Chapter 5.18
VENDING AND GAME MACHINES
Sections:
5.18.030 Application and issuance.
5.18.050 Term, renewal and advance payment of fees, due date and penalty for late payment.
5.18.060 License not to legalize unlawful devices or activities.
5.18.070 Attachment of license to machine.
5.18.090 Prohibition against using license of another.
5.18.100 Confiscation and padlocking of machines.
5.18.010 Definitions.
For the purposes of this chapter, the words and phrases set forth in this section shall have the following meanings:
A. “Amusement devices” means a coin, trade check, slug or other token-operated machine, device or apparatus which is mechanically, electrically or hand-operated and is designed and used for the purpose of playing a game of skill or chance by one or more players solely for the purpose of amusement and/or entertainment of the player or players. Without limiting the generality of the foregoing, the term includes flipper games, foosball games, electrodart games, video games, coin-operated shuffleboards and bowling games. The term does not include machines, devices, or apparatus designed and used for the purpose of dispensing merchandise nor does it include gambling devices. Further, the term does not include billiard tables or pool tables as provided in Chapter 5.06 GMC.
B. “Pinball machine” means any automatic machine or device or game whereby a person deposits a coin and in return is enabled to try his skill by shooting, playing, or rolling a ball or balls, in order to obtain a high score or win merchandise or its equivalent.
C. “Vending machine” means any automatic machine or device whereby a person deposits a coin and in return receives any article of merchandise, of any kind or character.
D. “Juke box” shall have the usual and ordinary meaning including any machine, device or apparatus designed to be operated so as to produce or play music by the insertion or deposit of a coin, token or other thing of value. (Ord. 2008-27 § 2).
5.18.020 Licenses required.
It is unlawful for any person, firm or corporation to own, keep, maintain or operate any amusement device, as defined in GMC 5.18.010, on or about the premises of any places within the corporate limits of the city, without having first secured and paid for a business license as required by GMC 5.04.010 and a license for each amusement device so owned, kept or maintained or operated, as set forth in this chapter. (Ord. 2008-27 § 2).
5.18.030 Application and issuance.
The license or permit shall be obtained from the city clerk. In the event the city clerk refuses to issue or suspends a license, the applicant shall have the right to appeal such refusal to the city hearing examiner under the procedures set forth in Chapter 2.50 GMC. (Ord. 2008-27 § 2).
5.18.040 Fees.
For purposes of this chapter, the owner or operator of the establishment in which said devices are located shall pay a license fee of $25.00 per machine per year. (Ord. 2008-27 § 2).
5.18.050 Term, renewal and advance payment of fees, due date and penalty for late payment.
Any and all licenses issued for any machines shall be valid for the period of January 1st to December 31st of the year of issuance. All license fees or renewals thereof are due on January 1st of each year and are delinquent and subject to revocation for failure to renew. In addition, license renewals after March 31st of each year shall bear a late charge of $25.00 per establishment. (Ord. 2008-27 § 2).
5.18.060 License not to legalize unlawful devices or activities.
No license issued under this chapter shall be deemed to legalize any device or activity which is unlawful under the laws of this city or of the state. (Ord. 2008-27 § 2).
5.18.070 Attachment of license to machine.
All licenses issued shall be attached to the machine for which they are issued or so posted or placed upon same that they may be clearly observed by any person operating the machine. (Ord. 2008-27 § 2).
5.18.080 Violation – Penalty.
Any person who violates any of the provisions of this chapter shall be subject to the penalties provided in GMC 5.04.140. (Ord. 2008-27 § 2).
5.18.090 Prohibition against using license of another.
No person shall maintain, install or operate any amusement device in the name of another nor under the license of another. (Ord. 2008-27 § 2).
5.18.100 Confiscation and padlocking of machines.
Any amusement device operated in violation of this chapter may be confiscated by the city and may be padlocked or otherwise rendered unplayable as the city clerk may deem fit, and any person removing a padlock from such amusement device or making such amusement device playable without written permission of the city clerk shall be guilty of a misdemeanor. (Ord. 2008-27 § 2).