Cross References — As to dance halls and dancing schools, §§605.610 et seq.
[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]
A.
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.
B.
Every
business establishment, individual proprietor or other person having
any machine on their premises shall make a report to the City Clerk/Administrator
showing:
1.
The type of machine;
2.
The coin used to operate such machine and whether it is capable of
taking more than one (1) coin per game;
3.
The name and address of the person owning such machine and keeping
it supplied;
4.
If the applicant be a partnership, the names and addresses of all
active and silent partners;
5.
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.
C.
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]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
The
cost of registration shall be the sum of fifty dollars ($50.00) per
machine or device, which shall be payable annually.
G.
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]
A.
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.
B.
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]
A.
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.
B.
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]
A.
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.
B.
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).
D.
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.
E.
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:
3.
The annual registration cost for each coin-operated video game as set forth in Section 610.080(F);
4.
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;
F.
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.
