[CC 1996 §625.010; CC 1981 §650.010; Ord. No. 392 §1, 12-15-1975; Ord. No. 1321, 7-18-2022]
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:
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.
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.
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.
A person engages in gambling when he or she stakes or risks
something of value upon the outcome of a contest of chance or a future
contingent event not under his or her control or influence, upon an
agreement or understanding that he or she will receive something of
value in the event of a certain outcome. Gambling does not include
bona fide business transactions valid under the law of contracts,
including but not limited to contracts for the purchase or sale at
a future date of securities or commodities, and agreements to compensate
for loss caused by the happening of chance, including but not limited
to contracts of indemnity or guaranty and life, health or accident
insurance; nor does gambling include playing an amusement device that
confers only an immediate right of replay not exchangeable for something
of value.
Any device, machine, paraphernalia or equipment that is used
or usable in the playing phases of any gambling activity, whether
that activity consists of gambling between persons or gambling by
a person with a machine. However, lottery tickets, policy slips and
other items used in the playing phases of lottery and policy schemes
are not gambling devices within this definition.
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.
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.
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; Ord. No. 1322, 7-18-2022]
Any person displaying for public patronage or keeping for operation any bowling alleys, merchandise vending machines, juke boxes, amusement tables, mechanical amusement devices, gambling 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; Ord. No. 1323, 7-18-2022]
A.
The
application for such license shall contain the following information:
1.
Name and address of the applicant, age, date and place of birth.
2.
Prior convictions of applicant, if any.
3.
Place where bowling alley, machine, amusement table, gambling device
or device is to be displayed or operated and the business conducted
at that place.
4.
Description of machines to be covered by the license, mechanical
features, name of manufacturer and serial number.
B.
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; Ord. No. 1325A, 7-18-2022]
A.
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 ($0.04): $10.00 per machine.
Juke box: $15.00 per machine.
Gambling device: $500.00 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.
B.
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]
A.
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.
B.
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.
C.
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]
A.
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.
B.
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.
C.
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.
D.
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; Ord. No. 1324, 7-18-2022]
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 an illegal 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.
