[HISTORY: Adopted by the City Council of the City of New Kensington
8-9-1977 by Ord. No. 5-77 as Part 3, Art. 317 of the 1977 Code. Amendments
noted where applicable.]
[Amended 12-20-1994 by Ord.
No. 2-94]
No person, firm, partnership, corporation or the agent of any person,
firm, partnership or corporation shall at any time have in his or its possession
within the city any mechanical device, machine or apparatus whatsoever, including
jukeboxes, for the playing of games for profit, amusement or entertainment
or other gaming tables, whether operated by pins, pegs or balls, by electric
battery, central lighting system or by any other device or springs, where
any of such devices or machines are operated through insertion of a coin or
metal or plastic disk or otherwise, without first procuring a license.
Any person, partnership, firm or corporation or their agents using or
operating or causing to be used or operated any mechanical amusement device
upon any premises in which they may now or shall occupy, rent, own or be employed
in shall make application for license or licenses to the City Clerk on forms
provided by the city, which application shall set forth the name, residence,
present and previous occupation of the applicant and the place or places where
any devices enumerated herein are to be operated. The application, before
final approval, shall be referred to the Chief of Police, who shall investigate
and approve the same before the issuance of any license by the City Clerk,
and in the event that after issuing a license for any such machine the machine
is replaced or removed to other premises or there is a substitution of another
machine during the period of the license, the licensee shall be permitted
to transfer the license to the substituted machine or to another premises,
provided that he obtains permission and pays a fee of one dollar ($1.) for
the transfer or substitution.
[Amended 12-8-1981 by Ord.
No. 6-81; 12-20-1994 by Ord.
No. 2-94; 12-19-1995 by Ord.
No. 3-95]
License fees for any mechanical amusement device shall be the sum of
three hundred dollars ($300.) per annum pursuant to the Local Tax Enabling
Act, Act 511 of 1965.[1] The license fee for pool tables, shuffle boards, juke boxes, bowling
machines, pinball machines, electric dart boards and all other devices not
specifically listed shall be one hundred dollars ($100.) per annum.
[1]
Editor's Note: 53 P.S. § 6901 et seq.
The license year shall be from January to January of each year, and
in the event that any of the machines are installed within the first six (6)
months of the year, the full license fee shall be due and payable, and in
the event that any of the machines are installed after June 30 in any year,
then the fee for the balance of that year shall be one-half (1/2) of the license
fee. Upon payment of the license fee, the licensee shall receive a certificate
setting forth the number for each machine, which certificate shall be at all
times during the then-current year attached to the machine or device or displayed
in a conspicuous place on the premises.
Nothing in this chapter shall be construed in any way to permit licensing
of gambling devices or the use of any of the devices so licensed for gambling
purposes, and in the event that any of the devices are found to be used for
the purpose of gambling, the license shall be revoked, and the licensee shall
be subject to the penalty of any acts now in existence or which may be hereafter
passed.
[Amended 12-20-1994 by Ord.
No. 2-94]
The Ordinance Officer shall have the duty of regulating and supervising the operation of any mechanical amusement devices and of regularly inspecting the premises where any such machines or devices are installed, maintained, used or operated to determine whether or not the installation, maintenance, use and operation amounts to a public nuisance, and if any such machines or devices constitute a nuisance or are installed, maintained, used or operated in violation of the acts of the commonwealth and the ordinances of the city, then the license as to all machines and devices operated by the licensee shall be revoked, and there shall be no rebate of the license fee. The Code Enforcement Office shall also inspect premises for any Building Code or other Code violations pursuant to Chapter 94, Code Enforcement.
No person, firm, partnership, corporation or the agent or agents of
any person, firm, partnership or corporation shall, at any time, have in his
or its possession or operate any mechanical device, machine or apparatus whatsoever
for the playing of games for profit, amusement or entertainment or other gaming
tables, however operated, from and after January 1, 1948, unless a license
is procured for the same in compliance with this chapter.
Any person, firm or corporation who or which violates any provision
of this chapter shall be fined not less than fifty dollars ($50.) nor more
than six hundred dollars ($600.), and costs of prosecution, and, in default
of payment, shall be sentenced to a term of imprisonment not to exceed ninety
(90) days. Each day of violation shall constitute a separate offense.
