This chapter shall be known as the "Mount Oliver Borough Amusement Tax
Ordinance."
Ordinance No. 465, as amended, and Chapter
64 of the Code of the Borough of Mount Oliver are hereby repealed as are all other ordinances or parts of ordinances insofar as they conflict with the provisions of this chapter; however, such repeal shall not affect any act done or any liability or violation accrued under any such prior ordinance herein repealed or superseded, and all such liabilities or violations shall continue and may be enforced in the same manner as if such repeal or supersession had not been made; and any offense or violation committed and any penalty or forfeiture incurred under any such ordinance herein repealed or superseded may be prosecuted in the same manner as if this chapter had not been approved.
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. The 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, shall have the meanings given to them in this section:
AMUSEMENT DEVICE
Video or mechanical amusement device, jukebox or pool
table and/or other electronic device, machine or apparatus whatsoever, for
the playing of games and amusement.
APPLICANT
Any individual, partnership or corporation who seeks to obtain a
license for a video or mechanical amusement device under this chapter.
APPLICATION FOR LICENSE OF AMUSEMENT DEVICE
The document filed by an applicant requesting a permit to possess
in the Borough of Mount Oliver any video or mechanical amusement device, jukebox
or pool table and/or other electronic device, machine or apparatus whatsoever,
for the playing of games and amusement.
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.
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.
ILLEGAL GAMBLING DEVICE
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.
JUKEBOX
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.
POOL TABLE
Any device or apparatus upon which is played the games of eight-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 any coin,
currency, metal disc, slug or token.
PROPRIETOR
Any individual, partnership or corporation who owns, leases or maintains
the business establishment in which any jukebox, 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.
VENDOR
Any individual, partnership or corporation who is the lawful owner
of any jukebox, 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 jukebox, pool table or video
or mechanical amusement device for which a license is sought under this chapter.
VIDEO OR MECHANICAL AMUSEMENT DEVICE
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 possession within the Borough of Mount Oliver any video or
mechanical amusement device, jukebox 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 §
64-5 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 jukebox,
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 jukebox, pool table or video or mechanical amusement
device is to be located, used or installed.
C. If vendor and/or proprietor are citizens of the United
States.
D. The manufacturer, name of machine, serial number, type
and fee for each machine, video or mechanical device, pool table, jukebox
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;
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.
[Amended 11-20-2000 by Ord.
No. 849; 12-17-2001 by Ord.
No. 865]
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 Mount Oliver 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. Said fee shall be
paid by the 31st day of December of each year, to cover the license fee for
the following year, with a late charge of $50 per device, per day, payable
thereafter.
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 Mount Oliver 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 Mount Oliver 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, jukebox or pool table licensed
under this chapter is located, installed, placed or used, to ensure compliance
with this chapter.
Because the Borough of Mount Oliver 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 Mount Oliver, 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.