A.
It is
unlawful for any person to pay any award in cash on the results of
the operation of any marble game, pin table, amusement machine or
other coin or token-operated device.
B.
Nothing
in this section shall prohibit the operation of a coin or token-operated
game or device designed and manufactured for bona fide amusement purposes
which may by application of skill entitle the player to immediate
merchandise, replay of the game or device at no additional cost or
receive a check, slug, token or ticket which may later be redeemed
for merchandise.
C.
The
value of merchandise made available to players shall not have a wholesale
value greater than 15 times the value of play.
D.
The
number of redemption tickets or points required to obtain merchandise
shall be clearly posted.
E.
The
owner of any establishment where the operation of coin or token-operated
games or devices occurs is the responsible party and shall maintain
compliance with this section.
(Prior code §15.1; Ord. 4833, 1993)
It is unlawful for any person to engage in selling, renting, leasing, placing for operation, displaying for public patronage or attempting to sell, rent, lease, place for operation or display for public patronage any coin-operated machine (hereafter "machine"), other than a newsrack as defined in Chapter 5.66 of this code, at any place in the City, other than placing at his or her own place of business, without obtaining a permit as provided in this chapter.
(Prior code Sec. 15.6; Ord.
3135 Sec. 2, 1966; Ord. 4513, 1988; Ord. 4536, 1988)
The application for the permit required by Section 5.64.060 shall contain the following information:
A.
The
name and address of the applicant.
B.
The
name and address of the individual applicant, his or her age, date
and place of birth, and the same information for the manager and principal
owner of firm, corporation and association applicants.
C.
Prior
convictions of the applicant, their managers and principal owner,
if any.
(Prior code §15.7; Ord. 3135 §2, 1966)
The application for a permit required by this chapter shall
be in writing and shall be referred to the Chief of Police. The Chief
of Police shall ascertain if the applicant is of good moral character,
and either approve or disapprove the application.
(Prior code §15.8; Ord. 3135 §2, 1966)
The permittee shall furnish a list of all machines and their
locations where used, sold, leased, rented or placed and shall keep
the list up to date quarterly.
(Prior code §15.9; Ord. 3135 §2, 1966)
No permit required by this chapter shall be issued to any applicant,
unless he or she shall be over 21 years of age.
(Prior code §15.10; Ord. 3135 §2, 1966)
No permit required by this chapter shall be issued to any applicant
unless the approval of the Chief of Police is obtained. If the Chief
of Police approves the application, the Tax and Permit Inspector shall
issue a permit provided that all applicable permit fees have been
paid. In case of refusal to issue a permit, the applicant may appeal
to the City Council within 10 days after written notice of denial
is deposited in the mail. The Council shall hear the matter after
notice to the Tax and Permit Inspector and the applicant and the decision
of the Council shall be final.
(Prior code §15.11; Ord. 3135 §2, 1966)
A.
Every
permit granted under the provisions of this chapter is subject to
the right of revocation, which is hereby expressly reserved, for any
of the following:
1.
A
material misrepresentation or omission in the application;
2.
Use
of any machine contrary to this chapter, any ordinances of the City,
or any of the laws of the State of the United States;
3.
Conviction
of the permittee, its manager or principal owner of a felony;
4.
Failure
to repair or service a machine or device within a reasonable time.
(Prior code §15.12; Ord. 3135 §2, 1966; Ord. 5136, 1999)
Each permittee shall place in a conspicuous manner upon every
machine under his or her control a sticker furnished by the Tax and
Permit Inspector, which sticker shall indicate that applicable permit
fees have been paid.
(Prior code §15.13; Ord. 3135 §2, 1966)
If any of the coin-operated machines, devices or games be maintained in any commercial or public place in the City without having a sticker as required by Section 5.64.130 displayed, they shall be subject to seizure by any member of the Police Department or by the Chief Tax and Permit Inspector, which machines shall be redeemable only by the true owner, within a period of not exceeding 60 days, upon the payment of a reasonable charge for the safe keeping of the machines or games, together with all applicable permit fees plus any penalties which may be applicable.
(Prior code §15.14; Ord. 3135 §2, 1966)
If the true owner cannot be found after reasonable inquiry,
or if the owner fails to redeem, then the machine may be confiscated
and sold by the Tax and Permit Inspector at the end of the 60 day
period, after notice by registered mail to the last known address,
if any, of the owner, and the sole proceeds shall go to the General
Fund of the City.
(Prior code §15.15; Ord. 3135 §2, 1966)
