Chapter 3.74
AMUSEMENT DEVICES
Sections:
3.74.010 ADMINISTRATIVE PROVISIONS.
3.74.030 SHOOTING GALLERIES UNLAWFUL.
3.74.050 AMUSEMENT DEVICE TAX.
3.74.060 DISPLAY OF OWNER’S NAME AND ADDRESS ON AMUSEMENT DEVICE REQUIRED.
3.74.010 ADMINISTRATIVE PROVISIONS.
The provisions contained in Chapter 3.86 BMC shall be fully applicable to the provisions of this chapter except as expressly stated to the contrary herein. (Ord. 4859 §5 (in part), 2003)
3.74.020 DEFINITIONS.
For the purposes of this chapter, the definitions contained in Chapter 3.48 BMC shall apply to the provisions of this chapter as applicable unless the term is defined otherwise in this chapter. In addition, the following definitions will apply:
(a) "Amusement device" means a game or device which is primarily a game of skill, including, but not limited to, games or devices requiring hand-eye coordination and/or intellectual processes, wherein achieving high scores in playing the game is determined by the skill of the players and not as a result of chance or an element of chance as a part of the game. Amusement devices may confer only an immediate and unrecorded right of replay to the players. This includes, but is not limited to, pool and billiard tables, shuffleboards, music machines, video games, pinball games, riding devices, televisions and devices for display of pictures or views on film; provided, that it does not mean or include any machine or twice used exclusively for the vending of merchandise.
(b) "Amusement device owner" means a person, corporation or firm who has legal title to an amusement device, as defined in subsection (a) of this section, or who as a purchaser is entitled to possession under a retained title contract, conditional sales agreement, vendor’s lien agreement or other purchase agreement of an amusement device, as defined in subsection (c) of this section.
(c) "Penny arcade" means a place of business established chiefly for the amusement of its customers by the use of amusement devices and/or other types of coin-operated devices.
(d) "Shooting gallery" means a place of public amusements where bullets, arrows or projectiles of any kind may be shot, thrown in any manner or by the use of any type of force or power, projected at targets, upon payment of a fee or charge, or for other consideration. Exempted from this definition are establishments that provide electronic dart games. (Ord. 4859 §5 (in part), 2003; Ord. 4047 §1, 1986. Formerly 5.80.010)
3.74.030 SHOOTING GALLERIES UNLAWFUL.
Because of the hazard to the public and in the interest of public peace, health and safety, it is unlawful to operate a shooting gallery or galleries in the city. (Ord. 4859 §5 (in part), 2003; Ord. 4047 §2, 1986. Formerly 5.80.020)
3.74.040 LICENSE - REQUIRED.
It is unlawful for any person, firm or corporation to own and/or operate any amusement device for commercial purposes without having first obtained and being the holder of a valid city business license pursuant to the terms and conditions set forth in Chapter 5.02 of this code. (Ord. 4859 §5 (in part), 2003; Ord. 4047 §3(a), 1986. Formerly 5.80.030)
3.74.050 AMUSEMENT DEVICE TAX.
(a) Any person, firm or corporation which owns any amusement device for commercial purposes shall be required to remit to the city a tax which shall be equal to the gross receipts derived therefrom multiplied by the rate of two percent (2%).
(b) The tax shall be payable in quarterly installments on or before the thirtieth day of the month following the end of the calendar quarter.
(c) The tax remittance, as herein provided, shall be accompanied by an amusement device location schedule every calendar quarter.
(d) In the event that the amusement device tax is not paid on or before the due date, there shall be added to the amount due a penalty fee pursuant to BMC 3.86.110.
(e) In addition to this penalty, the city treasurer may charge the taxpayer interest of one percent (1%) of all taxes and fees due for each thirty (30) day period or portion thereof that such amounts are past due.
(f) Failure to make payment in full of all tax amounts and penalties within sixty (60) days following the day the tax amount initially became due shall be both a civil and criminal violation of this section. (Ord. 5343 §5, 2017; Ord. 4859 §5 (in part), 2003; Ord. 4047 §3(b), 1986. Formerly 5.80.040)
3.74.060 DISPLAY OF OWNER’S NAME AND ADDRESS ON AMUSEMENT DEVICE REQUIRED.
(a) It is a violation of this chapter for the owner of any amusement device to fail to display his/her name and current address on each amusement device when in use or available for use or play.
(b) It is unlawful for the owner, operator, manager, or other person in charge of any place or location to permit or allow to be used or played in such place any amusement device not having attached thereto the name and current address of the owner of the amusement device. (Ord. 4859 §5 (in part), 2003; Ord. 4047 §4, 1986. Formerly 5.80.050)