As used in this chapter, the following terms
shall have the meanings indicated:
MECHANICAL AMUSEMENT DEVICE
A machine, other than a music device, which, upon the insertion
of a coin or slug, operates or which may be operated for use as a
game, contest or amusement of any description or which may be used
for any such game, contest or amusement, and which contains no automatic
payoff device for the return of slugs, money, coins, checks, tokens
or merchandise or which provides for no such payoff in any other manner
or means.
MUSIC DEVICE
A machine or mechanical device which, upon the insertion
of a coin or slug, produces or reproduces music.
OPERATOR
Any person, firm, corporation or other entity who or which
contracts for or who or which permits the operation of any mechanical
amusement device, vending machine or music device from which he or
it receives any portion of the profits or income less than the total
amount thereof, whether such machine or device is installed or operated
in his or its own or in another's place of business.
OWNER
Any person, firm, corporation or other entity who or which
actually owns and has title to any such mechanical amusement device,
vending machine or music device and who or which receives all of the
profits and income from the operation of such device or machine used
or operated in his or its own place or places of business.
VENDING MACHINE
A mechanical device which, upon insertion of a coin or slug,
returns to the player thereof the value of his money in merchandise.
No owner, as hereinbefore defined, shall permit
any mechanical amusement device, vending machine or music device to
be used or operated in his own place of business or on his premises
nor shall any operator, as hereinbefore defined, permit any such device
from which he receives any portion of the profits or income to be
used or operated within the Village of New Haven until a machine license
fee has been paid and license issued, as hereafter provided; nor shall
any person, firm or corporation permit any such machine or device
to be installed in his or its place of business or on his or its premises
until proper application has been made for such license as herein
required. No such license shall be transferable from one machine to
another.
All licenses shall expire on March 31 of each
year unless sooner revoked by the Village Council.
The Village Clerk is hereby authorized to permit
the transfer of a license from one amusement device to another amusement
device, or from one vending machine to another vending machine of
the same type, or from one music device to another music device, upon
a good and proper showing that the device or machine from which said
license is transferred has been taken out of the Village of New Haven;
and no such mechanical amusement device, vending machine or music
device so taken out of use in the Village of New Haven shall be replaced
in use until a new license has been secured for the same.
Every mechanical amusement device, vending machine
or music device so licensed shall bear suitable identification marks
and numbers, which shall be written by the Village Clerk upon the
license issued for such device or machine, and such license shall
be permanently affixed to such device or machine so as to be visible
at all times, and every such machine shall bear the owner's name and
address thereon in a conspicuous place.
It shall be unlawful for any person, firm or
corporation to change or alter any amusement device after the same
has been licensed by the Village of New Haven.
The Village Council or its designated representative
is hereby authorized to limit the number of coin-operated amusement
or music devices in any one establishment or place of business.
No device shall display, expose, produce or
emit any motion picture, printed matter, advertisement, writing, song,
recitation, speech, music or other matter that is obscene, indecent,
pornographic or contrary to good morals.
The Village Council may revoke the license of
any person, firm or corporation convicted of violating any of the
terms of this chapter, and no license shall be issued to any such
person, firm or corporation within one year from the date of the revocation.
No person shall permit any mechanical amusement
device, as hereinbefore defined, to be played by any minor under the
age of 18 years; and no such mechanical amusement device shall be
permitted in any establishment or place of business where minors under
the age of 18 years are habitually permitted to congregate; provided,
however, upon application to the Village Council, the foregoing age
limit may be waived and replaced by another age limit to be determined
by Council if the applicant satisfies the Council that the facility
which is being operated is adequately supervised and the applicant
presents rules satisfactory to the Village Council governing the operation
of the facility and the conduct of its customers. If the Council at
any time determines that the facility is not being adequately supervised
or is not being operated in accordance with the rules presented to
it, it may either revoke the license of any person, firm, corporation
or other entity operating the facility or reimpose the eighteen-year-old
age limit.
Any machine, apparatus, contrivance or device
which shall have been made use of for gaming or gambling may be seized
and destroyed in compliance with the terms and provisions of the statutes
of the State of Michigan relating to gaming devices.
[Amended 1-13-2015 by Ord. No. 333]
Any person who shall own or operate any such mechanical amusement device, vending machine or music device without first paying the license fee therefor, or who shall operate such machine or device or permit the same to be operated for gaming, or who shall otherwise violate the terms of this chapter, shall be subject to the penalties set forth in Chapter
59, Municipal Civil Infractions, of the Code of the Village of New Haven.