[HISTORY: Adopted by the Common Council of the City of Hayward
as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-7-1947 by Ord. No. 49]
As used in this article, the following terms shall have the
meanings indicated:
A machine, which, upon the insertion of a coin or slug operates,
or 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 by any other means or manner, and which machine is
not readily convertible into a gambling device. Coin-operated vending
machines or coin telephones shall not be included in this article.
A machine which upon the insertion of a coin or slug, either
in the machine or a slot connected with the machine, plays recorded
or transcribed music.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No person, firm or corporation shall operate or install for
operation, a coin-operated musical device or amusement device as hereinbefore
defined, without first having obtained a license therefor from the
City Clerk/Treasurer. Applications for the issuance of such license
shall be made in writing to the City Clerk/Treasurer on such form
of application as shall be prescribed by the City Clerk/Treasurer.
Such application shall first be properly approved by the License Committee
before the license is issued by the City Clerk/Treasurer. Licenses
shall not be transferable and shall be displayed upon the device as
prescribed by the City Clerk/Treasurer. Licenses will be issued by
the City Clerk/Treasurer immediately upon approval by the license
committee and payment of the required license fee.
[Amended 8-4-1947; 6-7-1954 by Ord. No. 94A]
A.
The license fee shall be $5 per annum, or any part thereof, for each coin-operated music or amusement device, as defined in § 116-1 of this article.
B.
Licenses
shall expire on the 30th day of June of each year and shall be renewable
upon presentation of a proper receipt from the City Clerk/Treasurer
showing the deposit of the required license fee.
No device included in this article shall be installed or operated
within 600 feet of any elementary or high school grounds.
[Added 7-11-1949 by Ord. No. 63]
No person, firm or corporation shall operate or allow the operation
of a coin-operated music device, in his or her place of business,
between the hours of 1:00 a.m. and 8:00 a.m.
No person, firm or corporation shall permit any amusement device
to be operated by any minor under the age of 18 years, unless such
minor shall then and there be accompanied by his or her parent or
guardian.
A.
Any person,
firm or corporation who shall violate any of the provisions of this
article shall be deemed guilty of a misdemeanor and upon conviction
thereof shall forfeit and pay to the City of Hayward a fine of not
less than $25 nor more than $100 for each offense, and each day during
which violation shall continue shall be deemed a separate offense.
In default of payment of such fine, the violator shall be imprisoned
in the county jail not to exceed 90 days.
B.
In addition
to the above penalties, any police officer may seize or cause to be
seized any coin-operated music device or amusement device upon which
there is not affixed the proper license.
