Chapter 5.48
SLOT MACHINES*
Sections:
5.48.050 License – Revocation.
5.48.060 City Administrator – Duty.
* For statutory provisions on slot machines, see Penal Code § 330(a) et seq.
5.48.010 Defined.
For the purpose of this title a slot machine is defined as a machine or device designed or intended to be operated or used for amusement purposes and/or playing games, upon the insertion of a coin, or anything representing or in the shape of a coin, and which does not vend or deliver any prize. (Ord. 88-2 § 3 (Exh. C), 1988).
5.48.020 License – Required.
It is unlawful for any person, firm or corporation, either as principal, agent, servant, or employee, or any agent, servant or employee, to run, operate or conduct or maintain within the City any slot machine as defined in CMC 5.48.010, without having a valid, unrevoked license to do so, and except upon complying with the terms of this title. (Ord. 88-2 § 3 (Exh. C), 1988).
5.48.030 License – Fee.
A. Any person, firm or corporation desiring to operate, conduct, lease or maintain either as owner or proprietor, or lessee, or employee, or agent, or servant any slot machine embraced within the provisions of this title shall pay a license fee therefor as established by City Council resolution.
B. All such licenses shall be and become due and payable upon the final adoption of the ordinance codified in this title and shall be and become delinquent 10 days thereafter, and upon becoming so delinquent shall have forthwith added to such license as a penalty 50 percent of the amount of the fee, and thereafter the license fee shall be due and payable and one year from and after the date of the adoption of the ordinance codified in this title and shall become delinquent 10 days thereafter and a like penalty shall be added to the amount of such fee for such delinquency.
C. Applications for licenses required under this title shall be in writing, signed by the applicant, giving the business address, business or occupation, age, citizenship and other information concerning the applicant as may be required. Applications shall be filed with the Department of Community Planning and Building, with the license fee, and shall be referred by that department to the Chief of Police for investigation and examination. If the Chief of Police finds from an examination of the application and such report and such further facts as may be officially brought to the attention of the Police Department that the application is in proper form, the applicant is a person of good moral character, and that the business therein applied for may be carried on without danger to the public health, morals and safety s/he shall approve such application and thereupon the license shall be issued by the Department of Community Planning and Building; but the Chief of Police may in her/his sound discretion, and if in her/his judgment the applicant is not a person of good moral character, or the business cannot be carried on without danger to the public peace, health and safety, deny the application, subject, however, to an appeal to the City Council by the applicant and its final determination at a public hearing thereupon. (Ord. 88-2 § 3 (Exh. C), 1988).
5.48.040 Minors.
No person under the age of 16 years shall be permitted to play or operate any such slot machine. The City Administrator or her/his designated agent shall securely affix, or cause to be affixed, in a conspicuous place on each such machine operated by a licensee a sticker or label legibly setting forth the name and address of the licensee, the license number and the year for which issued, together with the words “City of Carmel-by-the-Sea,” which sticker or label shall bear the genuine signature or a facsimile thereof of the City Administrator or her/his designated agent. (Ord. 88-2 § 3 (Exh. C), 1988).
5.48.050 License – Revocation.
A. All licenses issued under or in pursuance of this title shall be subject to revocation by the City Council for the violation of any of the terms or provisions of this title or for any cause therefor which appear satisfactory to the City Council; provided, that before such action is taken a notice to appear before the City Council to show cause why such license should not be revoked and cancelled or suspended shall be served upon the licensee not less than two days before the time fixed for such hearing.
B. The action of the City Council as to any of the matters referred to in this section shall be conclusive and not subject to review, and all applications for licenses under this title shall be deemed to have agreed to the provisions of this section. (Ord. 88-2 § 3 (Exh. C), 1988).
5.48.060 City Administrator – Duty.
It shall be the duty of the City Administrator as well as the Chief of Police, and the agents of each of them, to enforce this title. Any slot machine as defined in this title, not labeled as specified in this title, or by the State law, as well as any machine which is being operated contrary to the provisions of this title may be seized and confiscated. (Ord. 88-2 § 3 (Exh. C), 1988).