For the purpose of this article, the following definitions will
apply:
Any amusement machine or device operated by means of the
insertion of a coin, token, or similar object, for the purpose of
amusement or skill and for the playing of which a fee is charged.
The term does not include vending machines in which are not incorporated
gaming or amusement features, nor does the term include any coin-operated
mechanical musical devices.
Any amusement establishment, office, store, restaurant, or
business establishment which is designed for the purposes of carrying
on any trade, profession, or business.
Any person, firm, corporation, partnership, or association
located within the city who sets up for operation by another or leases
or distributes for the purpose of operation by another, any coin-operated
amusement device as herein defined, whether such setting up for operation,
leasing, or distributing be for a fixed charge or rental or on the
basis of a division of the income derived from such device or otherwise.
Any person, firm, corporation, partnership, association,
or club who, as the owner, lessee, or proprietor, has under his or
its control any commercial establishment, place, or premises in or
at which such device is placed or kept for use or play, or on exhibition
for the purpose of use or play.
(1996 Code, sec. 4.201)
No person, firm or corporation operating or being the proprietor
of a commercial establishment shall engage in the business of an operator
or proprietor of coin-operated amusement devices, as the terms are
herein defined, without first having obtained the proper license or
permit therefor.
(1996 Code, sec. 4.202)
The license fee for each operator shall be as provided for in the fee schedule found in appendix A to this code. All operator’s license fees shall be payable annually in advance, provided, that where application is made after the expiration of any portion of any year a license may be issued for the remainder thereof upon payment of a proportionate part of the annual fee. In no case shall any portion of said license fee be refunded to the permittee.
(1996 Code, sec. 4.203)
The permit fee for each device as herein defined shall be for the maximum amount allowed by state law as provided for in the fee schedule found in appendix A to this code. All device permit fees shall be payable annually in advance, provided that where application is made after the expiration of any portion of any permit year a permit may be issued for the remainder thereof upon payment of a proportionate part of the annual fee. In no case shall any portion of said permit fee be repaid to the permittee.
(1996 Code, sec. 4.204)
(a)
Application
for license or permit hereunder shall be filed in writing with the
city, on a form to be provided by the city, and shall specify:
(1)
The name and address of the applicant, and if a firm, corporation,
partnership, or association, the principal officers thereof and their
addresses.
(2)
The address of the premises where the licensed devices are to be
operated, together with the character of the business as carried on
at such place.
(3)
The trade name and general description of the device or devices to
be permitted, the name of the manufacturer and the serial number,
and, if the applicant is a proprietor, the number of devices to be
permitted.
(4)
The name and address of the operator of the device or devices, if
other than the proprietor.
(b)
The
proper fee shall accompany such application. All licenses and permits
under this article shall expire on December 31st following their issuance.
The operator’s license shall be posted in a conspicuous place
in the establishment of the licensee. The device permit shall be posted
on the device in a conspicuous place. Such permits shall be nonassignable
and nontransferable, and in case of a proprietor or owner shall apply
only to the premises for which such permit is issued.
(1996 Code, sec. 4.205)
No person shall gamble, wager, or bet on the outcome of any
activity engaged in on the premises of a commercial establishment,
nor shall any operator, employee, owner and/or license holder permit
any such gamble, wager, or bet to be conducted on said premises.
(1996 Code, sec. 4.206)
No operator, owner, manager, or employee of a commercial establishment
shall knowingly or recklessly permit a patron who has not yet attained
his nineteenth (19th) birthdate to remain on the premises when said
premises has been licensed by the state alcoholic beverage commission
to sell or dispense alcoholic beverages unless accompanied by his
parent or legal guardian.
(1996 Code, sec. 4.207)
No operator, owner, manager, or employee of a commercial establishment
shall, knowingly or recklessly, permit any person to illegally possess,
use, or sell any drugs or controlled substances on the premises.
(1996 Code, sec. 4.208)
No permit shall be issued hereunder nor be renewed to any commercial
establishment located within three hundred feet (300') of any school,
public or private, church, or any hospital, home for the aged or infirmed,
or funeral parlor.
(1996 Code, sec. 4.209)
Any proprietor purchasing a device or devices after the effective
date of this article shall file with the city evidence of ownership
thereof before exhibition or placing said device or devices for use
or play.
(1996 Code, sec. 4.210)
