[Ord. No. 400, art. 1, 9-18-1984]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any coin-operated machine when such machine dispenses or
is used or is capable of being used or operated for amusement or pleasure,
or when such machine is operated for the purpose of dispensing or
affording skill or pleasure, or for any other purpose other than the
dispensing or vending of merchandise or music or service exclusively
by service coin-operated machines as that term is defined in this
section. The following are expressly included within such term: marble
machines, marble table machines, marble shooting machines, miniature
racetrack machines, miniature football machines, miniature golf machines,
miniature bowling machines, electronic video games, and all other
coin-operated gaming machines which dispense or afford skill or pleasure.
Any person owning or having the care, control, management
or possession of any coin-operated gaming machine in the City.
All machines or devices which dispense services or merchandise
only and are not for skill or pleasure.
[Ord. No. 400, art. 15, 9-18-1984]
Any person violating any of the provisions of this article shall, upon conviction, be punished as provided in Section 1-7.
[Ord. No. 400, art. 12, 9-18-1984]
No skill or pleasure coin-operated gaming machines shall be
permitted to be placed in a building within 300 feet of any church
or school building in this City.
[Ord. No. 400, art. 13, 9-18-1984]
A permittee under this article shall at all times during which
the premises are open to the public have someone 21 years of age or
older on duty for purposes of supervision.
[Ord. No. 400, art. 14, 9-18-1984]
The premises in which coin-operated gaming machines are located
shall conform to all building codes and fire prevention codes of the
City and the fire marshal of the City and his assistants and the building
inspector may enter into the premises where such machines are located
at any time during normal business hours for the purpose of inspecting
the premises for fire hazards. All law enforcement personnel of the
City shall have the right to enter into the premises at any time during
normal business hours for the purpose of enforcement of the terms
of this article or for inspection.
[Ord. No. 400, art. 16, 9-18-1984]
Nothing herein shall be construed or have the effect to license,
permit, authorize or legalize any machine, device, table or coin-operated
gaming machine, the keeping, exhibition, operation, display or maintenance
of which is now illegal or in violation of any ordinance of the City
or the state statutes.
[Ord. No. 400, art. 10, 9-18-1984; Ord. No. 783, § 1, 10-7-2003]
(a)
A permittee under this article shall not permit any of the following
activities within the permitted premises:
(1)
The sale, purchase, possession or consumption of any alcoholic
beverages, or controlled substances, as the same are defined by state
statute, unless the premises is licensed under the provisions of the
statute and the ordinances of the City for the sale, purchase, possession
or consumption of alcoholic beverages;
(2)
The operation of any coin-operated gaming machine by a person
under the age of 17 years of age except between the hours of 9:00
a.m. and 10:30 p.m. on Monday, Tuesday, Wednesday and Thursday; and
between the hours of 9:00 a.m. and 11:30 p.m. on Friday and Saturday;
and between the hours of 11:00 a.m. and 10:30 p.m. on Sunday.
(3)
The operation of any coin-operated gaming machine by any person
17 years of age or older after 11:00 p.m. on Sunday, Monday, Tuesday,
Wednesday or Thursday: or after the hour of 12:00 midnight on Friday
or Saturday: or prior to the hour of 11:00 a.m. on Sunday.
(4)
Any gambling, wagering, disorderly conduct or any other acts
which may be in violation of state statutes or City ordinances.
[Ord. No. 400, art. 2, 9-18-1984]
(a)
No person shall maintain, display for public patronage or otherwise
keep for operation by the public any coin-operated gaming machine
without first obtaining a permit issued under the terms and conditions
of this division.
(b)
No permit is required for an individual to own, maintain or offer
for use to the public any service coin-operated machine.
(c)
No permit is required for an individual to own or maintain a coin-operated
gaming machine in the home of the individual, which coin-operated
gaming machine is used exclusively by guests of the individual.
[Ord. No. 400, art. 3, 9-18-1984]
(a)
A permit issued under this article:
(1)
Is an annual license.
(2)
Is effective for a single place of business only.
(3)
Vests no property right in the permittee except to maintain,
display for public pa-tronage and permit the use of skill or pleasure
of coin-operated gaming machines in accordance with the terms and
conditions of this article.
[Ord. No. 400, art. 6, 9-18-1984]
(a)
An applicant for a permit under the provisions of this division shall
file with the City Clerk a written application on a form provided
for the purpose which shall be signed by the applicant, who shall
be the owner of the business sought to be licensed. A separate application
must be filed for each location sought to be permitted. The following
information is required in the application:
(1)
Name, address and telephone number of the applicant, including
the trade name by which the applicant does business and the street
address of the premises, and if incorporated, the name registered
with the secretary of state;
(2)
Name, address and telephone number of the operator of the premises
to be permitted;
(3)
Whether a previous license of the applicant, or if applicable,
the corporate officer of the applicant, has been revoked within two
years of filing the application; and
(4)
A statement that all the facts contained in the application
are true.
[Ord. No. 400, art. 4, 9-18-1984]
Every owner who owns, controls, possesses, exhibits, displays
or who permits to be exhibited or displayed in this City three or
more coin-operated gaming machines shall pay for and is hereby levied
an annual permit fee of $50.
[Ord. No. 400, art. 5, 9-18-1984]
A permit issued under this division shall be displayed at or
near the entrance of the business premises, and such display shall
be permanent and conspicuous.
[Ord. No. 400, art. 7, 9-18-1984]
(a)
The City shall refuse to approve issuance or renewal of a permit
for one or more of the following reasons:
(1)
A false statement as to a material matter made in an application
for a permit;
(2)
Revocation of a permit, pursuant to this division, of the applicant
or corporate officer of the applicant within two years preceding the
filing of the application;
(3)
The applicant for such license has, within the past 10 years,
been convicted of a crime involving moral turpitude.
[Ord. No. 400, art. 8, 9-18-1984]
The City shall not issue or renew a permit under this division
and shall suspend or cancel a permit if it is determined that the
applicant or permittee is indebted to the City for any fees, costs,
penalties or delinquent taxes.
[Ord. No. 400, art. 9, 9-18-1984]
A permit issued under the provisions of this division shall
not be assigned or transferable.
[Ord. No. 400, art. 11, 9-18-1984]
If any person who owns, operates, exhibits or displays any coin-operated
gaming machine in the City shall violate any provision of this division,
the City shall have the power and authority to cancel or suspend all
permits issued hereunder to such person by giving written notice,
stating the reason justifying such cancellation, and the same shall
be cancelled or suspended 10 days from the date of such notice. No
permit shall be issued within a period of one year to anyone whose
permit has been cancelled, except at the discretion of the City. If
the permit of a person owning, operating or displaying coin-operated
gaming machines in this City is cancelled or suspended, such person
shall not operate, display or permit to be operated or displayed such
machines until the new permit is granted or the suspension terminated.
