Chapter 5.28
AMUSEMENT DEVICES – MUSIC MACHINES
Sections
5.28.020 Gambling devices not permitted.
5.28.070 Date license fee due.
5.28.100 Revocation of license – Appeal.
5.28.110 Seizure and destruction of machine.
5.28.010 Definitions.
(1) Use of Words and Phrases. As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings.
(2) “Amusement device” means a machine, table, board, or other device designed to be operated or played by one or more individuals upon the payment of or by the insertion of a coin or token and is construed to include any pinball machine, claw machines, cranes, pool tables, bowling machines, video games, and all other devices of like kind, nature, or purpose.
(3) “Music machine” means a machine or instrument designed to be operated or played upon the payment by insertion or otherwise of cash or other valuable consideration and used for the reproduction of music and/or pictures or visual entertainment and includes all other devices of like kind, nature, or purpose.
(4) “Person” as used in this chapter includes the following: a person which owns such machine; the person in whose place of business such machine is placed for use by the public; and the person having control over such machine; except the payment of such fee by any person enumerated in this chapter is deemed a compliance of this chapter. [Ord. 993 § 11, 1992: Ord. 276 § 1, 1970; Ord. 37 § 1, 1960.]
5.28.020 Gambling devices not permitted.
Nothing in this chapter shall in any way be construed to authorize, license, or permit a gambling device, or a mechanism that has been judicially determined to be a gambling device, or in any way contrary to law, or that may be contrary to future laws of the state. [Ord. 37 § 2, 1960.]
5.28.030 License required.
A person displaying for public patronage or keeping for operation an amusement device or music machine as defined in DMMC 5.28.010 shall be required to obtain a license from the city clerk. [Ord. 37 § 3, 1960.]
5.28.040 Application.
(1) Application for license is made to the city manager upon a form supplied by the city clerk for that purpose. The application for such license shall contain the following information:
(a) Name, address, age, date, and place of birth of the applicant;
(b) Prior convictions, if any;
(c) Place where machine or device is to be displayed or operated and the business conducted at that place;
(d) Description of machine to be covered by the license, mechanical features, name of manufacturer, and serial number.
(2) No license is issued to an applicant unless the applicant is not less than 18 years of age and a citizen of the United States. [Ord. 1020 § 1, 1993: Ord. 37 § 4, 1960.]
5.28.050 Inspection.
(1) The city manager shall refer all applications to the chief of police for purposes of investigation. 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 shall recommend to the city manager either approval or disapproval of the application, giving his reasons therefor.
(2) It shall be the duty of the chief of police and the police officers of the city to inspect the locations where such amusement devices and music machines as provided for in this chapter are located, and determine if the provisions of this chapter are being complied with. [Ord. 37 § 5, 1960.]
5.28.060 License fees.
Every applicant, before being granted a license, shall pay an annual license fee set by administrative order of the city manager for the privilege of operating or maintaining for operation each amusement device or music machine. [Ord. 454 § 1(H), 1979: Ord. 276 § 2, 1970: Ord. 49 § 1, 1960: Ord. 37 § 6, 1960.]
5.28.070 Date license fee due.
The license fees provided for in DMMC 5.28.060 shall be due and payable on or before January 10th of each year and all newly acquired devices and machines shall be licensed within 10 days after installation and available for public use. [Ord. 276 § 3, 1970.]
5.28.080 Display of license.
(1) 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.
(2) A license shall not be transferable from person to person nor place to place, and shall be usable only at the place and by the person designated in the license. [Ord. 37 § 7, 1960.]
5.28.090 Prohibitions and restrictions. Repealed by Ord. 353. [Ord. 37 § 8, 1960.]
5.28.100 Revocation of license – Appeal.
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 an amusement device or music machine contrary to the provisions of this chapter, the ordinances of the city or the law of the state. A party aggrieved by a decision to revoke a license under this chapter may appeal such revocation to the hearing examiner within 10 days of the decision to revoke such license in accordance with the provisions of the hearing examiner code. [Ord. 770 § 41, 1988: Ord. 37 § 9, 1960.]
5.28.110 Seizure and destruction of machine.
If the chief of police has reason to believe any 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 in the municipal court of the city for allowing the machine to be used as a gambling device the exhibitor is found guilty, the machine shall be destroyed by the police. [Ord. 37 § 10, 1960.]