[R.O. 2008 § 620.010; R.O. 2004 § 620.010; Ord. No. 714 § 1, 1-16-1992]
As used in this Chapter, unless the context otherwise indicates, the following terms shall have these prescribed meanings:
JUKEBOX
Any music vending machine, contrivance or device which, upon the insertion of a coin, slug, token, plate, disc or key into any slot, crevice or other opening, or by the payment of any price, operates or may be operated for the emission of songs, music or similar amusement.
MECHANICAL AMUSEMENT DEVICE
Any machine or device which, upon the insertion of a coin, slug, token, plate or disc, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score. It shall include such devices as marble machines, pinball operations, skill ball, mechanical grab machines and all games, operations or transactions similar thereto under whatever name they may be indicated.
PERSON, FIRM, CORPORATION or ASSOCIATION
As used herein shall include the following: Any person, firm, corporation or association which owns any such machine; the person, firm, corporation or association in whose place of business any such machine is placed for use by the public; and the person, firm, corporation or association enumerated herein shall be deemed compliance with this Section.
VENDING MACHINE
Any automatic vending machine used for the sale of any product and controlled by the insertion of a coin or coins. It shall not include machines or devices used solely for raising funds for a non-profit purpose.
[R.O. 2008 § 620.020; R.O. 2004 § 620.020; Ord. No. 714 § 2, 1-16-1992]
Nothing in this Chapter shall in any way be construed to authorize, license or permit any gambling devices whatsoever, or any mechanism that has been judicially determined to be a gambling device, or in any way contrary to law, or that may be contrary to any future laws of the State of Missouri.
[R.O. 2008 § 620.030; R.O. 2004 § 620.030; Ord. No. 714 § 3, 1-16-1992]
Any person, firm, corporation or association displaying for public patronage or keeping for operation any vending machine, jukebox or mechanical amusement device as herein defined by Section 655.010 shall be required to obtain a license from the City of Pevely, Missouri, upon payment of a license fee. Application for such license shall be made to the City Clerk upon a form to be supplied by the City Clerk for that purpose.
[R.O. 2008 § 620.040; R.O. 2004 § 620.040; Ord. No. 714 § 4, 1-16-1992]
A. 
The application for such license shall contain the following information:
1. 
Name and address of the applicant, age, date and place of birth.
2. 
Prior convictions of applicant, if any.
3. 
Place where machine or device is to be displayed or operated and the business conducted at that place.
4. 
Description of machine to be covered by the license, mechanical features, name of manufacturer, serial number.
B. 
No license shall be issued to any applicant unless he/she shall be over twenty-one (21) years of age and a citizen of the United States.
[R.O. 2008 § 620.050; R.O. 2004 § 620.050; Ord. No. 714 § 5, 1-16-1992]
A. 
Application for license shall be made out in duplicate, one (1) copy being referred to the Chief of Police and the other copy to the City of Pevely Building Inspector.
1. 
The Chief of Police shall investigate the location wherein it is proposed to operate such machine, ascertain if the applicant is a person of good moral character, and either approve or disapprove the application.
2. 
The City Building Inspector shall inspect all wiring connections to the machine, determine if the same complies with the Electrical Code of the City of Pevely, Missouri, and shall either approve or disapprove the application.
3. 
No license shall be issued to any applicant who is not a person of good moral character, nor shall any license be issued if the wiring connections to the devices fail to comply with the Electrical Code of the City of Pevely, Missouri.
[R.O. 2008 § 620.060; R.O. 2004 § 620.060; Ord. No. 714 § 6, 1-16-1992]
A. 
Every applicant, before being granted a license, shall pay an annual license fee for the privilege of operating or maintaining for operation each vending machine, jukebox or mechanical amusement device as defined in Section 655.010.
1. 
Vending machines: fee in accordance with the fee schedule kept in the office of the Building Official.
2. 
Jukeboxes: fee in accordance with the fee schedule kept in the office of the Building Official.
3. 
Mechanical amusement devices: fee in accordance with the fee schedule kept in the office of the Building Official.
B. 
Each license shall expire one (1) year from the date of issuance. The funds obtained from this licensing requirement shall be allocated solely to street improvements within the City of Pevely.
[R.O. 2008 § 620.070; R.O. 2004 § 620.070; Ord. No. 714 § 7, 1-16-1992]
A. 
The license or licenses herein provided for shall be posted permanently and conspicuously at the location of the machine in the premises wherein the device is to be operated or maintained to be operated.
B. 
Such licenses may be transferred from one machine or device to another similar machine upon application to the City Clerk to such effect and the giving of a description and the serial number of the new machine or device. Not more than one (1) machine shall be operated under one (1) license and the applicant or licensee shall be required to secure a license for each and every machine displayed or operated by him/her.
C. 
If the licensee shall move his/her place of business to another location within the City of Pevely, Missouri, the license may be transferred to such new location upon application to the City Clerk, giving the street and number of the new location. The new location shall be approved by the Chief of Police and the City Building Inspector in the same manner as provided in Section 655.050 of this Chapter.
[R.O. 2008 § 620.080; R.O. 2004 § 620.080; Ord. No. 714 § 8, 1-16-1992]
A. 
No person, firm, corporation or association holding a license under this Chapter shall permit persons under eighteen (18) years of age to operate any cigarette vending machine.
1. 
The owner of an establishment at which tobacco products or rolling papers are sold at retail or through vending machines shall cause to be prominently displayed in a conspicuous place at every display from which tobacco products are sold and on every vending machine where tobacco products are purchased a sign that shall:
a. 
Contain in red lettering at least one-half (1/2) inch high on a white background the following: IT IS A VIOLATION OF STATE LAW FOR CIGARETTES OR OTHER TOBACCO PRODUCTS TO BE SOLD TO ANY PERSON UNDER AGE OF EIGHTEEN (18); and
b. 
Include a depiction of a pack of cigarettes at least two (2) inches high defaced by a red diagonal diameter of a surrounding red circle, and the words UNDER 18.
B. 
No person, firm, corporation or association holding a license under this Chapter shall permit the playing of jukeboxes, as defined in Section 655.010, between the hours of 1:00 a.m. and 6:00 a.m. of any day.
C. 
No person, firm, corporation or association shall permit the playing of jukeboxes or mechanical amusement devices within six hundred (600) feet of any church, public or parochial school or playground.
[R.O. 2008 § 620.090; R.O. 2004 § 620.090; Ord. No. 714 § 9, 1-16-1992]
Every license issued under this Chapter is subject to the right, which is hereby expressly reserved, to revoke the same should the licensee, directly or indirectly, permit the operation of any cigarette vending machine, jukebox or mechanical amusement device contrary to the provisions of this Chapter, the ordinances of the City of Pevely, or the law of the State of Missouri. Said license may be revoked by the Board of Aldermen after written notice to the licensee, which notice shall specify the ordinance or law violations with which the licensee is charged, if after a hearing the licensee is found to be guilty of such violations. Ten (10) days' notice of the hearing shall be given the licensee. At such hearing the licensee and his/her attorney may present and submit evidence of witnesses in his/her defense.