[Amended 1-9-1990 by Ord. No. 836; 1-6-1992 by Ord. No. 854]
For general Borough purposes and under the authority
of the Act of December 31, 1965 (Pamphlet Law 1257) and its amendments,
a tax is hereby imposed upon the privilege of using for profit, within
the Borough of Morrisville, any amusement device, any service machine
and any vending machine, as herein defined. Such tax shall be payable
by the person owning and/or operating the establishment in which such
device is installed or located for use. Such tax shall be payable
at the following rate, payable for the calendar year or any portion
thereof:
A. On each amusement device: $100 per year.
B. On each service machine: $15 per year.
C. On each vending machine: $15 per year.
D. On non-coin-operated pool table: $100 per year.
[Amended 1-9-1990 by Ord. No. 836; 10-30-1991 by Ord. No.
850]
The tax imposed herein shall be payable at the
office of the Borough Secretary on or before the thirty-first-day
of March of each calendar year. The tax on additional devices or machines
installed which exceed the number of devices or machines for which
tax was paid shall be paid prior to the use of such machines or devices.
Notwithstanding, the Borough may bill the owner-operator of the establishment
in which the devices are installed or located for use. It shall be
the responsibility of the owner-operator of the establishment at all
times to pay the tax on the proper number of machines or devices.
No deduction or refund of any tax payable under this article shall
be granted for any reason having to do with time or length of installment
of a machine or device. The Borough Secretary shall issue a certificate
to be affixed in a conspicuous public place in the premises wherein
the device is located.
If any machine for which a tax is paid is replaced
during the calendar year with a machine of the same category, i.e.,
amusement, service, or vending, no additional tax shall be required
for the replacement machine and it shall be proper to transfer the
stamp from the discarded machine to the one replacing it.
If any tax levied pursuant to this article shall
not be paid when due, a penalty of 10% of the amount of tax due and
unpaid shall be added thereto.
All taxes imposed by this article, together
with all penalties, interest and costs, shall be recoverable by the
Borough Solicitor as debts of like amounts are by law recoverable.
[Amended 10-20-1991 by Ord. No. 850]
Any person, firm or corporation who shall violate
any provision of this article shall, upon conviction thereof, be sentenced
to pay a fine of not less than $50, nor more than $300 for each machine
or device in violation of this article, together with costs of prosecution,
or to imprisonment for a term not to exceed 30 days. Provided, that
payment of any fine or costs imposed shall not be deemed payment of
tax and provided further that such fine or penalty shall be in addition
to any other penalty imposed by any other section of this article.
This article shall become effective on the 1st
day of January 1987; and shall remain in effect from year to year
thereafter unless the rate is changed by the Borough.