Chapter 5.36
VENDING MACHINES, JUKEBOXES AND MECHANICAL AMUSEMENT DEVICES
Sections:
5.36.040 License – Application.
5.36.050 License – Investigation.
5.36.060 License – Fees – Designated.
5.36.080 License – Fees – Proration for new business.
5.36.090 License – Fees – Where payable.
5.36.100 License – Fees – When Payable.
5.36.110 LicenSE – Fees – Delinquency date.
5.36.140 Age and hours restrictions.
5.36.150 License – Revocation.
5.36.170 Penalty for violation.
For statutory provisions on renting, leasing and operating coin-operated vending machines, see Bus. and Prof. Code §16002.5.
5.36.010 Definitions.
As used in this chapter, unless the context otherwise indicates:
A. “Cigarette vending machine” means any automatic vending machine used for the sale of cigarettes and matches, and controlled by the insertion of a coin or coins. It does not include machines or devices used solely for the vending of service, food or confections;
B. “Food vending machine” means any automatic food vending machine that requires the insertion of twenty-five cents or more;
C. “Jukebox” means any music vending machine contrivance or device which, upon the insertion of a coin, slug, token, plate, disc, or key into any slot, crevice, or other opening, or by the payment of any price, operates or may be operated, for the emission of songs, music or similar amusement;
D. “Mechanical amusement device” means any machine, which, upon the insertion of a coin, slug, token, plate, or disc, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score. It includes such devices as marble machines, pinball machines, skill ball, mechanical grab machines and all games, operations, or transactions similar thereto under whatever name they may be indicated;
E. “Person,” “firm,” “corporation,” or “association” as used in this chapter includes the following: any person, firm, corporation or association which owns any such machines; the person, firm, corporation or association in whose place of business any such machine is placed for use by the public: and the person, firm, corporation or association having control over such machine; provided, however, that the payment of such fee by any person, firm, corporation or association enumerated in this section are deemed a compliance with this section. (Ord. 702 §1, 1969).
5.36.020 Gambling prohibited.
Nothing in this chapter shall in any way be construed to authorize, license or permit any gambling devices whatsoever, or any mechanism that has been judicially determined to be a gambling device, or in any way contrary to law, or that may be contrary to any future law, or that may be contrary to any future laws of the state. (Ord. 702 §2, 1969).
5.36.030 License – Required.
Any person, firm, corporation or association displaying for public patronage or keeping for operation any cigarette vending machine, food vending machine, jukebox, or mechanical amusement device as defined by Section 5.36.010 shall be required to obtain a license from the city, upon payment of a license fee. Application for such license shall be made to the city tax collector upon a form to be supplied by the city tax collector for that purpose. (Ord. 702 §3, 1969).
5.36.040 License – Application.
A. The application for such license shall contain the following information:
1. Name and address of the applicant, age, date and place of birth;
2. Prior convictions of applicant, if any;
3. Place where machine or device is to be displayed or operated and the business conducted at that place;
4. Description of machine to be covered by the license, mechanical features, name of manufacturer, and serial number.
B. No license shall be issued to any applicant unless he is over eighteen years of age. (Ord. 997 §1(part), 1978: Ord. 702 §4, 1969).
5.36.050 License – Investigation.
Application for license shall be made out in duplicate, one copy being referred to the chief of police and the other copy to the city electrical inspector.
A. The chief of police shall investigate the location wherein it is proposed to operate such machine, ascertain if the applicant is a person of good moral character, and either approve or disapprove the application.
B. The electrical inspector shall inspect all wiring and connections to the machine, determine if the same complies with the electrical code of the city, and shall either approve or disapprove the application.
C. No license shall be issued to any applicant unless approved by the chief of police and the electrical inspector. (Ord. 702 §5, 1969).
5.36.060 License – Fees – Designated.
A. Every applicant, before being granted a license shall pay the following annual license fee for the privilege of operating or maintaining for operation cigarette vending machines, jukeboxes or mechanical amusement devices as defined in Section 5.36.010: An annual registration tax of fifteen dollars.
B. In addition to the registration tax, those firms shall pay an annual license tax of one dollar and fifteen cents for each one thousand dollars of gross receipts derived therefrom.
C. Persons who own and operate vending machines as an incident to a business licensed by other provisions of this chapter shall not be subject to additional licenses for such vending machines.
D. Each license shall be issued either annually or semiannually and shall expire at the end of said period. (Ord. 997 §1(part), 1978: Ord. 702 §6, 1969).
5.36.070 License – Term.
No license shall be issued under this chapter for a term in excess of one year. No license shall be issued for any period extending beyond the thirtieth of June. All semiannual licenses shall expire either on June thirtieth or December thirty-first. (Ord 702 §7, 1969).
