[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.
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:
(1) One hundred dollars for each jukebox;
(2) One hundred dollars for each pool table; and
(3) Three hundred dollars 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 as follows:
(1) Fifty dollars for each jukebox;
(2) Fifty dollars for each pool table; and
(3) One hundred fifty dollars for each video or mechanical
amusement device.
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.