[R.O. 2012 §605.310; Ord. No. 205 §31(14.31), 2-14-1984]
For the purposes of this Article, 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
member or members, of 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 and other similar table games.
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 hour, 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
relate to churches or other charitable, educational or religious organizations
which provide bowling alley facilities for their members without pay
for fee.
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 show in conjunction with such 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, skill ball and mechanical grab
machines, video games, and all games, operations or transactions similar
thereto, under whatever name they may be indicated.
Any automatic vending machine used for the sale of cigarettes,
food, drink or confections costing more than four cents ($0.04) and
controlled by the insertion of a coin.
Any person owning any equipment or machine of a type mentioned
in this Article; the person in whose place of business any such equipment
or machine is placed for use by the public; and the person having
control over any such equipment or machine; provided, that the payment
of the license fee thereon, as required by this Article, by any such
person shall be deemed in compliance with this Article.
[R.O. 2012 §605.320; Ord. No. 205 §32(14.32), 2-14-1984]
Nothing in this Article shall be construed in any way to authorize,
license or permit any gambling devices whatsoever, or any mechanism
that has been judicially determined to be a gambling device, or in
any way contrary to law, or that may be contrary to any future laws
of the State.
[R.O. 2012 §605.330; Ord. No. 205 §33(14.33), 2-14-1984]
Any person displaying for public patronage or keeping for operation
any bowling alley, merchandise vending machine, jukebox, amusement
table or mechanical amusement device shall be required to obtain a
license from the City upon payment of a license fee. Application for
such license shall be made to the City Administrator or his/her designee
upon a form to be supplied by him/her for that purpose.
[R.O. 2012 §605.340; Ord. No. 205 §34(14.34), 2-14-1984]
A.
Each
application for a license under this Article shall contain the following
information:
1.
Names 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 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.
[R.O. 2012 §605.350; Ord. No. 205 §35(14.35), 2-14-1984]
The City Administrator or his/her designee shall determine if
the application complies with this Chapter and other laws of the City
of Normandy and shall either approve or disapprove the application
on that basis. Only in the event of such disapproval, or otherwise
at the discretion of the City Administrator shall the application
be referred to the City Council. In all other events the license may
be granted by the City Administrator or his/her designee.
[R.O. 2012 §605.360; Ord. No. 205 §36(14.36), 2-14-1984]
A.
Every
applicant, before being granted a license under this Article, 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.
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Merchandise vending machine on items selling for a price in
excess of four cents ($0.04)
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$3.00 per machine
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Jukebox
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$10.00 per machine
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Mechanical amusement device
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$50.00 per machine
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Amusement table
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$15.00 per table
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Bowling alley
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$10.00 per alley
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B.
The
license required by this Article shall be effective from the first
(1st) day of February through the last day of January of the next
calendar year and the yearly license shall be due and payable.
[R.O. 2012 §605.370; Ord. No. 205 §37(14.37), 2-14-1984]
A.
The
license or licenses herein provided for shall be posted permanently
and conspicuously at the location of the equipment or machine or affixed
thereto on the premises where the equipment or device is to be operated
or maintained to be operated.
B.
Such
license may be transferred from one (1) machine, piece of equipment
or device to another similar piece of equipment upon application to
the City Administrator or his/her designee 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 procure a license for each piece
of equipment and machine displayed or operated by him/her.
[R.O. 2012 §605.380; Ord. No. 205 §38(14.38), 2-14-1984]
If the licensee shall move his/her place of business to another
location within the City, the license may be transferred to such new
location upon application to the City Administrator or his/her designee,
giving the street and number of the new location; provided, that the
new location shall be approved by the City Administrator or his/her
designee in the same manner as hereinbefore provided.
[R.O. 2012 §605.390; Ord. No. 205 §39(14.39), 2-14-1984]
A.
No
person holding a license under this Article shall permit the playing
of jukeboxes as herein defined between the hours of 1:30 A.M. and
6:00 A.M. central standard time or daylight saving time, as the case
may be, of any day.
B.
No
person shall permit the playing of jukeboxes, mechanical amusement
devices and other similar equipment within two hundred fifty (250)
feet of any church, public or parochial school or playground.
C.
No
person shall be granted a license to operate a business in the City
of Normandy where income is entirely from amusements and amusement
devices or similar equipment; except that a permit may be granted
to a person operating a business where gross income from other sources
is seventy-five percent (75%) or more of gross receipts. Said person
may be granted a permit to operate up to four (4) amusements or amusement
devices or similar equipment in or around the business establishment.
D.
It
shall be the duty of the applicant for such permits to prove to the
satisfaction of the City the gross receipts of his/her or its business
from other sources is seventy-five percent (75%) or more of gross
income.
[R.O. 2012 §605.400; Ord. No. 205 §40(14.40), 2-14-1984]
If the City Administrator shall have reason to believe that
any mechanical amusement device or piece of equipment as herein described
is used or 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,
such exhibitor is found to be guilty, such machine shall be destroyed
by the Police.
[R.O. 2012 §605.410; Ord. No. 205 §41(14.41), 2-14-1984]
Every license issued under this Article is subject to the right
of revocation, which is hereby expressly reserved, should the licensee,
directly or indirectly, permit the operation of any merchandise vending
machine or other equipment herein described and defined contrary to
the provisions of this Article or the laws of the State. Each such
license may be revoked by the City Council after written notice to
the licensee, which notice shall specify the Code or law violations
with which the licensee is charged, if after a hearing 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 of witnesses
in his/her defense.
