Chapter 5.2 AMUSEMENT MACHINES

(a) “Amusement machine” shall mean and include any sport or pastime played or operated with cards, dice, balls, pins, checkers, counters, quoits, beans, spindles, tables, wheels, or any other device, contrivance, or apparatus, or any combination thereof, which machine is operated by inserting therein a coin or by payment of a valuable consideration; provided, however, “amusement machine” shall not include marble games.

(b) “Phonograph machine” shall mean and include any machine or device playing phonograph records reproducing a voice, music, or sound, which machine or device is operated by inserting therein a coin or by payment of a valuable consideration.

(c) “Amusement machine operator” shall mean any person in the business of renting out or placing amusement machines in various locations in the City.

(d) “Phonograph machine operator” shall mean any person in the business of renting out or placing phonograph machines in various locations in the City.

(e) “Year” shall mean the period of time commencing on July 1st of any year and ending on June 30th of the following year. (§§ 1 and 2, Ord. 189)

5.2.102 License required.

It shall be unlawful for any person to conduct, operate, or carry on the business of any amusement machine or to maintain any amusement device or phonograph machine without first having obtained from the City Clerk a license therefor and having paid the fees provided for in this article. (§ 3, Ord. 189)

5.2.103 Amusement machines: License application: Fee.

Every person desiring to conduct, operate, or carry on the business of amusement machine operator within the City shall make a written application to the City Clerk for a license so to do on forms to be provided by the City Clerk and shall pay an operator’s license fee in the sum of Twenty-Five and no/100ths ($25.00) Dollars per year, payable in advance. (§ 4, Ord. 189, as amended by § 1, Ord. 378, eff. July 21, 1965)

5.2.104 Phonograph machines: License application: Fee.

Every person desiring to conduct, operate, or carry on the business of phonograph machine operator within the City shall make a written application to the City Clerk for a license so to do on forms to be provided by the City Clerk and shall pay an operator’s license fee in the sum of Twenty-Five and no/100ths ($25.00) Dollars per year payable in advance. (§ 5, Ord. 189, as amended by § 2, Ord. 378, eff. July 21, 1965)

5.2.105 Annual license fees.

Every person operating or maintaining any amusement machine or phonograph machine in any location within the City shall pay a license fee for each amusement machine operated or maintained in the sum of Ten and no/100ths ($10.00) Dollars per quarter, or any fraction thereof, and the sum of Ten and no/100ths ($10.00) Dollars per quarter, or any fraction thereof, for each phonograph machine so operated or maintained, which license fee shall be paid in advance and shall be in addition to the fees provided in Sections 5.2.103 and 5.2.104 of this article. (§ 6, Ord. 189, as amended by § 3, Ord. 378, eff. July 21, 1965)

5.2.106 Issuance of license: Investigation: Stickers.

The City Clerk shall issue a separate license for each amusement machine and phonograph machine and shall affix to each machine for which a license fee is paid a sticker setting forth the name and address of the licensee, the license number, and the year and quarter for which it is issued; provided, however, no license shall be issued by the City Clerk for any amusement machine until he has made an investigation concerning the legality of such amusement machine, and no license shall be issued unless the City Clerk finds that such machine is legal pursuant to the laws of the State. (§ 6, Ord. 189)

5.2.107 Location of machines: List required.

Each licensee shall furnish to the Chief of Police a written statement of the location in the City of each amusement or phonograph machine operated by such licensee. (§ 6, Ord. 189)

5.2.108 Location of machines: School yards and playgrounds.

No amusement machine shall be operated within 500 feet of the exterior boundaries of any public playground or within 500 feet of the exterior boundaries of any public or private school grounds in the City. (§ 7, Ord. 189, as amended by § 4, Ord. 378, eff. July 21, 1965)

5.2.109 Unlicensed machines: Seizure: Redemption.

Any amusement machine or phonograph machine which is operated in the City without a license shall be seized and held by any authorized officer of the City and may be redeemed only by the owner paying the reasonable value of the storage and safekeeping of such machine, together with a license fee for the period during which such machine was operated without a license. Such redemption shall be made within sixty (60) days after the seizure of the machine. (§ 8, Ord. 189)

5.2.110 Unlicensed machines: Seizure: Sale.

In the event any amusement machine or phonograph machine seized for nonpayment of the license fee shall not be redeemed as provided in Section 5.2.109 of this article, such machine shall be sold or destroyed by the City Clerk, and, if sold, the money received from the sale thereof shall be deposited in the City treasury. (§ 9, Ord. 189)

5.2.111 License fees in addition to business license fees.

The license fees provided for by this article shall be paid whether amusement machines or phonograph machines are operated in connection with any other business or not. (§ 10, Ord. 189)

Article 2. Marble Games

5.2.201 Definition.

For the purposes of this article, “marble game” shall mean and include any game or device in which marbles, balls, pellets, or other moving objects are propelled, released, or rolled with the aid of a mechanical plunger or other affixed mechanical device in such a manner as to result in a score, tally, points, or other indications of relative success in the operation and playing of such marble games, whether the same may be indicated by, or computed by, means of numbers, letters, lights, colors, or in any manner whatsoever. (§ 1, Ord. 220)

