Chapter 5-92
PINBALL AND OTHER AMUSEMENT GAMES

Sections:

5-92-010    License required.

5-92-020    Definitions.

5-92-030    Application.

5-92-040    Regulations.

5-92-050    Fees—Term of license.

5-92-060    Responsibility for license.

5-92-070    Inspections.

5-92-080    Revocation.

5-92-090    Duty of law enforcement officers.

5-92-100    Penalty for obstructing law enforcement officers.

5-92-110    Penalties.

5-92-010 License required.

It is unlawful for any person to locate, install, keep, maintain or use, or permit the location, installation, maintenance or use upon the premises of any pinball machine or coin-operated amusement device as defined in this chapter without first having obtained a license therefor. (Ord. 2910 § 5 (Par. H. § 1), 1995)

5-92-020 Definitions.

A “pinball machine” or “coin-operated amusement device” means any amusement machine or device operated by means of the insertion of a coin, token, or similar object for the purpose of amusement or skill and for the playing of which a fee is charged, including, without being limited to, pinball and video games. (Ord. 2910 § 5 (Par. H. § 2), 1995)

5-92-030 Application.

Applications for a license under this chapter shall be made upon such forms as are prescribed by the city. One application may be used for more than one machine at the same premises but separate licenses shall be obtained for each machine. The application shall also specify the number of machines, a description of each machine, and the name and address of the owner of each machine. All such licenses shall be issued by the clerk, but no such license shall be issued until the character of the applicant, or the local representative thereof, has been investigated and found to be of good character. (Ord. 2910 § 5 (Par. H. § 3), 1995)

5-92-040 Regulations.

A.    No license issued under this chapter shall permit the operation of any coin-operated amusement device at any place or in any manner which will disturb the peace and quiet of persons outside the licenses premises.

B.    All coin-operated amusement devices that give rewards for skill shall have plainly posted on them the reward for skill in the operation thereof. Said games shall not pay off in money, prizes or awards, but may grant free games to the player upon the player reaching a certain score or scores. No such device shall provide a monetary award for the accumulation of free games. Any device located on the machine to clear accumulated games cannot be located on the outside of the machine.

C.    No gambling device or individual wagering on any such device shall be permitted, nor shall the proprietor compensate a winner in any way. (Ord. 2910 § 5 (Par. H. § 4), 1995)

5-92-050 Fees—Term of license.

Every person applying for a license for a coin-operated amusement device shall pay a license fee annually in the amount of one hundred dollars ($100.00) per machine. Every license issued under the provisions of this chapter shall expire on the thirtieth day of April following its issuance and the license fees fixed by this chapter shall be annual fees payable in advance. License fees shall not be prorated, except that applications for licenses on and after November 1st shall require payment of only one-half of the fees hereinabove fixed. (Ord. 3316 § 2 (part), 2015; Ord. 3221 § 24, 2009; Ord. 2910 § 5 (Par. H. § 5), 1995)

5-92-060 Responsibility for license.

The proprietor of the premises in which such coin-operated amusement device is located shall be ultimately responsible for payment of the license fee and shall be accountable for each machine on the premises. Any device maintained without an appropriate license shall be a violation of this chapter by the proprietor of the premises. Any such unlicensed device may be unplugged and tagged by the city as an unlicensed machine. (Ord. 2910 § 5 (Par. H. § 6), 1995)

5-92-070 Inspections.

The city may make such inspections as may be necessary to insure compliance with the provisions of this chapter. (Ord. 2910 § 5 (Par. H. § 7), 1995)

5-92-080 Revocation.

Any license granted under the terms of this chapter may be revoked by the mayor, by notice in writing to the licensee, whenever it shall appear to his satisfaction that the person so licensed shall have violated any of the provisions of this chapter. (Ord. 2910 § 5 (Par. H. § 8), 1995)

5-92-090 Duty of law enforcement officers.

It is made the duty of every policeman to seize any table or implement kept or used in violation of this chapter, and upon the conviction of the keeper thereof, such table or implement so seized shall be destroyed. (Ord. 2910 § 5 (Par. H. § 9), 1995)

5-92-100 Penalty for obstructing law enforcement officers.

Any person obstructing or resisting any policeman in the performance of any act authorized by this chapter shall be fined not less than five hundred dollars ($500.00) nor more than two thousand five hundred dollars ($2,500.00). (Ord. 3316 § 2 (part), 2015; Ord. 2910 § 5 (Par. H. § 10), 1995)

5-92-110 Penalties.

Any person who violates this chapter shall, upon conviction thereof, be fined not less than five hundred dollars ($500.00) nor more than two thousand five hundred dollars ($2,500.00) for each offense. Each day that a violation continues shall be deemed to constitute a separate and distinct offense. A person violating the provisions of this code may receive a separate citation for each unlicensed machine on the premises. (Ord. 3316 § 2 (part), 2015; Ord. 2910 § 5 (Par. H. § 11), 1995)