[2-8-2007 by Ord. 7816; 10-12-2017 by Ord.
8246; 11-9-2021 by Ord. No. 8379]
A business day that the City Building is in operation.
Each machine, table, or point of access to a game or other
form of amusement to include each computer terminal. If wireless computer
access is allowed, it shall be based on the maximum occupancy capacity
of the building by the local codes or NFPA standards.
A person or entity who owns and provides for the use of himself or another a gaming table or device or other amusement device set forth in § 321.03(b) of this article.
An electronic, computerized, or mechanical contrivance, terminal,
machine, or other device that requires the insertion or scanning of
a coin, access device, currency, ticket, token, or similar object
to operate, activate, or play a game, the outcome of which is determined
by any element of skill of the player and that may deliver or entitle
the person playing or operating the device to receive cash; cash equivalents,
gift cards, vouchers, billets, tickets, tokens, or electronic credits
to be exchanged for cash; merchandise; or anything of value whether
the payoff is made automatically from the device or manually.
An Official Marking issued only by the City Treasurer to
display that a License has been obtained. The Sticker remains property
of the City.
A person or entity for whom a Vendor provides a gaming table and device or other amusement device set forth in § 321.03(b) of this article.
A person or entity who provides for the use of another a gaming table and device or other amusement device set forth in § 321.03(b) of this article.
[Ord. 8246, adopted 10-12-2017]
No Vendor, Vendee, or Owner shall provide for the use of another, have, maintain, or operate within the City any gaming table and device or other amusement device set forth in § 321.03(b) of this article which depends to any extent in its operation upon chance, or which may be used as a gaming table and device or other amusement device, including devices that are part of a computer system or internet accessed to place such games of chance, without first having applied from the City Treasurer a license to do so, and having paid the license fee herein established to cover the cost of the administration of this article.
[10-12-2017 by Ord. 8246; 11-9-2021 by Ord. No. 8379]
(a)
Any Vendor, Vendee, or Owner who desires to provide for the use of themselves or another within the City any gaming table and device or other amusement device set forth in § 321.03(b) of this article which is not prohibited by law, shall make application to the City Treasurer for a license.
(b)
Upon the recommendation of the Police Chief, or his designee, the
City Treasurer shall forthwith issue a license, provided the Vendor
or Owner first pays to the City Treasurer a license fee in accordance
with the following schedule.
|
Type of Gaming Table and Device and Other Amusement Devices
|
Fee
|
|---|---|
|
All pinball machines and darts
|
$100
|
|
Coin-operated billiard tables
|
$100
|
|
Shuffleboards or bowling machines
|
$100
|
|
Pocket billiards or billiards
|
$50
|
|
Video type games
|
$200
|
|
Pull tab or ticket dispensing machine
|
$200
|
|
Jukebox or similar device
|
$50
|
|
Computer terminal for gaming or entertainment
|
$200
|
|
Skill gaming terminal
|
$500
|
|
Wireless access per each occupant based on maximum capacity
|
$200
|
|
Replacement sticker
|
$10
|
|
Removal fee per device
|
$250
|
|
Storage fee per day
|
$25
|
|
Devices not fitting any of the above categories
|
$200
|
(c)
All applications and fees are due on January 1 of each year and must
be submitted and paid before January 1 of each year, for each gaming
table and device or other amusement device which has been provided.
Any Vendor, Vendee, or Owner who provides such device during the calendar
year make application for such license with the City Treasurer prior
to placement. The application shall require the Vendor, Vendee, or
Owner to disclose and provide the lawful name and address of the Vendor
and the proposed Vendee, the expected date of delivery to the Vendee
of such device and any other information required by the City Treasurer.
Regardless of when a device is provided during the year, the license
fee shall be as shown above.
(d)
Any license application or fee that is received on or after January
1st, shall be assessed a late fee of $25 per License per month assessed
on the first day of each month. If the fee is not paid by March 1st,
the late fee is $100 per month assessed on the first day of each month
and is subject to removal under 321.07. Any machine not paid for by
May 1st will be removed under 321.07.
(e)
All licensed gaming and amusement devices requiring repair where
stickers must be removed or which require replacement, shall be affixed
with a replacement sticker at the cost of $10.
