Chapter 5.80
AUTOMATIC AMUSEMENT GAMES
Sections:
5.80.020 Permit required – Generally.
5.80.030 Permit – Application – Information required – Denial and appeal.
5.80.040 License required of each separate machine – Generally.
5.80.050 License – Information required –Manner of attaching to machines, etc.
5.80.060 License – Cancellation and reissuance for substitute machines, etc. – Transferability.
5.80.080 Powers of City Council – Rules and regulations, etc.
5.80.090 Transferability of permits and licenses issued under chapter generally.
5.80.100 Applicability of State law.
5.80.010 Defined.
The phrase "automatic amusement game" as used in this chapter shall include any mechanical or electronic apparatus available for play upon payment of a cash or other valuable consideration with which a game of skill may be played. Such phrase shall also include any apparatus by means of which any article may be sold, vended, transferred or delivered to the player of such apparatus by the playing of any game of skill with such apparatus. Such phrase shall also include any apparatus consisting of a boxed field with which a game of skill may be played by the use of marbles or balls which may be projected into the field by a plunger or otherwise, in the playing of which the score of the player depends upon which of certain designated places in the field the ball or marble comes to rest and which is available for play upon payment of a cash or other valuable consideration. (Ord. 479 § 1. Formerly § 22-32).
5.80.020 Permit required – Generally.
It shall be unlawful for any person to keep or maintain, or to permit to be kept or maintained in any building or place controlled by him any automatic amusement game for the purpose of permitting the same to be played or operated, without first obtaining a permit from the City Council to do so. (Ord. 479 § 2. Formerly § 22-33).
5.80.030 Permit – Application – Information required – Denial and appeal.
Written application for permits required by SCCC 5.80.020 shall be filed with the license collector upon forms provided by him and shall contain, among other things, the name and address of the applicant, his/her business status, the location and ownership of the premises on which the permit and machine will be used and such other information as the City Manager may require. The applicant shall be referred to the Police Department and other appropriate departments of the City for investigation into criminal background, the suitability of the premises and as to whether or not the granting of such application will be injurious to the health, safety, welfare or morals of the people of the City. If the City Manager shall determine that the applicant is an unfit person or that the granting of such application will be so injurious or that the use of such premises is not suitable for such permit, the City Manager shall deny the issuance of such permit. In the event of any such denial, the applicant may appeal the decision pursuant to the provisions of Chapter 2.115 SCCC, General Characteristics of License or Permit – Suspension Procedure. (Ord. 479 § 3; Ord. 748 § 1. Formerly § 22-34).
5.80.040 License required of each separate machine – Generally.
It shall be unlawful for any person to keep or maintain, or to permit to be kept or maintained, in any building or place in the City owned, managed, supervised or controlled by such person, any automatic amusement game for the purpose of permitting the same to be played or operated, without first obtaining a license from the City to do so, covering each separate machine. No such license shall be issued unless and until the applicant therefor has a valid permit in effect, secured under the provisions of this chapter and covering the specific location in question. (Ord. 479 § 4; Ord. 514 § 1. Formerly § 22-35).
5.80.050 License – Information required –Manner of attaching to machines, etc.
Each license issued pursuant to SCCC 5.80.040 shall contain a sufficient description of the machine to identify it and shall bear the number of the permit upon which it is based, together with the serial number, if any, of the machine for which it is issued and each such license shall be securely and firmly attached to the machine for which it is issued by sticker or other appropriate means. (Ord. 479 § 4; Ord. 514 § 1. Formerly § 22-36).
5.80.060 License – Cancellation and reissuance for substitute machines, etc. – Transferability.
The holder of a valid permit issued under this chapter may, upon obtaining permission from the Chief of Police to do so, exchange or substitute a machine for another machine and the Chief of Police shall thereupon cancel the license issued for the substitute machine, which such reissued license shall be valid for the remainder of the period or term for which the original license was issued. No license issued under this chapter for any particular machine shall be transferable or transferred to any other machine except as provided in this section and no person shall attach any such license to any other machine than the one for which it was issued. (Ord. 479 § 4; Ord. 514 § 1. Formerly § 22-37).
5.80.070 License – Fee.
The annual fee for each such license for each machine issued under the terms of this chapter shall be sixty dollars ($60.00), payable annually in advance as other licenses of the City are paid. (Ord. 479 § 4; Ord. 514 § 1; Ord. 1639 § 4, 7-21-92. Formerly § 22-38).
5.80.080 Powers of City Council – Rules and regulations, etc.
The City Council shall have the power to make rules and regulations for the granting of permits and licenses required in this chapter, for the substitution of a license from one machine to another and for the maintenance, keeping and operation of any apparatus contemplated within the terms of this chapter. The City Council shall have the power to amend or alter any such rule or regulation and to revoke the permit or license of any person who shall refuse or neglect to comply with any term, provision or section of this chapter or of any such rule or regulation or any license ordinance of the City or law of the State. (Ord. 479 § 4; Ord. 514 § 1. Formerly § 22-39).
5.80.090 Transferability of permits and licenses issued under chapter generally.
Permits and licenses issued under the provisions of this chapter shall not be transferable and any attempted transfer shall render the permit and license in question invalid. (Ord. 479 § 5. Formerly § 22-40).
5.80.100 Applicability of State law.
Nothing in this chapter shall be construed to permit the operation, keeping, maintaining or use of any gambling device or any apparatus or device, the use, possession, operation or control of which is prohibited by the laws of the State. (Ord. 479 § 7. Formerly § 22-41).