Chapter 5.32
MECHANICAL AMUSEMENT DEVICES
Sections:
5.32.010 Applicability of fees.
5.32.030 Installation of electrical devices.
5.32.040 Awards and payoffs unlawful—Operation with element of chance prohibited.
5.32.050 Permit to install, operate or maintain required.
5.32.060 Application—Contents.
5.32.070 Investigation—Approval—Disapproval.
5.32.100 Removal or transfer of license prohibited.
5.32.110 Fees not to be prorated or refunded.
5.32.120 License covers owner or operator.
5.32.140 Impoundment of devices for failure to possess license—Penalty.
5.32.150 Suspension or revocation of permit.
5.32.160 City’s right of access and inspection.
5.32.170 Machines deemed nuisance—Seizure.
5.32.180 Exemptions of certain machines.
5.32.010 Applicability of fees.
Every person conducting any mechanical amusement device shall pay the license fees hereinafter set forth in this chapter which fees shall be in addition to any other tax or license fees that may be imposed by any provision of this chapter or any other authorized law. (Prior code § 15.32).
5.32.020 Seals on machines.
Every mechanical amusement device shall have a seal or tag permanently attached thereto showing the serial number of the mechanical amusement device; and, in addition thereto, if wired for electricity, a label indicating the name and address of the manufacturer and the voltage and current necessary for the proper operation of the mechanical amusement device. (Prior code § 15.33).
5.32.030 Installation of electrical devices.
Each portable mechanical amusement device wired for electricity shall be installed to the satisfaction of the building inspector and chief of police of the city. (Prior code § 15.34).
5.32.040 Awards and payoffs unlawful—Operation with element of chance prohibited.
No award, payoff or delivery of anything of value, or representing, exchangeable or redeemable for anything of value, shall be made in any contest, tournament, league or individual play on any mechanical amusement device; and it shall be unlawful for any owner or operator of a mechanical amusement device to cause, permit or allow same.
The provisions of this chapter shall in no way license or permit the operation of a machine or game which is unlawful under the state law or local ordinances nor license nor permit the operation of a lawful machine or game in an unlawful manner, nor permit the operation of any machine or game in which the element of chance predominates. (Prior code § 15.35).
5.32.050 Permit to install, operate or maintain required.
It is unlawful for any person to install, operate or maintain to be operated any mechanical amusement device in the city without first having obtained a permit in writing to do so from the city license collector. (Prior code § 15.36)
5.32.060 Application—Contents.
Application for a mechanical amusement device permit shall be made to the city license collector on forms provided by the city license collector, shall be signed by the applicant and shall contain the following information in addition to whatever additional information is deemed necessary by the city license collector:
(1) Name of the applicant;
(2) Place where the mechanical amusement device is to be placed, maintained to be operated or operated; and, if the mechanical amusement device or devices are to be placed, maintained to be operated or operated in connection with any other business or calling, the character of the business or calling;
(3) A complete description of the type of the mechanical amusement device and the manner in which it is to be placed, maintained to be operated or operated;
(4) The total number of mechanical amusement devices to be placed, maintained to be operated or operated at the location for which the permit is requested. (Prior code § 15.37).
5.32.070 Investigation—Approval—Disapproval.
The application for the permit required by this chapter shall be acted upon by the city license collector within five days after the filing of such application.
Upon receipt of the application the license collector shall cause the statements set forth in the application to be investigated by and through the interested and appropriate departments of the city, including the fire marshal, police department and building inspector.
The provisions of Chapter 5.40 shall apply to and govern the approval or disapproval of the application in this chapter, and also any appeal of the applicant under this chapter. (Prior code § 15.38).
5.32.080 License fee.
Every holder of a mechanical amusement device permit shall pay a tax based on the gross receipts of such business activity in accordance with the provisions of Chapter 5.12. (Ord. 590 § 9, 1975).