[Ord. 8246, adopted 10-12-2017]
Upon issuance of any gaming license herein required, the City
Treasurer shall issue a sticker or other identifying mark, showing
the issuance of such license and the date thereof and such sticker
or identifying mark shall at all times be attached or affixed by the
Chief of Police, or his designee, to the gaming table and device or
other amusement device on the glass covering or upon the upper exposed
part of such gaming table and device or other amusement device. Failure
to so display such sticker or identifying mark shall be a violation
of this article. Upon application, a new sticker shall be issued to
the Vendor or Owner each year. All Vendees, Vendors, or Owners shall
immediately report the delivery of any gaming table or device or other
amusement device that does not have affixed to it the sticker(s) required
by 321.04 of this article. No vendee shall allow the use of any Gaming
Table or Device and Other Amusement Devices without first having a
licensed affixed.
The Police Chief, or his designee, shall be required to investigate
the applicant and the location where such gaming table and device
or other amusement device is to be maintained, and determine whether
the location used for the purpose requested will create a fire or
health hazard or nuisance before affixing the License. The location
must be able to be supervised by the employees of the location to
avoid the use by minors. If the location creates any such issue or
does not meet these requirements, the License shall be denied and
monies returned to the applicant.
All Vendor or Owners shall immediately report the repair or
replacement of any gaming and amusement device to the City Treasurer
and pay the fee for the required replacement sticker. Any gaming table
and device or other amusement device without a current sticker displayed
shall be a violation of this article.
[Ord. 7289, adopted 12-26-1996]
No Vendor or Vendee shall permit or allow any person under 21
years of age to operate or play any gaming table or gaming device.
[Ord. 8246, adopted 10-12-2017]
The Vendor or Owner of a gaming table and device or other amusement
device shall affix a sticker or plate, or by other identifying means,
their full legal name and address to the upper front of the device
or table. This identification shall remain current at all times as
to the legal name and address of contact. The Vendor or Owner of a
gaming table and device or other amusement device shall immediately
notify the City Treasurer if there is a change of ownership of the
device or table or if there is a change of their full legal name,
address, or telephone number.
[Ord. 8246, adopted 10-12-2017]
The Vendee shall remove from their premises any gaming table
and device or other amusement device that is unidentified as in 321.06,
or does not display a current license as in 321.02, five days after
being notified by the Chief of Police or his designee. Failure to
remove the gaming table and device or other amusement device shall
be a violation of this article by the Vendee. Each subsequent day
the gaming table and device or other amusement device remains shall
be an additional violation.
Any gaming table and device or other amusement device may be
confiscated by the Chief of Police, or his designee, anytime that
the gaming table and device or other amusement device is found to
be unlicensed or unidentified and held as property of the City until
said time that the Vendee, Owner or Vendor is compliant with this
article and all associated fees and fines are paid.
The Owner or Vendor may claim said property after all associated
fees and fines are paid in relation to the conditions it was removed
including the Removal fee and Storage fees.
Any confiscated gaming table and device or other amusement device
may be discarded or sold after it remains 90 days in the City's control
and possession.
[Ord. 8246, adopted 10-12-2017]
Any Owner, Vendor, or Vendee, or their employees, shall allow
immediate access to their premise by the Chief of Police, or his designee,
upon request to inspect for compliance of this article, to affix stickers
to the devices or tables, and shall accurately provide any information
requested during the time of the inspection. Providing false or misleading
information, or to deny or delay entry to the premise is a violation
of this article and further shall result in denial of licensure of
any device or table at the premise for a period of 1 year.
[Ord. 8246, adopted 10-12-2017]
Any Owner, Vendor, or Vendee that fails to comply with this
article may have the License(s) revoked for all or any gaming table(s)
and device(s) or other amusement device(s) that are located at a premise,
or owned by the Owner or Vendor at the discretion of the Chief of
Police or his designee. If a License(s) is revoked, The Chief of Police,
or his designee will remove the license(s) immediately from the gaming
table and device or other amusement device and provide Notification
to the Owner or Vendor and Vendee. The use of the gaming table and
device or other amusement device shall cease immediately. After Notification
of the Revocation of License, the gaming table and device or other
amusement device must be removed from the premise within 24 hours
or it shall be confiscated by the Chief of Police or his designee
as an unlicensed device in 321.07 without the five day waiting period.
[Ord. 7289, adopted 12-26-1996]
Any person who violates any provision of this article shall be punished as provided in Section 101.99 of the Administrative Code.
