[HISTORY: Adopted by the Borough Council of the Borough of Baldwin 3-15-1982 by Ord. No. 522. Amendments noted where applicable.]
No person shall set up, establish or cause to be set up or established or exhibit, display or maintain for the purpose of gaining advantage or profit within the Borough any mechanical device, machine or apparatus of any kind for the playing of games or otherwise used for the purpose of amusement or entertainment by the insertion therein of a coin or any other metal disk, slug or token without obtaining a license from the license officer.
As used in this chapter, certain terms are defined as follows:
- Any individual, partnership or corporation who seeks to obtain
a license for a mechanical device under this chapter.[Added 12-21-1998 by Ord. No. 730]
- APPLICATION FOR LICENSE OF MECHANICAL DEVICE
- The document filed by the applicant requesting a permit to
possess in the Borough of Baldwin any mechanical device, music box
and/or other electronic device, machine or apparatus whatsoever for
the playing of games and amusement.[Added 12-21-1998 by Ord. No. 730]
- BUSINESS ESTABLISHMENT
- Any restaurant, bar, tavern, retail, manufacturing, wholesale,
institutional, educational, religious, governmental or other nonresidential
establishment, store or business, whether or not in operation.[Added 12-21-1998 by Ord. No. 730]
- GAMBLING DEVICE
- 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.[Added 12-21-1998 by Ord. No. 730]
- ILLEGAL GAMBLING DEVICE
- Any device, machine or apparatus 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 contains or has been modified to have a knockoff or knockdown
switch or other capability for erasing or eliminating playing credits.[Added 12-21-1998 by Ord. No. 730]
- A license holder for any period of time of any special privilege granted relevant to any section of this chapter.
- LICENSE OFFICER
- The Borough Secretary and any person to whom the Borough Secretary shall delegate the authority given to the Borough Secretary under this chapter.
- MECHANICAL DEVICE
- Any device, machine or apparatus used for the purpose of
playing games or otherwise used for the purpose of amusement or entertainment
by the insertion therein of any currency, metal disc, slug or token.[Added 12-21-1998 by Ord. No. 730]
- Any individual, partnership or corporation who is the lawful
owner of any mechanical device for which a license is sought under
this chapter.[Added 12-21-1998 by Ord. No. 730]
- Any individual, partnership or corporation who owns, leases
or maintains the business establishment in which any mechanical device
is placed for use, patronage, recreation or amusement of the public
or of persons in or about the business establishment.[Added 12-21-1998 by Ord. No. 730]
No person, either directly or indirectly, shall conduct any business or enterprise or use in connection herewith any mechanical device, in whole or in part, for which a license is required by this chapter, without first obtaining such license and keeping it in effect at all times as required by this chapter. No person under 18 years of age shall be entitled to a license under this chapter.
The license officer shall collect all license fees and issue all licenses in the name of the Borough to all persons qualified under the provisions of this chapter and shall do the following:
Make rules. Promulgate and enforce all reasonable rules and regulations necessary to the operation and enforcement of this chapter.
Adopt forms. Adopt any and all forms necessary under this chapter and prescribe the information to be given thereon.
Require affidavits. Require applicants to submit all affidavits and oaths necessary to the administration of this chapter.
Investigate. Investigate and determine the eligibility of any applicant for a license as prescribed by this chapter.
Examine records. Examine the books and records of any applicant or licensee when reasonably necessary to the administration and enforcement of this chapter.
Give notice. Notify any applicant of the acceptance or rejection of his application and deliver written reasons for denial at the applicant's request.
General standards to be applied. The general standards herein set out relative to the qualifications of every applicant for a Borough license shall be considered and applied by the license officer.
Good moral character. Each applicant shall be of good moral character. In making such determination the license officer shall consider only:
The license officer shall not issue a license if it is determined that the licensed activity at the proposed location:
The annual license fee for mechanical devices including music boxes, pool tables, pinball machines and similar devices, excluding all devices defined as "gambling devices" by § 65-2, shall be $235.
Editor's Note: This ordinance also provided that "Any revision, repeal, increase or decrease in the fees set forth in this section shall, from time to time, be amended by resolution of the Borough Council of the Borough of Baldwin."
Editor's Note: This ordinance provided that it would take effect 4-1-2002, would only be in effect for new licenses purchased after 4-1-2002, and licenses purchased prior to the effective date would not be eligible for any monetary refund.
Editor's Note: This ordinance provided for an effective date of 1-1-2004.
The annual license fee for all devices defined as "gambling devices" by § 65-2, including but not limited to video poker machines, shall be $800 per device.
[Amended 12-29-1988 by Ord. No. 600; 12-15-2003 by Ord. No. 779]
Any device licensed under this chapter may not be moved to another location within the Borough for use thereon unless a new license is obtained, except that a device licensed under this chapter may be moved to another location if the said device is replacing another device that had been licensed at said location.
