[CC 1996 §625.010; CC 1981 §650.010; Ord. No. 392 §1, 12-15-1975]
As used in this Chapter, unless the context otherwise indicates, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
- AMUSEMENT TABLE
- Any machine or device which, upon the insertion of a coin, slug, token, plate or disk or by the payment of any price, may be operated by the public generally by manipulating special equipment whereby a score is established, the object of which is to score a number or numbers or a high total score, whether a prize is offered or not, when the element of skill in such manipulation predominates over chance or luck. It shall include the games of shuffleboard and so called table pool, bowling table or other similar table games.
- BOWLING ALLEYS
- Is intended to include all places, either indoor or outdoor, where the game of tenpins or bowling may be played and where a fee is charged, either per game or per house or for any other period of time. The "game", as herein referred to, means a game that is played by rolling a ball on floor or ground level as opposed to a table, hereinafter provided for. It shall not include churches or other charitable, educational or religious organizations which provide bowling alley facilities for its members without pay or fee.
- ELECTRONIC AMUSEMENT DEVICE
- Any electronic machine which, upon the insertion of a coin, slug, token, plate or disk or by the payment of any price, charge or fee, may be operated by the public generally for use as a game, entertainment or amusement whether or not registering a score. It shall include such devices as foosball machines, air hockey machines, video machines, dart machines, hockey machines and table tennis machines and all electronic games, operations or transactions similar thereto, under whatever name they may be indicated.
- JUKE BOX
- Any music vending machine, contrivance or device which, upon the insertion of a coin, slug, token, plate, disk or key into any slot, crevice or other opening or by payment of any price, operates or may be operated for the emission of songs, music or similar amusement, including a moving picture shown in conjunction with said music or songs.
- MECHANICAL AMUSEMENT DEVICE
- Any machine which, upon the insertion of a coin, slug, token, plate or disk or by the payment of any price, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score. It shall include such devices as marble machines, pinball machines, skillball, mechanical grab machines and all games, operations or transactions similar thereto, under whatever name they may be indicated.
- Any natural person, individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate or organization of any kind.
- VENDING MACHINE
- A coin or currency operated device which is used to sell tangible personal property without requiring the vendor's physical attention at the time of sale.
[CC 1996 §625.030; CC 1981 §650.030; Ord. No. 392 §3, 12-15-1975]
Any person displaying for public patronage or keeping for operation any bowling alleys, merchandise vending machines, juke boxes, amusement tables, mechanical amusement devices or electronic amusement devices as defined in Section 620.010 of this Chapter shall be required to obtain a license from the City of Breckenridge Hills, Missouri, upon the payment of a license fee to the Treasurer of the City. The term "person", as used herein, shall include any person, as defined in Section 620.010 of this Chapter, who owns any of the aforesaid equipment, devices or machines or who has a place of business in which any of said equipment, devices or machines are placed for use by the public or who has control over such equipment, devices and machines; provided however, that the payment of such fee by any person enumerated herein shall be deemed in compliance with this Section. Application for such license shall be made to the City Clerk upon a form supplied by the City Clerk for that purpose.
[CC 1996 §625.040; CC 1981 §650.040; Ord. No. 392 §4, 12-15-1975]
The application for such license shall contain the following information:
Name and address of the applicant, age, date and place of birth.
Prior convictions of applicant, if any.
Place where bowling alley, machine, amusement table or device is to be displayed or operated and the business conducted at that place.
Description of machines to be covered by the license, mechanical features, name of manufacturer and serial number.
No license shall be issued to any applicant unless he/she shall be over twenty-one (21) years of age and a citizen of the United States.
[CC 1996 §625.050; CC 1981 §650.050; Ord. No. 392 §5, 12-15-1975]
The City Clerk shall prepare and furnish to the City Treasurer for each calendar quarter a complete record of all license fees collected by said City Clerk during the preceding quarter, which report shall be furnished to the Treasurer in the month following the close of the calendar quarter and shall contain the persons to whom such licenses have been granted during such calendar quarter.
[CC 1996 §625.060; CC 1981 §650.060; Ord. No. 392 §6, 12-15-1975]
Application for license shall be made out in duplicate, one (1) copy being furnished to the Director of Public Works and the other copy to be processed by the City Clerk as other licenses are processed. The Director of Public Works or his/her designee shall determine if the application complies with the Electrical Code of the City of Breckenridge Hills and shall make a recommendation to the City Clerk, either approving or disapproving the application on that basis. Only in the event of such approval or disapproval or otherwise at the discretion of said Clerk shall the application be referred to the City Council. In all other events, the license may be granted by the Clerk.
