Ordinance # 094-3
and Vending License
Amusement and Vending License Fee Ordinance
Section 8520 Purpose
Providing for the registration of amusement and vending devices and collection of a license fee, for general Borough purpose, under the Authority of the laws of the Commonwealth of Pennsylvania, upon the privilege of using for profit, within the Borough of Bolivar, certain machines or devices for amusement, entertainment and / or the rendition of music which are operated by the insertion of a coin, slug, token, plate, disc or key; providing for the collection of such license fee and prescribing penalties. the Borough of Bolivar hereby ordains, under the Pennsylvania Statutory Authority, "The Local Fee Enabling Act", Title 53 Sections 6902 and 6905.
Section 8521 Definitions
Unless otherwise herein expressly stated, the following terms shall have for the purpose of this Ordinance, the meanings hereby respectively indicated:
A. Device Any juke box or mechanical amusement device for the use of which for profit, a fee is levied under this Ordinance.
B. Juke Box Any music vending machine contrivance or device which, upon the insertion of a coin, slug, token, plate, disc, or key into any slot, crevice, or other opening, operates or may be operated for the emission of song, music, or similar amusement.
C. Mechanical Amusement Device. Any device other than a "juke box" which, upon the insertion of a coin, slug, token, plate, or disc, may be operated for use s a game (including video games, poker machines or electrical games), entertainment or amusement, whether or not registering a score and whether or not a prize is offered.
D. Person Any natural person, association, co-partnership, firm or corporation.
E. Singular vs. Plural in this Ordinance, the singular shall include the plural and the masculine shall include the feminine and the neuter.
Section 8522 Enactment
There is hereby imposed a fee, for general Borough purposes to generate needed revenues, upon the privilege of using for profit, within the Borough of Bolivar, any device, as herein defined. Such fee shall be payable by the person owning and / or operating the establishment in which such devise is installed for use. Such fee shall be payable at the following rate: On each device, ten ($10.00) dollars per device per year.
Section 8523 Payment Dates
A. The fee imposed under this Ordinance shall be payable to the Borough Secretary, on or before the fifteenth day of April each year. No deduction or refund of any fee payable under this Ordinance shall be granted in the case of any fee payable for less than a full calendar year, or in the case of any device being destroyed, stolen, sold, or otherwise disposed of or transferred after the payment of such fee.
B. In the event that any establishment subject to this Ordinance substitutes a new or different device for one on which a license fee has already been paid, said establishment must pay a new licensing fee for the substituted device. Payment of the licensing fee for any substituted device is required regardless of the date on which the substitution takes place.
Section 8524 Administration
A. The Borough Secretary may procure, at the expense of the Borough, a sufficient number of certificates, upon each of which the following information shall be printed or inserted in ink or by typewriter:
1. The name of the Borough
2. The number of the certificate
3. The name and address of the person paying the fee.
4. The year for which the licensing fee shall have been paid.
5. The date on which such licensing fee shall have been paid.
6. The type of device for which the fee shall have been paid.
7. The amount of fee paid.
8. The serial number and manufacturer of the machine/equipment.
B. Whenever any fee shall have been paid under this Ordinance, the Borough Secretary shall prepare in duplicate a permit. The original of such certificate, to which the Borough Seal shall be affixed, shall be given to the person paying such fee, and the duplicate shall be kept on file by the Borough Secretary. The Borough Secretary may also procure and give to each person paying such fee a seal to be affixed to each device for the use of which such fee shall have been paid. Such seal shall indicate the year for which such fee shall have been paid, the type of device and the certificate number.
C. In case of the loss, defacement or destruction of any original certificate or seal, the person to whom such certificate or seal was issued shall apply to the Borough Secretary who may issue a new certificate or seal in replacement thereof, upon payment of a fee of five ($5.00) dollars and who shall amend the duplicate of the certificate first issued in case that a new certificate has been issued.
D. In case of the removal of any establishment in which any device for use of which a fee shall have been paid under this Ordinance, to another location in the Borough, or in case of a change in the identity of the person operating or owning any such establishment, the person operating such establishment shall report such fact within five (5) days of such change in location or personnel, and the Secretary shall immediately amend the duplicate certificate.
E. Before the removal of any device from any establishment, the person operating such establishment shall remove the seal issued under this Ordinance from such device. Such seal may not be affixed to any other device of the same class used in such establishment during the current year.
Section 8525 Penalty
If any fee levied pursuant to this Ordinance shall not be paid when due, a penalty of fifty ($50.00) dollars shall be added thereto plus costs of prosecution.
Section 8526 Confidentiality
Section 8527 Enforcement - Expenses
A. All fees imposed by this Ordinance, together with all penalties, interest, attorneys fees and related prosecution costs, shall be recoverable by the Borough Solicitor as debts recoverable by law.
B. Any person who shall be convicted before any District Magistrate of the Borough for violating or failing to carry out any of the provisions or requirements of this Ordinance, or of failing to pay the fee imposed under this Ordinance shall be liable to a fine or penalty not exceeding three hundred ($300.00) dollars for each and every offense, and the costs of prosecution thereof (in addition to penalties as per Section 8525; and in default of payment of any such fine and costs, then imprisonment in the county jail for not more than thirty(30) days, and / or confiscation of the machines or devices.) Provided that such fine or penalty shall be in addition to any other penalty imposed by any other section of this Ordinance.
Section 8528 Proceeds Applicable
All fees, interest and penalties collected or recovered by the Borough Secretary or any other Borough officer or person for or on behalf of the Borough, shall be paid into the Borough treasury as general revenue to be used for general revenue purposes.
Section 8529 Effective date
This Ordinance shall go into effect on the eleventh (11th) day of July, 1994 and shall be effective each year without re-enactment unless the fee rate changes.
Whereupon during a duly advertised meeting wherein a quorum was present, this Ordinance passed on this 11th day of July 1994.
J. Diane Robinson
Mayor Arthur Sisitki
Original Ordinance on file in Vault