[HISTORY: Adopted by the Board of Commissioners of the Township of Wilkins 2-14-1983 as Ord. No. 700. Amendments noted where applicable.]
Zoning — See Ch. 173.
The following words and phrases when used in this chapter shall have the meanings ascribed to them in this section unless the context clearly indicates a different meaning:
- All manners and forms of entertainment, recreation or pastime, exhibitions, contests, displays and games.
- LICENSE YEAR
- The fiscal year beginning March 16, 1983, and ending at midnight December 31, 1983, and from thereon, shall mean the twelve-month period from January 1 through December 31.
- MECHANICAL, ELECTRICAL OR ELECTRONIC DEVICE
- Any machine or apparatus whatsoever utilizing gears, electrical current, circuits, electronic ions, rays or beams, computer chips, fuel or solar cells or any other technological methods, magnets, or in a combination thereof, offered for an established price for the purpose of amusement, recreation or for games of skill and/or chance.
- MUSIC BOX
- Any mechanical device which, upon payment of a price, whether it be by insertion of a coin, metal disc, slug, token or other form of monetary exchange, solely reproduces audio sounds.
- Any individual, partnership, limited partnership, association, corporation, trust or estate. Whenever used in any section, the term "person" as applied to associations or partnerships shall mean the members or partners thereof, and as applied to corporations, the officers thereof.
- A monetary charge of any character received from the general public or a limited or selected number thereof, directly or indirectly, for the privilege of playing, viewing or hearing such mechanical, electrical or electronic device.
- SEASONAL BUSINESS
- Any business that is open to the general public for a period of time of less than six months out of the license year to conduct any type of business whatsoever, whether it be retail or wholesale sales, services or recreational, or any combination thereof.
- The Secretary of the Township of Wilkins.
- The area within the corporate limits of the Township of Wilkins.
- VIDEO DEVICES
- Any mechanical device offered for a price to the general public or a select number thereof which reproduces images from film, tape, discs or any other technogical method. This definition does not include devices used in motion-picture theaters or drive-in theaters as these nomenclature are commonly understood and whose principal business is to exhibit motion pictures by projecting images upon a screen to be viewed by a common audience at a scheduled time, but does include devices which are viewed at random by paying the established price; such devices may be commonly known as "video jukeboxes," "peep shows" or any other nomenclature.
No person or persons shall at any time offer to the general public within the Township of Wilkins for a price any mechanical, electrical or electronic device for the playing of games and amusements or music without first having procured a license therefor as hereinafter provided by this chapter.
On or after the effective date of this chapter, it shall be unlawful for any person or persons to offer to the general public or a limited or selected number thereof mechanical, electrical or electronic devices, music boxes or video devices unless a mechanical-device license shall have been issued.
Any person or persons desiring to procure a mechanical-device license shall apply therefor, in writing, to the Secretary of the Township of Wilkins. Said application shall set forth the name or names and the residence or residences of the person or persons desiring to procure said license; if the business is a ficticious name, in addition to the ficticious name, the applicant shall state the name and address of the owners and principal place of business. If the applicant is a corporation, the application shall state, in addition to the principal address of the corporation, the name and address of the Chairman of the Board, the Board of Directors and the President of the corporation. If the officers of said corporation are changed, the corporation shall give immediate notice to the Township of Wilkins of the name and address of the new officers. The applicant shall state the name of the owner of the premises upon which the aforesaid mechanical, electrical or electronic devices, music boxes or video devices are to be used and installed, and if the owner of the premises is not the applicant, then the applicant shall set forth the length of time for which the premises has been leased. The applicant shall also set forth the nature and type of machine or machines to be installed and used, together with the manufacturer's name and the manufacturers serial number. If the machine does not contain a manufacturer's serial-number plate which is in clear view of the general public, then the applicant shall imprint a series of numbers for identification purposes upon said machine. The information heretofore required in the application shall be furnished over the signature of the applicant or applicants and shall be made under oath or affirmation.
No license shall be granted until a period of seven days shall have lapsed from the date of application, during which time the officials or employees of the Township of Wilkins may, at their discretion, investigate the facts set forth in the application.
No license shall be transferable from person to person or from premises to premises.
This chapter shall not in any way be construed to authorize or permit any gambling devices whatsoever or any mechanisms that have been judicially determined to be a gambling device or in any other way contrary to the law or that may be contrary to any present or future laws of the Commonwealth of Pennsylvania, United States of America or ordinance of the Township of Wilkins, nor shall the granting of a license be construed to authorize material, whether visual, audible, or a combination of both, which may be construed to be pornographic in nature which is prohibited by the laws of this commonwealth, United States of America or of ordinances of the Township of Wilkins.
No license shall be issued until a fee as hereinafter set forth is paid annually to the Secretary of the Township of Wilkins for each and every mechanical or electrical or electronic device, music box or video device.
