shown on a video screen 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.
[Ord. 2320, passed 9-1-2000]
No person shall at any time have in his or her possession within the boundaries of the Municipality any amusement device 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, without having first procured a license therefor as hereinafter provided.
[Ord. 2320, passed 9-1-2000]
Any person desiring to procure a license as required in Section 808.04 shall apply therefor in writing to the Police Department. Said application shall set forth the following information:
(a)
The name and residence of the vendor of each amusement device to be licensed;
(b)
The name and residence of the proprietor of the business establishment in which each 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 amusement device, 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 personal knowledge, information or belief, and that any false statements therein are made subject to the penalties of the Crimes Code, 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities;
(f)
That a license does not sanction or condone the use or possession of any illegal gambling device;
(g)
That any amusement device possessed or used in violation of any local, State or Federal laws may result in a criminal prosecution by law enforcement officials.
[Ord. 2320, passed 9-1-2000]
The information required in Section 808.05 shall be furnished over the signature of the applicant and shall be made under oath or affirmation.
[Ord. 2320, passed 9-1-2000]
The Police Department shall not issue a license for any amusement device to any person who:
(a)
Is not a citizen of the United States;
(b)
Is not at least 21 years of age;
(c)
Has been found guilty of, or accepted Accelerated Rehabilitative Disposition for, possessing or using an amusement device in violation of any local, State or Federal laws, within five years of the date of the application.
[Ord. 2320, passed 9-1-2000]
No license shall be granted until a period of seven days shall have elapsed from the date of the application, during which time the Police Department shall investigate the facts set forth in the application. No license shall be transferred unless specifically authorized in writing by the Municipality.
(a)
The Police Department shall refuse to issue a license for any amusement device that the applicant has not affirmed will not be designed or intended to be used for illegal gambling purposes.
(b)
A license shall not be issued unless the applicant acknowledges the following:
(1)
That obtaining or displaying an amusement device license does not sanction or permit the use of any amusement device for illegal gambling purposes or possession of an illegal gambling device;
(2)
That if the applicant or licensee uses or possesses an illegal gambling device, he or she may be prosecuted by law enforcement officials.
[Ord. 2320, passed 9-1-2000]
Nothing in this chapter shall in any way be construed to authorize, license or permit any illegal gambling device whatsoever or any mechanism that has been judicially determined to be an illegal gambling device either per se or as modified or in any way contrary to law, or that may be contrary to any present or future local, State or Federal laws.
[Ord. 2320, passed 9-1-2000]
After inspection has been made, if inspection was warranted, and after the application has been approved, the license required in § 808.04 shall be issued upon the payment to the Police Department of the following annual fees per machine or device:
[Ord. 2320, passed 9-1-2000]
No person shall place any amusement device upon any premises within 500 feet of any public, parochial or private school building.
[Ord. 2320, passed 9-1-2000]
Upon the payment of the license fee provided in § 808.10, the Police Department, or any agent or employee of the Municipality lawfully authorized by Council to do so, shall issue a license certificate which shall set forth the number of amusement devices, games or machines permitted on the premises. The license certificate must be kept on the premises at all times and posted so that it is clearly observable to a police officer. The license certificate shall not be affixed to any amusement device. No person shall install, use or keep an amusement device or machine in excess of the number permitted on the license certificate. All license certificates shall state that the amusement device is for amusement purposes only, that it is not an illegal gambling device and that only games and not money may be won on said devices.
[Ord. 2320, passed 9-1-2000]
An licenses must be obtained and a fee paid not later than January 31 for each year. A penalty of 10% must be paid for each month after the due date the payment is not received.
[Ord. 2320, passed 9-1-2000]
The Municipality or its agents may, during regular business hours, conduct inspections of any business establishment where any amusement device licensed under this chapter is located, installed, placed or used, to ensure compliance with this chapter.
[Ord. 2320, passed 9-1-2000]
(a)
If any applicant, vendor or proprietor falsifies any information on an Application for License of Amusement Devices, or otherwise violates any provisions of this chapter, the Municipality shall immediately revoke all licenses issued under this chapter to such applicant, vendor or proprietor and take whatever appropriate legal action is necessary.
(b)
If a vendor of an amusement device or a proprietor of a business establishment is convicted of possessing or using an illegal amusement device, the Municipality shall revoke each license issued to such person, as an applicant, vendor or proprietor.
(c)
Any illegal amusement device used or possessed in violation of any local, State or Federal law may be deemed contraband and forfeited in accordance with the law.
[Ord. 2320, passed 9-1-2000]
Because the Municipality intends to foster compliance with the laws of the Commonwealth and the United States regarding illegal possession and/or use of illegal gambling devices, no Municipal 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 illegal gambling purposes, shall not be prosecuted.
[Ord. 2320, passed 9-1-2000]
This chapter shall not apply to mechanical devices that dispense tobacco, food or drink products.
[Ord. 2320, passed 9-1-2000]
A violation of any of the provisions of this chapter shall be deemed a summary offense.
[1]
Editor's Note: See § 202.99 for general Code penalty if no specific penalty is provided.