Chapter 6.32
AMUSEMENT DEVICES
Sections:
6.32.020 Amusement device license required.
6.32.040 Applications for licenses.
6.32.050 Licenses to be displayed.
6.32.060 License nontransferable – Revocation.
6.32.010 Definitions.
Words and phrases in this chapter are defined as follows:
(1) “Amusement device” means any machine, apparatus, device or game, the operation or use of which is permitted, controlled or otherwise made possible by the deposit of a coin, plate, disc or slug into any slot, device or opening in which is played essentially for amusement or entertainment. It shall include, but not be limited to, such devices as electronic video game machines, mechanical game machines, shuffleboard machines, horseracing machines, football game machines, or any other similar machine or device. It shall not include billiard or pool tables regulated by Chapter 6.36 BMC, or music machines commonly known as juke boxes, nor any machine designed exclusively for use by children under 10 years of age and for which no reward or prize for skill is attainable, such as coin-operated riding machines and other related coin-operated machines. Free plays or games shall constitute a reward or prize for skill.
(2) “Proprietor” means the person in whose place of business any amusement device is placed for the use, amusement, patronage or recreation of the public or of persons in or about said place.
(3) “Person” means any individual, business, corporation, partnership, association, syndicate, club, society or other charitable association of any kind or nature. (Ord. 06-15 § 14, 2015; Ord. 1031 § 1, 1982; Ord. 914 § 4, 1976; Ord. 603 § 1, 1956; Ord. 566 § 1, 1951).
6.32.020 Amusement device license required.
It is unlawful for any proprietor to install, operate, maintain, or exhibit for the purpose of use, play or operation, or permit to be installed, operated or maintained for profit any amusement device unless an amusement device license has been obtained from the city. The license shall be valid only for the number of amusement devices therein specified. The use of additional devices shall require an additional license. (Ord. 06-15 § 14, 2015; Ord. 1031 § 2, 1982; Ord. 566 § 2, 1951).
6.32.030 Licensing fee.
An amusement device license fee expires on December 31st of each year, unless earlier suspended or canceled. The fee for such license shall be $50.00 per amusement device and shall be paid for at the offices of the city treasurer; provided, that no license fee shall be charged for any amusement device owned and operated by any fraternal or charitable organization qualifying for exemption under Section 501(c)(3) of the federal Internal Revenue Code, 26 USCA Section 501. The license is effective for a single place of business only. (Ord. 06-15 § 14, 2015; Ord. 11-97 § 1, 1997; Ord. 1031 § 3, 1982; Ord. 914 § 3, 1976; Ord. 566 § 2, 1951).
6.32.040 Applications for licenses.
All applications for amusement device licenses shall be submitted to the city clerk and must be approved by the city council. Applications for renewals of such licenses shall likewise be made to the city clerk, without referring the application for renewal to the city council, unless requested by the mayor to be acted upon by the council. (Ord. 06-15 § 14, 2015; Ord. 1031 § 4, 1982; Ord. 566 § 2, 1951).
6.32.050 Licenses to be displayed.
The amusement device license shall be posted permanently and conspicuously in public view on the premises where the devices are to be operated or maintained. (Ord. 06-15 § 14, 2015; Ord. 1031 § 5, 1982; Ord. 566 § 2, 1951).
6.32.060 License nontransferable – Revocation.
An amusement device license shall not be transferable from one location to another. The city council expressly reserves the right to refuse such a license to any place of business or to withdraw one already issued from any place of business, where the owner or proprietor is convicted of a crime involving moral turpitude or where the operation of the business is run in such a way as to allow, permit or fail to discourage conduct on the part of the patrons which is in violation of any state, city or county rule, statute or ordinance. (Ord. 06-15 § 14, 2015; Ord. 1031 § 6, 1982; Ord. 566 § 2, 1951).
6.32.100 Gambling games.
Nothing contained in this chapter shall be construed to authorize gambling or gambling games of any nature whatever, nor to license any gambling game, or slot machine. It is unlawful to operate or use, or permit to be operated or used, any amusement device wherein the element of skill or a combination of skill and chance is not involved, or any device customarily used for gambling. (Ord. 06-15 § 14, 2015; Ord. 566 § 5, 1951).
6.32.110 Play by minors.
It is unlawful for any person under the age of 12 to play or operate any amusement device where any payoff, including free plays or free games, is made; and it is unlawful for any operator or any manager in charge of premises where such device is kept, maintained or operated to permit or allow any person under the age of 12 to operate any such amusement device. Violation of this section shall be good cause for the revocation of a license or licenses required under this chapter. (Ord. 06-15 § 14, 2015; Ord. 914 § 5, 1976; Ord. 566 § 6, 1951).
6.32.120 Severability.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter. (Ord. 06-15 § 14, 2015; Ord. 1031 § 8, 1982).