[CC 1996 §625.070; CC 1981 §650.070; Ord. No. 466 §1, 6-19-1978]
Every applicant, before being granted a license, shall pay the following annual license fee for the privilege of operating or maintaining for operation the type of equipment herein previously defined and set out below opposite the license fee:
Merchandise vending machines on items selling for a price in excess of four cents ($.04): $10.00 per machine.
Juke box: $15.00 per machine.
Mechanical amusement device: $75.00 per machine or device.
Amusement table: $20.00 per table.
Pool table: $10.00 per table.
Bowling alley: $15.00 per alley.
Electronic amusement device: $100.00 per machine or device.
Each license shall expire on July thirty-first (31st) of each year. Any license or annual renewal applied for shall be issued if at all for the fee above indicated. Any license applied for during the period less than twelve (12) months prior to July thirty-first (31st) of any year shall be issued if at all upon the payment of a pro rata fee of the above schedule of fees based upon the number of months remaining prior to July thirty-first (31st) of any said year.
[CC 1996 §625.080; CC 1981 §650.080; Ord. No. 392 §8, 12-15-1975]
The license or licenses herein provided for shall be posted permanently and conspicuously at the location of the equipment or machine or device to be operated or maintained to be operated.
Such license may be transferred from one machine, piece of equipment or device to another similar piece of equipment upon application to the City Clerk to such effect and the giving of a description and the serial number of the piece of equipment, machine or device. Not more than one (1) such piece of equipment or device shall be operated under one (1) license and the applicant or licensee shall be required to secure a license for each and every piece of equipment and machine displayed or operated by him/her.
If the licensee shall move his/her place of business to another location within the City of Breckenridge Hills, the license may be transferred to such new location upon application to the City Clerk giving the street and number of the new location. The new location shall be approved by the City Clerk and the Director of Public Works or his/her designee in the same manner as hereinbefore provided.
[CC 1996 §625.090; CC 1981 §650.090; Ord. No. 392 §9, 12-15-1975; Ord. No. 438 §1, 8-15-1977]
No licensed keeper of any table described in Section 318.010, RSMo., shall allow any person under the age of sixteen (16) years to play on any such table without first having obtained the permission of such person's parent or guardian.
No licensed keeper of any table described in Section 318.010, RSMo., who serves alcoholic beverages or intoxicating wines and liquors in the establishment where the table is found shall allow any person under the age of twenty-one (21) years to play upon such table; provided however, that this Subsection shall not apply to establishments where such tables described in Section 318.010, RSMo., are separate from the location where alcoholic beverages are served.
No person holding a license under this Chapter shall permit the playing of any mechanical amusement device, amusement table or electronic amusement device as herein defined between the hours of 1:30 A.M. and 6:00 A.M. on any day.
No person holding a license under this Chapter shall permit the playing of juke boxes, mechanical amusement devices, electronic amusement devices and other similar equipment within two hundred fifty (250) feet of any church, public or parochial school or playground.
[CC 1996 §625.100; CC 1981 §650.100; Ord. No. 392 §10, 12-15-1975]
Every license issued under this Chapter is subject to the right, which is hereby expressly reserved, to revoke the same should the licensee, directly or indirectly, permit the operation of any equipment, devices or machines herein described and defined contrary to the provisions of this Chapter or the laws of the State of Missouri. Said license may be revoked by the City Council after seven (7) days' written notice to the licensee, which notice shall specify a hearing date and the violations with which the licensee is charged and after a hearing before the City Council, if the licensee is found to be guilty of such violations. At such hearing, the licensee and his/her attorney may be present and submit evidence or witnesses in his/her defense. The Council decision shall be made by a majority vote of the Council members present and voting at the hearing. The licensee may appeal an adverse decision to the St. Louis County Circuit Court pursuant to the provisions of the Administrative Procedure and Review Act of Missouri.
[CC 1996 §625.110; CC 1981 §650.110; Ord. No. 392 §11, 12-15-1975]
If the Chief of Police of the City of Breckenridge Hills shall have reason to believe that any mechanical amusement device or any other device or equipment as herein described is used or is being used as a gambling device, such machine or piece of equipment may be seized by the Police and impounded and if upon trial of the exhibitor for allowing it to be used as a gambling device said exhibitor is found to be guilty, said machine is to be destroyed by the Police.