[Adopted 12-9-1946 by Ord. No. 163, approved
12-10-1946]
No person or persons, firm, partnership or corporation
shall at any time own, use, install, operate or have in its or their
possession within the limits of the Borough of Conway, County of Beaver
and Commonwealth of Pennsylvania, any coin-operated phonograph or
other similar device designed and used for profit, amusement or entertainment,
said device being commonly known as a "music box" by means of which
music is played by the insertion therein of a coin or any other metal
disk, slug or token whatsoever, without first having procured a license
therefor as hereinafter provided in this article.
Any person or persons, firm, partnership or corporation desiring to procure a license as provided in § 58-7 of this article shall apply therefor in writing to the Secretary of the Borough Council. Said application shall set forth the name or names, the residence or residences of the person or persons, firm, partnership or corporation so applying, together with the present and previous occupation of the applicant or applicants and the length of residence at the present and previous place of residence; the name of the owner of the premises upon which the aforesaid 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 and whether the applicant is a citizen of the United States. The applicant shall also set forth the manufacturer and nature of the devices to be installed and used.
Said application shall be referred by the Secretary
of the Borough Council to the Chief of Police of said Borough for
his approval. Upon notification in writing of approval by said Chief
of Police, the Secretary shall thereupon issue a license for each
separate device or apparatus for a period of one year or part thereof
as hereinafter provided, but no application shall be approved or license
granted to any person not a citizen of the United States. A similar
application shall be made for renewal or transfer of the license for
any machine or apparatus, but no fee shall be required for the transfer
of any license.
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.
[Last amended 12-30-2004 by Ord. No. 498]
No license shall be issued until a signed application
and annual fee therefor have been returned/paid to the Secretary of
the Borough in the sum of $200 for each and every musical machine
or musical device owned, possessed, installed or used under the terms
of this article in the Borough of Conway, and that license fee shall
be valid through and including December 31 of that year of issuance.
The accuracy of this annual fee for the licensee will be reexamined
periodically throughout the year after any inspection conducted by
a Borough designee.
Upon payment of the license fee provided by
this article, the Secretary shall issue a license certificate setting
forth the number of the license for each device so licensed, which
said certificate shall be attached and fastened to the respective
device so that the same may be clearly observable and readable at
all times.
