Cross References — As to dance halls and dancing schools, §§605.610 et seq.
Article I In General
Article II Coin-Operated Video Games
[R.O. 2009 §4-21; Code 1969 §5-2A; Ord. No. 2820 §1, 7-21-1986]
The term "coin-operated video games", as used in this Chapter, means any coin-operated electronic video game and/or pinball game used for the purposes of providing amusement.
[R.O. 2009 §4-22; Code 1969 §5-2A]
No coin-operated video game shall be brought into, installed, set up or, moved or, maintained in the City until the owners thereof have registered and received a stamp or sticker from the City Clerk/Administrator and affixed the latter to the machine, table or device.
Every business establishment, individual proprietor or other person having any machine on their premises shall make a report to the City Clerk/Administrator showing:
The type of machine;
The coin used to operate such machine and whether it is capable of taking more than one (1) coin per game;
The name and address of the person owning such machine and keeping it supplied;
If the applicant be a partnership, the names and addresses of all active and silent partners;
Whether the applicant has received or is receiving financial assistance in any way whether by loan, special credit terms, subsidation or otherwise from any person who either sold or distributed or manufactured the coin-operated video games.
It shall be the duty of every person owning or operating any machine to register with the Chief of Police. The registration shall show the names and addresses of all persons interested in the business, the names of the employees and other persons who service the machines in the City and if the owner and operator is a corporation, the name of its registered agent in the State, the address of its registered office in the State and whether it is a domestic or foreign corporation, the address of its principal office for the conduct of business in the State, the names and addresses of its President, Vice President, Secretary and Treasurer and all directors, the names and addresses of its five (5) largest stockholders and the percentage of the total stock owned by each of them, the name and address of the person that will have custody of the books and records of the applicant relating to the receipts to be derived from any of the devices for which a registration has been applied for and if no officer is a resident of the State, the name and address of the chief management in the State and all other information required by the Chief of Police which will establish whether or not persons of a disreputable police record are known to be associated with persons who have unfavorable police records are interested in any manner in the machines.
[R.O. 2009 §4-23; Code 1969 §5-2A]
If a coin-operated video game is owned, operated and maintained by a benevolent, charitable or other non-profit organization, the City Clerk/Administrator shall issue a stamp or sticker and put a letter or symbol after the number on the stamp or sticker to indicate that it is owned by a benevolent, charitable or other non-profit organization. In order for video games to qualify as being owned, operated and maintained by a benevolent, charitable or other non-profit organization, the person desiring to locate such machine in the City shall produce a letter from a recognized benevolent, charitable or other non-profit organization to be filed with the City Clerk/Administrator stating such organization has an interest in the receipts derived from such machine and that it will promptly notify the City if and when its interest in such receipts is terminated. The letter shall also state the number of machines which it has located or desires to locate in the City on which it will receive all or a share of the receipts.
If the report from the Chief of Police does not show that the location of the machine in the City is causing hoodlums and persons having disreputable police records, or known as associates of persons with such records, to congregate in the City and cause any condition having an adverse effect upon the City and its inhabitants, the City Clerk/Administrator shall issue a stamp or sticker to the applicant, which shall be affixed to the machine for which it is issued and one (1) other. The City Clerk/Administrator shall number, date and initial all such stamps or stickers and keep a record of them in a separate book to be provided for that purpose.
If the Chief of Police has reason to believe the location of any machine in the City will cause undesirable persons as aforesaid to congregate in the City and have an adverse effect upon the City and its inhabitants, he/she shall promptly refer the matter to the Board of Aldermen which shall notify the applicant for the stamp or sticker to appear before the Board for examination.
In the case of machines concerned where there is any doubt as to the effect upon the City and its inhabitants for any of the reasons above set forth, the Board of Aldermen may refuse to issue the stamp or sticker or direct that the stamp or sticker be issued upon such terms and conditions as it may appear necessary for the welfare of the City and its inhabitants, and violation of such terms and conditions shall be cause for revocation of the stamp or sticker.
All stamps or stickers shall expire on the following December thirty-first (31st) and new stamps or stickers shall be applied for as provided in this Article.
The cost of registration shall be the sum of fifty dollars ($50.00) per machine or device, which shall be payable annually.
Stamps or stickers may be renewed from year to year upon the owner of machines complying with the requirement that he/she register with the Chief of Police and upon the Chief giving a favorable report.
[R.O. 2009 §4-24; Code 1969 §5-2A]
It shall be unlawful for any person to have on his/her premises any unregistered coin-operated video game required to be registered under the provisions of this Article. No more than three (3) coin-operated video games shall be in any one (1) establishment.
[R.O. 2009 §4-25; Code 1969 §5-2A]
It shall be unlawful for any person to maintain or exhibit any coin-operated amusement device on any premises situated within three hundred (300) feet of the grounds of any school, except music- vending machines.
