[HISTORY: Adopted by the Board of Supervisors of the Township of Allegheny 11-14-1994 (§§ 3.21 to 3.32 of the 1986 Code). Amendments noted where applicable.]
The following terms, when used in this chapter, shall have the following definitions:
- Includes any theatrical or dramatic performance, opera, concert, vaudeville or motion-picture show, circus, menagerie or carnival, or any other exhibition, show or amusement whatsoever of any nature or kind, for which an admission fee is charged or for which money or any other nature of reward is in any manner demanded or received; provided, however, that the term "amusements" shall not include any lecture on current affairs or any scientific, literary, historical, or religious subject, nor shall such term include any exhibition of statuary, painting or handicraft of any kind nor any church or school affair, nor any performance or exhibition conducted for benevolent or charitable purpose.
- MECHANICAL DEVICE
- Any machine or apparatus whatsoever utilizing gears, electrical current, circuits, electronic ions, rays or beams, computer chips, fuel or solar cells or any other technological methods, magnets or any combination thereof, offered for an established price for the purpose of amusement, recreation or for games of skill and/or chance. The term "mechanical device," as used in this chapter, shall also include music boxes and video devices as those terms are described herein.
- MUSIC BOX
- Any mechanical device which, upon payment of the price, whether it be by insertion of a coin, metal disc, slug, token or other form of monetary exchange, solely reproduces audio sounds.
- Any natural person, partnership, association, firm, corporation or other entity.
- VIDEO DEVICE
- Any mechanical device offered for a price to the general public or a select number thereof, which reproduces images from film, tape, discs, computer chips, or any other technological method, including devices which are viewed at random by paying the established price. Such devices may be commonly known as "video games," "arcade games," "pinball machines," "video jukeboxes" or other similar nomenclature, excepting those devices used in motion-picture theaters or drive-in theaters as those nomenclatures are commonly understood and whose principal business is to exhibit motion pictures by projecting images upon a screen to be viewed by a common audience at a scheduled time.
In this chapter, the singular shall include the plural and the masculine shall include the feminine and the neuter.
No person or persons shall at any time offer to the general public within the Township of Allegheny for a price any amusement, mechanical device, music box, video device or place of amusement without first having procured a license therefor as hereinafter provided by this chapter.
On or after the effective date of this chapter, it shall be unlawful for any person or persons to offer to the general public, or limited or selected number thereof, amusements, mechanical devices, music boxes, video devices or to otherwise operate a place of amusement unless an amusement and/or mechanical device license shall have been issued by the Township of Allegheny.
Any person or persons desiring to procure an amusement, place of amusement and/or mechanical device license shall apply therefor in writing to the Manager of the Township of Allegheny. Said application shall set forth the name or names and the residence or residences of the person or persons, firm, corporation, or other entity so applying, together with the name of the owner of the premises upon which the aforesaid machines 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. The applicant shall also set forth the manufacturer and nature of the machines to be installed and used and/or the type of amusements or places of amusement to be offered and/or operated. The information hereby required shall be furnished over the signature of the applicant or applicants and shall be made under oath or affirmation.
No license shall be granted until a period of seven days shall have elapsed from the date of application, during which time the officials or employees of the Township of Allegheny may, at their discretion, investigate the facts set forth in the application. No license shall be transferable and any attempt to transfer said license will void the license and subject the holder of the transferred license to the penalties contained herein.
Nothing in this chapter shall in any way be construed to authorize, license or permit any gambling device 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 present or future laws of the Commonwealth of Pennsylvania.
It shall be unlawful for any person to offer to the general public or operate any amusement, place of amusement and/or mechanical device without first having obtained a license therefor from the Township Manager for which a fee shall be paid as established pursuant to a resolution of the Board of Supervisors of Allegheny Township, as such resolution may from time to time be amended or repealed and replaced. Any person may obtain information concerning license fees by contacting the Township Manager.
The license year shall be from January 1 to December 31 of each year, and in the event that any place of amusement or mechanical device is subject to an annual license fee and the same is offered, operated and/or installed within the first six months of the year, the full license fee shall be due and payable, and in the event that any of the said amusements, places of amusement and/or mechanical devices are offered, operated and/or installed after the 30th day of June in any year, then the license fee for the balance of the year shall be 1/2 of the license fee hereinabove set forth for those items subject to an annual fee as set forth, and upon payment of the license fee herein provided a license will be issued.
The Chief of Police and the Police Department shall have the duty of regulating and supervising the operation of any such mechanical devices, amusements, and/or places of amusement and to regularly inspect the same to determine whether or not the installation, maintenance, use and/or operation thereof amounts to a public nuisance. In the event that it is determined that any such amusements, places of amusement or mechanical devices constitute a nuisance or are installed, maintained, used, offered and/or operated in violation of the acts of the commonwealth and/or the ordinances of the Township of Allegheny, then the license as to all amusements, places of amusement and/or mechanical devices operated by the licensee shall be revoked and there shall be no rebate of the license fee theretofore paid.
Every person who makes application for an amusement, place of amusement or mechanical device license and/or is granted said license shall be legally responsible for the following:
To insure that the business where such amusement, place of amusement and/or mechanical device is offered and/or available is operated in a peaceful and orderly manner and not conducted in such a manner as to create a public or private nuisance.
To insure that no noise, either from the amusement, place of amusement and/or mechanical devices, or from the patrons, or a combination of both, which can be heard solely by the ear, shall be transmitted or heard beyond the premises where the amusement, place of amusement or mechanical device is located.
To insure that none of the video devices exhibit obscene or pornographic matter.
To prevent loitering of persons on or about the area which is under the control or ownership of the persons who operate, run, offer or own the business or premises where the amusement, place of amusement or mechanical device is housed.
To be truthful with respect to all information requested on the application for the license and to cooperate fully with the Allegheny Township police.
To inform the Manager of the Township of Allegheny of any change in data or information provided on said application within 10 days after said changes have occurred or after the applicant or licensee becomes aware of said changes.
To make annual application for said license and to pay the annual license fee on or before January 1 of the year for which the license is requested.
To comply with all the requirements of this chapter.
Any person or persons who make false or untrue statements on an application, or fail or refuse to procure an amusement, place of amusement and/or mechanical device license or to pay the required fee when so required under this chapter, or fails to keep said license conspicuously posted upon said amusement, place of amusement or mechanical device as required herein, or violates the duties of a licensee hereunder shall, upon conviction before any District Justice or court of competent jurisdiction, be sentenced to pay a fine of not more than $300 for each offense, and in default of payment of said fine, to be imprisoned for a period not exceeding 30 days for each offense. In the case of firms, corporations, associations, partnerships or other entities, the penalty may be imposed upon the partners or members thereof, and in the case of corporations, upon the officers thereof. Each day that a violation continues shall be considered a separate offense.
The provisions of this chapter are severable. If any sentence, word, phrase, clause or section of this chapter is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, words, phrases, clauses or sections of this chapter. It is hereby declared to be the intent of the Township of Allegheny that this chapter would have been adopted as if such unconstitutional, illegal or invalid sentence, word, phrase, clause or section had not been included herein. If the fee, or any portion thereof, imposed on a person under the provisions of this chapter, shall be held by any court of jurisdiction to be in violation of the Constitution of the United States or the laws and/or constitution of the Commonwealth of Pennsylvania, the decision of the court shall not affect or impair the right to impose the fee or the validity of the fee so imposed upon any other person or persons as herein provided.