[HISTORY: Adopted by the Borough Council
of the Borough of Oakmont as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Disorderly conduct — See Ch.
87.
[Adopted 1-13-1969 as Ch. 6, Art. I, of the 1969 Code]
From and after the passage and approval of this
article, no person or persons, firm or corporation within the Borough
of Oakmont shall act, play, perform or exhibit any opera, play, circus
riding, feats of horsemanship, menagerie or exhibition of animals,
panorama, paintings, sculptors, natural curiosities, tricks or legerdemain,
gymnastics, concerts, moving picture shows or other exhibitions, entertainments,
shows or amusements of whatever name or nature, nor conduct any public
swimming pool, bathing beach, summer or roof gardens, merry-go-rounds,
bowling alley or pool or billiard room, nor conduct any public dance
hall or give any public dance or ball, nor conduct any public park,
for which money or any other reward of any kind is in any manner demanded
or received, without first having obtained a permit from the Mayor
and a license from the Borough Secretary, which said permit and license
used for that purpose shall both express for what the same is granted
and the time the same is to continue.
It shall be lawful for the Mayor at his discretion
to grant a permit to any person or persons applying to him for the
same for any of the amusements, concerts, exhibitions or performances
mentioned in the preceding section. It shall then be the duty of the
person or persons to whom such permit is granted to call at the office
of the Borough Secretary, who upon delivery to him of the license
fee hereinafter mentioned, shall issue to such person a license to
conduct such amusement, concert, exhibition, performance, bowling
alley, pool or billiard room, swimming pool, bathing beach, summer
or roof garden, dance hall or ball, and for such time as the Mayor's
permit shall specify.
A. The license fee to be paid to the Borough Secretary
for the use of the borough, by any person or persons, firm or corporation
having a permit from the Mayor and applying for license to exhibit
any theatrical or dramatic or other permanent entertainment within
said borough or to conduct a public bowling alley, pool or billiard
room or dance hall, swimming pool, bathing beach and summer or roof
garden, shall be a sum per month as set from time to time by resolution
of the Borough Council.
B. Places of amusement having no seating capacity, such
as penny arcades, edisonions, shooting galleries and similar places,
shall pay at a rate for each and every month or any fraction thereof
as set from time to time by resolution of the Borough Council.
C. Whenever any person or persons shall have taken out
a permit and license for a theatrical or dramatic or other permanent
entertainment, he or they shall not be limited to an exhibition of
the kind therein described, but may vary the entertainment by the
employment of persons in a different line of performance or exhibition,
provided that this section shall not be construed to authorize the
person so licensed to lease or let the building occupied by him or
them to other persons for the purpose of giving exhibitions therein,
but shall be limited to exhibitions and performances given by or under
the control or for the benefit of the person or persons so licensed.
D. The license fee to be paid for exhibitions which are
not permanent shall be as follows, to wit:
(1) For any opera or concert, for each performance or
for each and every week: as set from time to time by resolution of
the Borough Council.
(2) For each and every circus, menagerie or exhibition
of feats of horsemanship, or any combination of the same, per day:
as set from time to time by resolution of the Borough Council.
(3) For any public ball: as set from time to time by resolution
of the Borough Council.
(4) For any other performance or exhibition, per day:
as set from time to time by resolution of the Borough Council.
E. The license fee for every other form of public amusement
not heretofore specifically mentioned or not specifically covered
shall be at a rate per month for each and every month or any fraction
thereof: as set from time to time by resolution of the Borough Council.
For lectures on scientific, historical or literary
subjects, exhibitions or fairs, exhibitions of paintings or statuary,
given or made by citizens of said borough, and all musical parties
or concerts for benevolent, charitable or religious purposes, no permit
or license shall be required.
It shall be unlawful for any person or persons
to act, exhibit, show or perform in or cause to be acted, exhibited,
shown or performed or to be in any manner concerned in acting, exhibiting,
showing or performing of any indecent or blasphemous play, farce,
opera or public exhibition, show or entertainment or performance of
any kind whatever, and if, in the opinion of the Mayor, the act, exhibition,
show or performance given by any licensee under the provisions of
this article shall be of an indecent or blasphemous character or of
a kind prejudicial to public morals, the Mayor may, in writing, revoke
the permit already given, and the license issued shall immediately
thereupon cease and terminate, and said licensee shall forfeit all
moneys paid on said license.
It shall be unlawful for any person to give
or distribute by lottery, or any scheme of chance, personal or real
property to or among any person or persons attending any of the performances
mentioned in this article.
All public places of amusement, including dance halls, moving picture theaters, public bowling alleys, pool or billiard rooms, swimming pools, summer gardens and all other places of amusement, as more particularly itemized in §
60-1 hereof, shall close at an hour not later than 1:00 a.m. of each day, and on Saturday night of each week they shall close not later than 12:00 midnight, and during the summer months or from the last Sunday in April to the last Sunday in September of each and every summer, in which daylight saving time is commonly observed throughout the borough, the Mayor shall and may require the closing of all such places one hour earlier, to wit, not later than 12:00 midnight Eastern standard time of each day in the week except Saturday, and on each and every Saturday they shall be required to close not later than 11:00 p.m. Eastern standard time, and after closing in all cases shall remain closed at least until the sunrise following and shall otherwise obey the laws of the commonwealth and ordinances of said borough.