5.32.090 Contents of license.
The license collector shall issue a license for such mechanical amusement device for which the fee was paid, showing thereon the:
(1) Name of permittee;
(2) Address at which amusement device is to maintained to be operated;
(3) The number of such mechanical amusement devices and the type or kind of game, contest or amusement played thereon; and
(4) Serial number of the permit and the expiration date of the license. (Prior code § 15.40).
5.32.100 Removal or transfer of license prohibited.
Nothing in this chapter shall permit the removing or transferring of the license to any other premises other than those for which the license was originally issued. (Prior code § 15.41).
5.32.110 Fees not to be prorated or refunded.
License fees paid under the provisions of this chapter shall not be prorated or refunded. (Prior code § 15.42).
5.32.120 License covers owner or operator.
When any owner and operator of a mechanical amusement device obtains a permit and pays a license fee for the maintenance or operation of such device, the permit and license fee shall cover each of such persons. (Prior code § 15.43).
5.32.130 Renewals.
Application for renewal of license shall be made to the license collector and shall be made within ten days prior to the expiration of the current license. If the application for renewal of license is not made within the time specified, the permit authorized by this chapter shall be automatically null and void. (Prior code § 15.44).
5.32.140 Impoundment of devices for failure to possess license—Penalty.
If any mechanical amusement device is placed, operated or maintained to be operated without a current license, the chief of police shall immediately cause same to be impounded and shall not release the mechanical amusement device until a new permit has been obtained as provided for in this chapter for obtaining an original permit, and a penalty of twice the amount of the delinquent annual license fee plus the annual license fee for the current period has been paid to the license collector. Mechanical amusement devices impounded under the provisions of this section shall be held for a period of ninety days and if not redeemed within such period shall be destroyed or otherwise disposed of by the chief of police. (Prior code § 15.45).
5.32.150 Suspension or revocation of permit.
When the license collector shall determine that the permittee or any of the permittee’s servants, agents or employees, in the use, operation or maintenance of any such mechanical amusement device is violating or attempting to violate any law of the state, or any ordinance of the city, or the rules and regulations of any department thereof concerned; or, if in the opinion of the license collector it is deemed necessary for the protection of the public, the license collector, after written notice to the permittee, shall have the power to suspend, and after due and proper hearing, shall have the power to revoke any permit issued under the provisions of this chapter. (Prior code § 15.46).
5.32.160 City’s right of access and inspection.
It shall be the duty of the chief of police to ascertain that all laws of the state, the provisions of this subdivision, all ordinances of the city and the rules and regulations of any departments thereof concerned, pertaining to mechanical amusement devices are strictly complied with, and for that purpose the representatives of the police department, and, if the mechanical amusement device is wired for electricity, the representatives of the building inspector, shall have access to any mechanical amusement device at any and all times, and the same shall be inspected by each of the departments as often as may be deemed necessary. (Prior code § 15.47).
5.32.170 Machines deemed nuisance—Seizure.
Any mechanical amusement device operated or maintained to be operated in violation of any law of the state or of this subdivision or any ordinances of the city or the rules and regulations of any state or municipal departments thereof concerned shall be deemed to be a public nuisance, and any such mechanical amusement device so operated or maintained to be operated shall be impounded by the chief of police; and, if any court of competent jurisdiction shall determine that the mechanical amusement device, or the use or operation thereof, violates or has violated any of such laws, ordinances, rules or regulations, the mechanical amusement device is one which may be legally operated under the provisions of this subdivision and is seized for the failure of the owner or operator thereof to obtain the necessary permit or to pay the necessary license fee for the maintenance or operation of the mechanical amusement device, the mechanical amusement device shall be dealt with as provided in Section 5.32.140. (Prior code § 15.48).
5.32.180 Exemptions of certain machines.
The provisions of this chapter shall not apply to any machine or mechanical amusement device which, in return for the coin deposited in the mechanical amusement device, will deliver the equivalent value of the coin in merchandise; provided, that no prize, reward, bonus or other thing of value is delivered with the merchandise. (Prior code § 15.49).