5.2.202 License required.

It shall be unlawful for any person to operate any marble game machine without having first obtained from the City Clerk a license therefor and having paid the fees provided for in this article. (§ 2, Ord. 220)

5.2.203 Eligible locations.

It shall be unlawful for any person to operate a marble game machine in the City except in those places where a general on-sale liquor license or an on-sale beer and wine license of the public premises classification has been issued by the Board of Equalization of the State. (§ 3, Ord. 220, as amended by § 1, Ord. 245)

5.2.204 License application: Fee.

Any person having any liquor license issued by the Board of Equalization of the State of the type specified in Section 5.2.203 of this article may apply for a license to operate a marble game machine by filing with the City Clerk a written application for a license so to do on forms to be provided by the City Clerk and by paying a license fee in the sum of One Hundred and no/100ths ($100.00) Dollars per quarter, or any fraction thereof, payable in advance, for each marble game machine to be operated or maintained by such applicant. (§ 4, Ord. 220, as amended by § 2, Ord. 245)

5.2.205 License application: Investigation.

The City Clerk, upon receipt of such application and payment of the license fee, shall submit the application to the Chief of Police for his investigation and report. The Chief of Police shall inspect the marble game machine proposed to be operated or maintained by the applicant, as well as the location in which the marble game machine is to be operated, and shall determine whether the marble game machine is one as defined by this article and whether the marble game machine is legal pursuant to the laws of the State. (§ 4, Ord. 220)

5.2.206 License application: Approval: Issuance.

The Chief of Police shall either approve or disapprove the application of the applicant, and, if the application is approved, the City Clerk shall issue a separate license for each marble game machine so approved by the Chief of Police and shall affix to each marble game machine for which a license fee is paid a sticker setting forth the name and address of the licensee, the license number, and the year and quarter for which it is issued. (§ 4, Ord. 220)

5.2.207 License application: Denial: Council hearing.

If the application is not approved by the Chief of Police, he shall refer the application to the Council for a final determination thereon, and the applicant shall be notified thereof and given an opportunity to appear before the Council in support of his application. (§ 4, Ord. 220)

5.2.208 License fee in addition to business license fees.

The license fee provided for by this article shall be paid whether the marble game machine is operated or maintained in connection with any other business or not. (§ 4, Ord. 220)

5.2.209 Unlawful operations.

(a) Operation by minors. It shall be unlawful for any person who has charge or supervision of any marble game machine to permit any minor under the age of twenty-one (21) years to engage in the playing of any such marble game machine.

(b) Locations near playgrounds and schools. It shall be unlawful for any person to operate any marble game machine within 500 feet of the exterior boundaries of any public playground or within 500 feet of the exterior boundaries of any public or private school grounds in the City. (§ 5, Ord. 220, as amended by § 5, Ord. 378, eff. July 21, 1965)

5.2.210 Unlawful machines.

(a) The following machines are hereby declared to be unlawful:

(1) One ball pin games;

(2) Horse race machines;

(3) Claws;

(4) Scoops;

(5) Grab machines;

(6) Machines having flashing or advancing odds;

(7) Marble game machines having less than five (5) balls and where all of such balls do not count in the total score; and

(8) Any other marble game machine or amusement device specifically determined to be unlawful pursuant to the laws of the State.

(b) It shall be unlawful for any person to operate any machines or games which are declared to be unlawful pursuant to the provisions of this article. (§ 6, Ord. 220)

5.2.211 Inspection of premises and machines.

The Chief of Police shall from time to time inspect the premises for which licenses have been issued pursuant to the provisions of this article and shall inspect the marble game machines located therein for the purpose of determining whether or not the licensees are conforming with the provisions of this article. (§ 7, Ord. 220)

5.2.212 Violations of provisions.

(a) Impounding of machines. If, upon inspection of the premises for which licenses have been issued, the Chief of Police finds that the licensee is operating or maintaining marble game machines in violation of the provisions of this article, the Chief of Police shall forthwith cause all marble game machines licensed to such licensee to be impounded, and, upon such impounding, all licenses issued to such licensee shall be deemed revoked until a hearing has been had and a final determination made thereon by the court. In addition thereto, the Chief of Police shall forthwith file a complaint against such licensee for the violation of the provisions of this article.

(b) Penalties. If the licensee is convicted for the violation of the provisions of this article, the licensee, in addition to paying the penalty imposed by the court for such violation and the cost of impounding such machines, shall not be eligible to apply for a license to operate or maintain a marble game machine in the City for a period of one year from and after the conviction of such violation.

(c) Nonviolations. If the court determines that the licensee was not operating or maintaining marble game machines in violation of the provisions of this article, the Chief of Police shall cause the marble game machines so impounded by him to be returned to the licensee, and the license therefor shall be automatically reinstated to the licensee.

(d) Disposition of impounded machines. Upon conviction of the licensee by the court for violation of the provisions of this article, the Chief of Police shall make disposition of the marble game machines so impounded by him in accordance with the order of the court. (§ 8, Ord. 220)