[Amended 3-12-2000 by Ord. No. 09-2000]
Each and every person or persons, firm or corporation
neglecting or refusing to comply with any of the provisions of this
article or in any manner violating the provisions of this article
shall, upon conviction thereof before the Mayor or any District Justice,
be punishable by a fine of not more than $600, plus costs of prosecution,
and in default of payment of such fine and costs by imprisonment for
not more than 30 days, and the owner or owners of any property or
premises let or demised or occupied, whether by license or lease,
for any of the purposes aforesaid, who shall after reasonable notice
permit his premises to be occupied or used without permit or license
as hereinbefore required shall be liable or subject to a like fine
or penalty, and provided further that he or they shall be liable to
a like and additional fine or penalty for each and every week that
the unlawful use is continued by reason of his or their failure to
cause the discontinuance of such unlawful use after such reasonable
notice or by reason of the continued failure to secure the necessary
permit and license.
The method of procedure shall be a complaint
before the Mayor or District Justice, who shall hear and adjudge said
complaint, and all moneys received under the provisions of this article
shall be for the use of the borough.
[Adopted 3-13-2000 by Ord. No. 017-2000]
Be it ordained and enacted by the Borough Council
of the Borough of Oakmont, and it is hereby ordained and enacted by
the authority of the same, that from and after the effective date
of this article, the following article shall be in full force and
effect in the Borough of Oakmont.
This article shall be known as the "Mechanical
Amusement Device Tax Ordinance."
Ordinance Nos. 1819-59, 2212-65, 028-81, 038-88,
03-95 and 026-78 are hereby repealed as are all other ordinances or parts
of ordinances insofar as they conflict with the provisions of this
article; 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 article had not been approved.
In the construction of this article, 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. That the Borough of Oakmont, through enacting this
article, intends to favor the public interest as against any private
interest.
G. The headings prefixed to sections and other divisions
of this article 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 article or in an application
for license of amusement devices, shall have the meanings given to
them in this section:
AMUSEMENT DEVICE
Video or mechanical 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 or which seeks
to obtain a license for an amusement device under this article.
APPLICATION FOR LICENSE OF AMUSEMENT DEVICE
The document filed by an applicant requesting a permit to
possess in the Borough of Oakmont 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 or 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 accumulated 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
8-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 coin, currency, metal disc, slug or token.
PROPRIETOR
Any individual, partnership or corporation who or which 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 or which is
the lawful owner of any jukebox, pool table or video or mechanical
amusement device for which a license is sought under this article,
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 the Ordinance.
No person, firm, partnership, corporation or
other entity shall at any time have in his or its possession within
the Borough of Oakmont 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
article.
Any person, firm, corporation or other entity desiring to procure a license as required in §
60-15 of this article shall apply therefor, in writing, to the Borough Manager. 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 the 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 article 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; and
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 Manager shall not issue a license
for any video or mechanical amusement devices to any person who:
A. Is not a citizen of the United States;
B. Is not 21 years of age; or
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 Manager may, at his or her discretion, investigate
the facts set forth in the application.
A. The Borough Manager 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 that:
(1) Obtaining or displaying a license, issued hereunder,
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) 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 of Oakmont or other law enforcement officials.
Nothing in this article 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 6-17-2024 by Ord. No. O6-2024]
A. No license shall be issued until the following annual
fees shall have been paid by the applicant to the Borough of Oakmont
for each and every device to be installed or used:
(2) $200 for each pool table; and
(3) $1,000 for each video or mechanical amusement device.
B. The above 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 amount that
is set forth above.
Upon the payment of the license fee provided
by this article, and if the application fully complies with this article,
the Borough Manager 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 transferable to another machine or device. All discs, plates
or stickers issued by the Borough of Oakmont 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 Oakmont or its agents may, during
regular business hours, conduct inspections of any business establishment
where any video or mechanical amusement device, jukebox or pool table
licensed under this article is located, installed, placed or used
to ensure compliance with this article.
A. In the event that any application, vendor or proprietor
falsifies any information on an application for license of amusement
devices or violates this article, the Borough of Oakmont shall immediately
revoke all licenses issued under this article to such applicant, vendor
or proprietor.
B. Moreover, in the event that a vendor of a video or
mechanical amusement device or a proprietor of a business establishment
is convicted of possessing or using a video or mechanical amusement
device in violation of the Crimes Code of the Commonwealth of Pennsylvania,
the Borough of Oakmont shall revoke each license issued to such person,
as an applicant, vendor or proprietor.
C. Additionally, the Borough of Oakmont shall not issue
a license of amusement devices to any person who 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.
D. Any video or mechanical amusement device used or possessed
in violation of the Crimes Code of the Commonwealth of Pennsylvania
or this article may be deemed contraband and forfeited in accordance
with the provisions set forth in 18 Pa.C.S.A. § 6501(d)
(relating to scattering rubbish).
Because the Borough of Oakmont 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 vendor who illegally uses or 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 article, any person or persons, firm, partnership or corporation
violating any of the provisions of this article shall constitute a
summary offense and, upon conviction by the issuing authority for
the magisterial district which includes the Borough of Oakmont, 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 article and shall be subject
to separate and distinct penalties hereunder.