Each parson offering mechanical, electrical or electronic devices, music boxes or video devices within the Township of Wilkins for a price shall, at the time of making application for a mechanical device license, pay the fees in accordance with the schedule as adopted by resolution of the Board of Commissioners.
Regular schedule. The regular schedule is applicable to mechanical, electrical or electronic devices, music boxes or video devices which are installed or offered to the general public or a selected number thereof for a price upon the premises of an establishment which is open to the general public to do any type of business for a period of six months or more out of a license year.
Seasonal schedule. The seasonal schedule shall be applicable to any mechanical, electrical or electronic devices, music boxes or video devices which are installed or offered to the general public or a selected number thereof for an established price upon the premises which are open to the general public for any type of business for a period of time of less than six months out of a license year.
The license fees heretofore mentioned shall not be prorated but shall remain the same for the whole or any portion of any one year. The test of which fee is applicable is not the length of time the aforesaid device may be upon the premises, but the length of time the business establishment is open to the general public for any type of business during the license year.
Licenses shall expire at midnight on December 31 of each year this chapter is in effect.
Licensees shall obtain new licenses for each device subject to a license fee and pay the required fee on or before January 31 of each year following a license expiration.
The Township Manager shall designate township employees to enforce this chapter, and they shall have the following duties and powers of administration:
To verify the information received from the applicant.
To periodically visit establishments open to the general public or a select number thereof to determine if all mechanical, electrical or electronic devices, music boxes or video devices are properly licensed.
To periodically inspect the premises to ensure compliance with ordinances of the Township of Wilkins and Allegheny County, statutes of the Commonwealth of Pennsylvania, including regulations pursuant thereto, and the laws of the United States of America. If violation of any ordinance, statute or law is found, the persons charged with enforcement shall issue a citation or file a complaint with the proper judicial authority.
All licenses issued for a license year are for a specific mechanical device, music box or video device, or a combination thereof, and for a specific premises or location and are not transferable from premises to premises or from person to person. Any change in the premises or location of mechanical-device licenses and/or the transfer of ownership of mechanical devices, regardless of location, requires a new license application and payment of license fees heretofore cited in § 62-8; provided, however, that a license issued for a license year may be transferred from one mechanical device of the same type to a substitute mechanical device of the same type as long as the premises or location, ownership and the total number of mechanical devices licensed to that premises or location does not change. Any additional mechanical devices or transfers from one premises to another premises which result in additional mechanical devices on said premises or any transfer of ownership shall require a new application and payment of the license fee as heretofore set forth.
Enforcement personnel may put a lead or any other type of seal upon any device for which no license fee was paid for the license year or for which an erroneous license fee was paid, whether through mistake, error, misrepresentation or failure to pay or make application or any other reason. While said devices are under seal, the owner, proprietor, manager or person in charge shall be severally and jointly responsible for any unlawful use of said sealed devices. All sealed devices shall not be offered for an established price until a valid license is issued and the fees paid thereon, whereupon the seals shall be removed.
Every person who makes application for a mechanical-device license and/or is granted a mechanical-device license shall be legally responsible for the following:
To ensure that the business where such mechanical devices are located is operated in a peaceful and orderly manner and not conducted in such a manner as to create a public or private nuisance.
To ensure that no noise, either from the mechanical devices or from the patrons, or a combination of both, which can be heard solely by the ear shall be transmitted or heard beyond the premises where the mechanical devices are located.
To ensure that none of the video devices exhibit obscene or pornographic matter.
To prevent loitering of persons on or about the area which is under the control or ownership of the persons who operate, run or own the business or premises where the devices are housed.
To be truthful on all information requested on the application.
To inform the Secretary of the township of any change in data or information provided on said application within 10 days after said changes have occurred.
To make annual application for said license and to pay the annual license fee.
This chapter is enacted under authority of Act 511 of 1965, the Local Tax Enabling Act.
Editor's Note: See 53 P.S. § 6901 et seq.
The fee imposed by this chapter shall go in effect 30 days from the date of adoption of this chapter.
The fee herein levied shall continue in force on a calendar-year basis following December 31, 1983, without annual reenactment.
Whoever makes any false or untrue statements on his application or fails or refuses to procure a mechanical-device license or to pay the required fee when so required under this chapter or fails to keep mechanical-device license conspicuously posted upon said device as required herein or shall violate the duties of a licensee hereunder shall, upon conviction before any District Justice or court of competent jurisdiction, be sentenced to pay a fine of not more than $600, plus costs of prosecution, for each offense and, in default of payment of said fine and costs, to be imprisoned in the Allegheny County jail for a period of not exceeding 30 days for each offense. In the case of firms or associations, the penalty may be imposed upon the partners or members thereof, and in the case of corporations, upon the officers thereof. Each day that a violation continues shall be considered a separate offense.