[HISTORY: Adopted by the Borough Council
of the Borough of Brentwood 2-16-1999 by Ord. No. 1111. Amendments noted where
applicable.]
GENERAL REFERENCES
Taxation — See Ch. 190.
Be it ordained and enacted by the Council of
the Borough of Brentwood, and it is hereby ordained and enacted by
the authority of the same, that from and after the effective date
of this chapter, the following chapter shall be in full force and
effect in the Borough of Brentwood.
This chapter shall be known as the "Brentwood
Borough Amusement Tax Ordinance."
Ordinance No. 903, as amended, and Chapter 73 of the Code of the Borough of Brentwood[1] are hereby repealed as are all other ordinances or parts
of ordinances insofar as they conflict with the provisions of this
chapter; however, such repeal shall not affect any act done or any
liability or any liability or violation accrued under any such prior
ordinance herein repealed or superseded, and all such liabilities
or violations shall continue and may be enforced in the same manner
as if such repeal or supersession had not been made; and any offense
or violation committed and any penalty or forfeiture incurred under
any such ordinance herein repealed or superseded may be prosecuted
in the same manner as if this chapter had not been approved.
[1]
Editor's Note: Ordinance No. 903, adopted
3-2-1982, as amended, comprised former Ch. 73, Amusement Devices.
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.
Council intends to favor the public interest as against
any private interest.
G.
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.
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 an application
for license of amusement devices,[1] shall have the meaning given to them in this section:
A video or mechanical amusement device, juke box 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 or which seeks
to obtain a license for a video or mechanical amusement device under
this chapter.
The document filed by an applicant requesting a permit to
possess in the Borough of Brentwood any video or mechanical amusement
device, juke box or pool table and/or other electronic device, machine
or apparatus whatsoever for the playing of games and amusement.[2]
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 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
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 coin, currency, metal disc, slug or token.
Any individual, partnership or corporation who or which owns,
leases or maintains the business establishment in which any juke box,
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 or which is
the lawful owner of any juke box, 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 juke box, 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
dart boards, pinball machines and video games.
No person, firm, partnership, corporation or
other entity shall at any time have in his or its possession within
the Borough of Brentwood any video or mechanical amusement device,
juke box 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, corporation or other entity desiring to procure a license as required in § 73-6 of this chapter shall apply therefor, in writing, to the Borough Secretary. Said application shall set forth the following information:
A.
The name and residence of the vendor of each juke
box, 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 juke box, pool table or video or mechanical
amusement device is to be located, used or installed.
C.
If vendor and/or proprietor is a citizen of the United
States.
D.
The manufacturer, name of machine, serial number,
type and fee for each machine, video or mechanical device, pool table,
juke box 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 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 the vendor and proprietor have been provided
a copy of this chapter and that he/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 Borough Secretary shall not issue a license
for any video or mechanical amusement device to any person who:
A.
Is not a citizen of the United States;
B.
Is not twenty-one years of age; or
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
within three years of the date of application.
No license shall be granted until a period of
10 days shall have elapsed from the date of application, during which
time the Borough Secretary may, at his/her discretion, investigate
the facts set forth in the application.
A.
The Borough 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 purposes.
B.
A license shall not be issued unless the applicant
acknowledges:
(1)
That obtaining or displaying an amusement 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 Commonwealth of Pennsylvania 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.
No license shall be issued until the annual
fees set by motion of Council shall have been paid by the applicant
to the Borough of Brentwood Secretary for each and every device to
be installed or used. The annual fees paid shall be a license fee
until December 31 of each year; except, however, should any such 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 fee.
Upon the payment of the license fee provided
by this chapter, and if the application fully complies with this chapter,
the Borough 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 transferrable to another machine or device. All
discs, plates or stickers issued by the Borough of Brentwood 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 Borough of Brentwood or its agents may,
during regular business hours of the business establishment, conduct
inspections of any business establishment where any video or mechanical
amusement device, juke box or pool table licensed under this chapter
is located, installed, placed or used to ensure compliance with this
chapter.
A.
In the event that any applicant, owner or proprietor
falsifies any information on an application for license of amusement
devices or violates this chapter, the Borough of Brentwood shall immediately
revoke all licenses issued under this chapter to such applicant, vendor
or proprietor.
B.
Moreover, in the event that 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,
the Borough of Brentwood shall revoke each license issued to such
person as an applicant, vendor or proprietor.
C.
Additionally, the Borough of Brentwood shall not issue
a license of 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 the Commonwealth of Pennsylvania within three years
of the date of application.
D.
Any video or mechanical amusement device 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 rubbish).
Because the Borough of Brentwood 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 borough employee or agent may promise, suggest or insinuate,
either expressly or by implication, that the applicant, licensee,
proprietor or owner, who either illegally possesses any device used
or intended to be used for gambling purposes, shall not be prosecuted.
For each and every violation of the provisions
of this chapter, any person or persons, firm, partnership or corporation
violating any of the provisions of this chapter shall constitute a
summary offense and, upon conviction by the Issuing Authority for
the magisterial district which includes the Borough of Brentwood,
shall be sentenced to pay a fine of not less than $50, nor more than
$300, and costs of prosecution, and, in default of payment thereof,
may be committed by the Issuing Authority to the Allegheny County
Jail in conformity with the Pennsylvania Rules of Criminal Procedure
for a period not to exceed 10 days. Each and every day that any machine
or device is used and operated in violation hereof shall constitute
a separate and distinct offense under this chapter and shall be subject
to separate and distinct penalties hereunder.
