Chapter 5.28
MECHANICAL PLAY DEVICES
Sections:
5.28.020 License—Required when.
5.28.030 Operator or distributor—License required.
5.28.040 License—Application—Issuance conditions.
5.28.060 License—Device registration requirements.
5.28.070 Machines to show owner identification.
5.28.080 Chapter provisions not exclusive.
5.28.090 Effective date for fee increase.
5.28.010 Definitions.
As used in this chapter.
A. 1. “Mechanical play device” means and includes:
a. Any machine, device or apparatus, the operation or use of which is permitted, controlled, allowed or made possible by the deposit or placing of any coin, plate, disc, slug or key into any slot, crevice or other opening, or by the payment of any fee or fees for the use as a game or contest of any description, or which may be used for any such game or contest, which contains no payoff device for the return of slugs, money, coins, checks, tokens or merchandise; and
b. Any coin-operated phonograph or music box, machine device or apparatus, the operation of which or use of which is permitted, controlled, allowed or made possible by the deposit or placing of any coin, plate, disc, slug or key into any slot, crevice or other opening, or by the payment of any fee or fees for the purpose of producing music.
2. “Mechanical play device” does not include coin-operated machines that provide sales of goods or services, including pay telephones, coin-operated laundry machines, coin-operated copiers, and similar devices not designed for recreational purposes.
B. “Operators or distributors” means and includes any person, firm, corporation or association engaged in the business of selling, leasing, delivering to or otherwise supplying mechanical play devices to any place of business located in the city. (Ord. 361-80 § 1, 1980; Ord. 222 §§ 3, 4, 1965)
5.28.020 License—Required when.
It is unlawful for any person, firm, corporation or association to have, maintain or permit to be operated in any place in the city open to the public any mechanical play device, as the same is defined in this chapter, unless a license therefor shall have first been obtained from the city as in this chapter provided. (Ord. 222 § l, 1965)
5.28.030 Operator or. distributor—License required.
It is unlawful for any operator or distributor, as those terms are defined in this chapter, to operate or distribute any mechanical play devices unless a license therefor shall have first been obtained from the city as provided in this chapter. (Ord. 222 § 2, 1965)
5.28.040 License—Application—Issuance conditions.
A. Application for such license or licenses shall be made to the chief of police upon a form furnished by the city, and shall. contain the following information and statement, the truth of which shall be sworn to by the applicant:
1. Name of applicant;
2. Residence of applicant;
3. Date and place of birth;
4. The place where the mechanical play device is to be located;
5. Is applicant a citizen of the United States?;
6. Has applicant ever been convicted of a crime or misdemeanor?;
7. A statement that the mechanical play device for which a license is sought is not intended to be used for any gambling purpose whatsoever,
8. What is the nature of the applicant’s interest in or title to the mechanical device for which the license is sought?;
9. Serial number of device.
B. All applications shall be acted upon by the chief of police in the order in which they are filed, and shall be granted or denied by him within a period of fifteen days from the date of filing.
C. Application may be denied for cause. In event of denial, the applicant shall, within ten days from the date of such denial, have the right of appeal to and hearing before the city council. Upon such applicant’s written request to the chief of police, the chief of police shall forthwith make and file with the city clerk a report of the reasons why the application for license was denied. The council may, upon such appeal, grant or deny the application, and its action shall be final and conclusive. (Ord. 361-80 § 4, 1980; Ord. 222 § 6, 1965)
5.28.050 License—Fees.
The following license fees are fixed and established: either the distributor or the operator of one or more mechanical play devices shall obtain a license under Section 5.28.040 of this chapter, and shall pay for such license a fee of one hundred dollars per year for each separate machine, not to exceed a maximum of five hundred dollars per year for five or more machines, and machines so licensed need not be placed at a single location. The fee is payable semiannually in advance, and licenses shall expire on the thirtieth day of June of each year. No license fee shall be prorated for a period of less than six months, except as provided in Section 5.2 8.090. The license fee required by this section is for the purposes of regulation, and not for revenue purposes. (Ord. 361-80 § 3, 1980; Ord. 222 § 5, 1965)
5.28.060 License—Device registration requirements.
A. Any license issued pursuant to the provisions of this chapter shall be issued for a particular device, each of which, before being licensed, shall be registered in the office of the chief of police. Such registration shall show the name of the owner, and the place at which it is to be located. Such license shall be affixed in a conspicuous place to the device for which the same was issued, and shall remain thereon until a new or different license is issued therefor. B. No license shall be transferable to any person, firm, corporation or association, or from one device to another. (Ord. 222 § 7, 1965)
5.28.070 Machines to show owner identification.
All mechanical play devices delivered to any location in the city for use shall contain a prominently affixed serial number and an identification tag identifying the owner of the machine. No license may be granted for the operation of any machine not so identified, and the removal of either the serial number or identification by or under the direction of or with the consent of the owner or operator of any machine shall automatically void any license previously granted for that machine. (Ord. 361-80 § 2, 1980; Ord. 222 § 4.1, 1965)
5.28.080 Chapter provisions not exclusive.
Nothing contained in this chapter shall be construed to permit the licensing, maintenance or operation of any mechanical device or apparatus which is contrary to any of the laws of the state of California, or the ordinances of the city; nor to permit the operation of any mechanical play device licensed hereunder in such a manner as to be contrary to any of such laws or ordinances. (Ord. 222 § 8, 1965)
5.28.090 Effective date for fee increase.
For uniformity in the collection of license fees under this chapter, the increased fee provided by the amendment of this section adopted in February, 1980 and effective in March, 1980, shall be charged from the effective date of the ordinance codified herein to June, 1980, on a pro rata basis. (Ord. 361-80 § 5, 1980: Ord. 222 § 9, 1965)