A license for any device under this chapter may not be transferred to another device at the same location whether or not that device is similar to the licensed device, except that a license issued for a device which has fallen into disrepair or requires maintenance may be transferred to a substitute device or, in the event that a device in any establishment is removed, the license for that device may be transferred to the substitute or replacement device, provided that the number of devices in the establishment at which the device is located is not increased.
Should any license be transferred to a replacement device, the owner or applicant must register the new device, type and serial number with the Borough of Baldwin.
[Added 12-18-2000 by Ord. No. 748]
Should any machine be confiscated for illegal use by a recognized law enforcement agency of the Commonwealth of Pennsylvania, the license for such machine shall become null and void, and the license may not be transferred. Should any applicant or owner wish to replace the confiscated machine with another device, a new license and fee shall be obtained through the Borough of Baldwin.
[Added 12-18-2000 by Ord. No. 748]
No rebate or refund or any license fee or part thereof shall be made for any reason except if the fee or any part thereof was collected through an error.
Each license issued shall state upon its face:
In addition to the information required in the previous section, the following information is also required to be furnished to the license officer:
The licensee shall maintain at the premises where the mechanical device is located the license issued with respect to that device, together with a list of all devices licensed under the provisions of this chapter, and the licensee shall provide said list to any police officer, license officer, zoning officer or other representative of the Borough upon request. The licensee shall affix any disk, plate or insignia, if any, which may be provided by the license officer to be used in connection herewith upon the outside of any mechanical device licensed by this chapter, so that it may be easily seen at all times by interested parties.
Any licensee shall not permit any license, insignia, disk or plate to remain posted, displayed or used after the period for which it was issued has expired or when it has been suspended or revoked or when it has for any reason become ineffective. The licensee shall promptly return such inoperative license, insignia, disk or plate to the license officer.
The licensee shall not loan, sell, give or assign to any person to use or display or to destroy, damage or remove or to have in his possession, except as authorized by the license officer, any license, insignia, disk or plate which has been issued to such licensee.
The term of the license under this chapter shall be from January 1 until December 31 of each fiscal year.
[Added 12-18-2000 by Ord. No. 748]
The deadline to apply for mechanical device licenses shall be January 31 of each year. Applications must be submitted by this date or may be subject to penalties.
All violations noted by the above-mentioned inspections shall be reported to the license officer in any manner or form that the license officer shall require.
Any owner, occupant, lessee or permittee of land or lands who allows or permits any mechanical device that is required to be lodged in or on premises under his, her, its or their control when said mechanical device has not been licensed shall be considered to have violated the terms of this chapter and shall be liable for the prescribed penalties.
Any license issued pursuant to the provisions of this chapter may be revoked or suspended by the license officer for any of the following reasons:
Fraud, misrepresentation or false statement contained in the license application.
Fraud, misrepresentation or false statement made in the course of carrying on the business.
Violation of any provision of this chapter or rules or regulations duly made in accordance therewith.
Conviction of any crime or misdemeanor involving moral turpitude.
Using any machine or other mechanical device in connection herewith in an unlawful manner or in a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public.
Obstruction of or denial of entry for authorized inspections.
The license officer shall revoke the license of any licensee whose license shall be suspended twice within any one year's period of time, and no new license or reinstatement or renewal shall be approved or issued for one year from the revocation date.
[Amended 12-21-1998 by Ord. No. 730]
Nothing in this chapter shall authorize, license or permit any gambling devices or any mechanism that has been judicially determined to be a gambling device or that is in any way contrary to present or future law. A license shall not be issued unless the applicant acknowledges:
That obtaining or displaying a Borough license does not sanction, authorize or permit the use or possession of an illegal gambling device, either per se or as modified;
That the Borough shall notify the appropriate law enforcement officials of the use or possession of per se, modified or other illegal gambling devices, whether or not such devices are licensed;
The Borough shall immediately revoke the license of any mechanical device illegally used or possessed, either per se or as modified;
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 Borough or other law enforcement officials; and
That if the Borough has reasonable grounds to believe that a particular mechanical device is illegal, either per se or as modified, the Borough shall not issue a license for said device.
Any person aggrieved by any action of the license officer may request a hearing before the license officer within 10 days following the effective date of any action complained hereof. The appeal shall set out a copy of the order or decision appealed from and shall include a statement of the facts forming the basis of the appeal.
A copy of such appeal shall be filed by the appellant with the license officer at the time of filing. The license officer shall notify the aggrieved party of the date and place of hearing within five days of receipt of the appeal, and the hearing shall be held within 15 days from the date of appeal.
[Amended 12-19-1985 by Ord. No. 566; 12-21-1998 by Ord. No. 730]
Any persons or persons, firm or corporation violating any of the provisions of this chapter shall, upon conviction thereof before the District Justice, be fined up to $1,000 for each and every offense, or imprisoned for up to 30 days, at the discretion of the District Justice. Each and every day that any machine or device, under the terms of this chapter, shall be operated and used in violation thereof shall constitute a separate and distinct offense under this chapter and shall be subject to separate and distinct penalties thereunder.