5.36.080 License – Fees – Proration for new business.
A. Annual business licenses and annual business license taxes for new business commencing after the first day of July may be prorated for the balance of the license period according to the following schedule:
|
For New Business Commencing |
Percent of Taxes to be Paid |
|---|---|
|
During the semiannual period beginning July 1st |
100% |
|
During the semiannual period beginning January 1st |
50% |
B. There shall be no proration for a new business which elects to operate under a semiannual license. (Ord. 702 §8, 1969).
5.36.090 License – Fees – Where payable.
All license taxes imposed under this chapter shall be paid to the tax collector in lawful money of the United States at the office of the tax collector in the city hall. (Ord. 702 §9, 1969).
5.36.100 License – Fees – When Payable.
All license taxes imposed under this chapter shall be paid in advance, except where otherwise specifically provided, and shall be due and payable at the following times:
A. Annual Business License Taxes. On the first day of July each year;
B. Semiannual Business License Taxes. On the first day of July and the second day of January of each year;
C. When a business discontinues, dissolves or otherwise terminates before the expiration of a business license tax period, any taxes accrued and owing to the city under the provisions of this chapter, including any business license taxes that would not otherwise be payable until the close of the business license tax period during which termination occurs or until time of paying the tax for the next succeeding business license tax period, shall be due and payable on the date of termination. (Ord. 702 §10, 1969).
5.36.110 License – Fees – Delinquency date.
Unless otherwise specifically provided under other provisions of this chapter, all business license taxes required to be paid under this chapter shall be deemed delinquent if not paid on or before or within the time prescribed as follows:
A. Annual business license taxes, on or before the close of business on the last day of the month in which the tax became due;
B. Semiannual business license taxes, on or before the close of business on the last day of the month in which the tax became due;
C. business license taxes unpaid when a business has been discontinued, dissolved or otherwise terminated, within thirty days of the termination of the business. (Ord. 702 §11, 1969).
5.36.120 Delinquency penalty.
Any person who fails to pay any license taxes required to be paid by this chapter within the time required shall pay a penalty of fifty percent of the amount of the tax in addition to the amount of such tax, and he shall pay an additional ten percent of the amount of such tax for each month of continued delinquency after the first month. If said taxes are not paid sixty days after the due date, the chief of police may confiscate said machines and hold until all taxes and penalties are paid. (Ord. 702 §12, 1969).
5.36.130 License – Display.
A. The license or licenses provided for in this chapter shall be posted permanently and conspicuously at the location of the machine in the premises wherein the device is to be operated or maintained to be operated.
B. Such license may be transferred from one machine or device to another similar machine upon application to the city tax collector to such effect and the giving of a description and the serial number of the new machine or device. Not more than one machine shall be operated under one license and the applicant or licensee shall be required to secure a license for each and every machine displayed or operated bye him.
C. If the licensee moves his place of business to another location within the city, the license may be transferred to such new location upon application to the city tax collector, giving the street and number of the new location. The new location shall be approved by the chief of police and the city electrical inspector in the same manner as provided in Section 5.36.050. (Ord. 702 §13, 1969).
5.36.140 Age and hours restrictions.
A. No person, firm, corporation or association holding a license under this chapter shall permit persons under eighteen years of age to play or operate any cigarette vending machine or mechanical amusement device as defined in Section 5.36.010.
B. No person, firm, corporation or association holding a license under this chapter shall permit the playing of jukeboxes, as defined in Section 5.36.010, between the hours of two a.m. and six a.m. of any day. (Ord. 702 §14, 1969).
5.36.150 License – Revocation.
Every license issued under this chapter is subject to the right, which is expressly reserved, to revoke the same should the licensee, directly or indirectly, permit the operation of any cigarette vending machine, jukebox or mechanical amusement device contrary to the provisions of this chapter, the ordinances of the city, or the laws of the state, said license may be revoked by the city council after written notice to the licensee, which notice shall specify the ordinance or law violations with which the licensee is charged if, after a hearing, the licensee is found to be guilty of such violations. Ten days notice of the hearing shall be given the licensee. At such hearing the licensee and his attorney may present and submit evidence of witnesses in his defense. (Ord. 702 §15,1969).
5.36.160 Machine impoundment.
If the chief of police has reason to believe any mechanical amusement device is used as a gambling device, such machine may be seized by the police and impounded and if, upon trial of the exhibitor for allowing it to be used as a gambling device, said exhibitor is found guilty, such machine shall be destroyed by the police. (Ord. 702 §16, 1969).
5.36.170 Penalty for violation.
Any person, firm or corporation violating any of the provisions of this chapter, in addition to the revocation of his or its license, shall be liable to a fine or penalty of up to five hundred dollars for each offense, or imprisonment in the county jail up to thirty days or both. (Ord. 702 §17, 1969).