[R.O. 2009 §4-26; Code 1969 §5-2A]
The owner of a coin-operated video game in the City shall display in a prominent place on the machine a sticker or a securely fastened metal or plastic plate showing in clearly legible form the name and address of the owner of the machine. If the ownership changes, the new owner shall comply with this Section within ten (10) days from the date of his/her acquisition.
Any coin-operated video game not so identified by a sticker or a plate shall be confiscated by the Police and it shall be unlawful for any purpose to keep or maintain or permit the use of such machine, unless it bears such sticker or plate.
[R.O. 2009 §4-27; Code 1969 §5-2A]
Coin-operated amusement devices shall not be operated except between 10:00 A.M. to 10:00 P.M. Monday through Thursday, 10:00 A.M. to 10:00 P.M. Friday and Saturday (except those located in cocktail lounges and taverns) and 1:00 P.M. to 9:00 P.M. Sunday.
[R.O. 2009 §4-28; Code 1969 §5-2A]
All coin-operated amusement devices and all premises on which such devices and machines are maintained or exhibited shall be open to inspection by the Chief of Police.
[R.O. 2009 §4-29; Code 1969 §5-2A]
If the Chief of Police shall have reason to believe that any exhibitor of a coin-operated amusement device is guilty of a violation or the failure to comply with the provisions of the ordinances of the City relating to the registering or the exhibiting of such machines and devices, the Chief shall give notice to the exhibitor of such violations. If the exhibitor does not, within five (5) days of such notice, cease such violations, the Chief shall seize and impound all of the coin-operated amusement devices for which the exhibitor has been granted a registration by the City or which are situated within the City and required to be registered even if not registered and shall hold the same pending the trial of such exhibitor for such violation. If the exhibitor is found guilty of the violation as charged by the Chief, the exhibitor shall pay to the Treasurer of the City, in addition to any fine levied by the court, a service fee of one hundred dollars ($100.00) plus the actual cost of impoundment, storage and disposal for each machine or device impounded by the Chief and obtain a receipt therefor and, upon exhibiting the receipt to the Chief, shall be entitled to regain possession of each machine or device so impounded.
If, after twenty (20) days from the notice given by the Chief of Police to the owner or exhibitor of the machines or devices, the machines or devices not redeemed by the exhibitor or owners shall be sold or demolished, as may be authorized by the Mayor. All money salvaged from the machine and realized for its sale and the sale of any merchandise therein shall be paid to the City Treasurer for general municipal purposes.
[R.O. 2009 §4-31; Ord. No. 3278 §1, 5-3-1993]
Authority To Issue Temporary Permit. Upon written application to the City Clerk/Administrator by a qualified organization (as hereinafter defined) (hereinafter the "applicant"), the City Clerk/Administrator may grant to such applicant a temporary permit to bring, install upon, own, operate and/or maintain on its property (or property leased to it) up to twenty-five (25) coin-operated video games for a period not to exceed three (3) consecutive days (plus such additional period of time as is reasonably necessary for installation and removal of such coin-operated video games) solely for use in connection with any carnival, picnic or festival being held on such property.
Application. The application to the City Clerk/Administrator for a temporary permit pursuant to the provisions of this Section 610.150 shall set forth such information as the City Clerk/Administrator reasonably requests including, without limitation, the name and address of the applicant, the proposed date or dates on which the carnival, picnic or festival is to be held, the proposed number of coin-operated video games to be brought on the property and the proposed time of operation. Each application shall pay to the City an application fee of twenty-five dollars ($25.00).
Content Of Permit. Any temporary permit granted hereunder shall set forth the name of the applicant, the period of time during which such permit is valid, its expiration date and the number of coin-operated video games for which such permit is granted.
Effect Of Issuance Of Permit. Any applicant to whom a temporary permit is granted under this Section 610.150 shall be exempt from compliance with the following provisions, all of which are waived solely for the period during which such permit is valid:
The annual registration cost for each coin-operated video game as set forth in Section 610.080(F);
The limitation on the number of coin-operated video games which may be brought on an applicant's property as set forth in Section 610.090;
The restriction on the location of coin-operated video games as set forth in Section 610.100; and
Appeal Procedure. In the event the City Clerk/Administrator denies any request for a temporary permit pursuant to the provisions of this Section 610.150, the applicant shall have the right to appeal said denial to the Board of Aldermen, provided such appeal is in writing, accompanied by a concise statement of the reasons why such applicant is entitled to such permit and is delivered to the City not later than thirty (30) days from the date on which the City Clerk/Administrator's decision is rendered. The Board of Aldermen shall have the right to sustain or overrule the City Clerk/Administrator's decision and the decision of the Board of Aldermen shall be final.