For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows:
"Applicant"
shall mean any person required by the provisions of this article to sign an application.
"Mechanical amusement device"
shall mean any machine, device, or contrivance which is permitted to function by the insertion of a coin, slug, token, plate, or disc, and which device is operated for amusement only and does not dispense any form of payoff, prize, or reward other than affording the opportunity of additional changes or free plays. "Mechanical amusement device" shall not include or apply to vending machines, shooting galleries, weighing machines, pony rides, automatic or coin-operated music boxes, radios, television sets, jukeboxes, photograph and motion picture machines, or any similar devices or operations.
"Person"
shall include any person, firm, corporation, or association which owns any mechanical amusement device; any person, firm, corporation, or association in whose place of business any such device is placed for use by the public; and any person, firm, corporation, or association having control over, or who sells, leases, licenses, or rents such device; provided, however, the payment of the fees provided in this article by any person, firm, corporation, or association set forth in this section shall be deemed a compliance with the provisions of this chapter.
(§ I, Ord. 1355, as amended by Ord. 1358, and § 1, Ord. 249-NS, eff. December 5, 1979)
It shall be unlawful for any person to sell, lend, lease, license, rent, or let on shares, or offer to do so, any mechanical amusement device to another person who intends to, or does, or offers to permit the public to use any mechanical amusement device in the City without first applying for and receiving from the Director of Finance a general permit and paying the minimum annual license tax to the Director of Finance. The procurement of such permit in the manner provided in this article shall be a condition precedent to the issuance of a license by the Director of Finance.
(§ III, Ord. 1355, as amended by § 1 (a), Urgency Ord. 307-NS, eff. March 15, 1982, and § 2 (115), Ord. 624-NS, eff. Dec. 15, 1999)
The application for a general permit to engage in the business of displaying for public patronage any mechanical amusement device on any premises in the City shall be in writing and in duplicate, signed by the applicant, and verified under oath and shall contain or be accompanied by the following:
(a) 
If the applicant is an individual;
(1) 
The full name of the applicant;
(2) 
The sex of the applicant;
(3) 
The date and place of birth of the applicant;
(4) 
The residence address, business address, and telephone number of the applicant; and
(5) 
The signatures of the applicant and the person having the management or supervision of the business of the applicant;
(b) 
If the applicant is a corporation:
(1) 
The full and accurate name of the corporation;
(2) 
The date and state of incorporation;
(3) 
The names and residences of all stockholders, directors, and officers;
(4) 
The address of the place of business;
(5) 
If a foreign corporation, the name, residence address, and business address of the local representative upon whom all notices and court processes may be served; and
(6) 
The signatures of the president or vice-president and secretary of the corporation and the manager of the business;
(c) 
If the applicant is a partnership, joint venture, or unincorporated association:
(1) 
The information required in subsection (a) of this section for such persons;
(2) 
The name under which the business is to be conducted; and
(3) 
The signatures of each partner or member of the joint venture or association and of the person having the management or supervision of the business of the applicant;
(d) 
The locations or places of business and residence for the past two years;
(e) 
Any prior convictions of crimes, misdemeanors, or violations of laws, the nature, place, and date of such offenses, and the punishment assessed therefor;
(f) 
The experience the applicant has had in the business or occupation for which the permit and license are sought;
(g) 
Financial and other information which will establish beyond a doubt the financial standing and ability of the applicant to conduct such business;
(h) 
Whether any person other than the applicant has a direct or indirect interest in the business for which the permit and license are sought;
(i) 
Affidavits of the good moral character and financial responsibility of the applicant by three reputable citizens of the County, who have known the applicant personally and have observed his or her conduct frequently during the tax period next preceding the date of the application;
(j) 
Whether any city or licensing authority has ever refused to issue or renew a license or has revoked a license for the conduct of the business for which the permit and license are sought, together with a full and accurate statement of the reasons for any such refusal or revocation;
(k) 
The fingerprints of each person signing the application;
(l) 
The name and address of the person to whom the notices provided for in this article may be given; and
(m) 
Such other information as the Police Chief may deem reasonably necessary for the protection of the public safety and the morals and general welfare of the community.
(§ III, Ord. 1355, as amended by § 2, Ord. 415-NS, eff. January 1, 1987, and § 2 (11), Ord. 624-NS, eff. Dec. 15, 1999)
The application for a general permit to engage in the business of displaying for public patronage any mechanical amusement device shall be accompanied by a fee in the amount of $250 and an additional fee in the amount of $50 for each additional signatory to the application if there shall be more than one signature. In the event a business which has a general permit is discontinued for six months or more, then a general permit shall be obtained when such business is again opened.
(§ III, Ord. 1355, as amended by § 2, Ord. 304-NS, eff. March 18, 1982, and § 1 (a), Urgency Ord. 376-NS, eff. January 28, 1985)
Such application shall be filed in duplicate with the Police Chief who shall cause the investigation provided for in this section to be made within a reasonable time. The general standards set forth in this section relative to the qualifications of every applicant for such permit shall be considered and applied by the Police Chief before he or she shall grant or deny the application. The applicant shall:
(a) 
Repealed;
(b) 
Be of good moral character, and, in this connection, the Police Chief shall ascertain and consider the following:
(1) 
Through the use of fingerprints or other methods of investigation, all penal convictions, the reasons therefor, and the demeanor of the applicant subsequent thereto;
(2) 
The license history of the applicant and whether such person, in previously operating in this or another state under a license, has had such license revoked or suspended, the reasons therefor, and the demeanor of the applicant subsequent thereto;
(3) 
Whether the applicant has made a full disclosure of all the matters required to be set forth in the application;
(4) 
Whether the applicant is financially responsible and whether he or she has been in default in the payment of license taxes to any governmental agency;
(5) 
Whether the granting of the permit will or will not be detrimental to the safety, public morals, or general welfare of the City; and
(6) 
Such other facts relevant to the general personal history of the applicant as the Police Chief shall find necessary to a fair determination of the eligibility of the applicant.
(§ III, Ord. 1355, as amended by § 1, Ord. 624-NS, eff. Dec. 15, 1999)
The findings of the Police Chief after such investigation shall be endorsed on each of such applications and indicated by the words "granted" or "denied", and one of such applications shall be filed with the Director of Finance. If the application is denied, the Police Chief shall give notice of such action to the applicant and the reasons for the denial.
(§ III, Ord. 1355, as amended by § 2 (115), Ord. 624-NS, eff. Dec. 15, 1999)
In the event the application for a general permit is approved by the Police Chief, and the applicant thereupon or subsequently desires to place such mechanical amusement device in a place of business for use by the public, the procurement of a location permit for each device shall be a further condition precedent to the issuance of a license by the Director of Finance.
(§ III, Ord. 1355)
The application for a location permit shall be in writing and in duplicate, signed by each applicant, verified under oath, and shall be filed with the Police Chief and contain the following information:
(a) 
A description of the device to be licensed and the mechanical features, name of the manufacturer, and serial number of such device; and
(b) 
The place where such device is to be displayed or operated, the business conducted at such place, the owner of such business, and the basis for the operation of the device.
(§ III, Ord. 1355)
The Police Chief, within a reasonable time, shall investigate the proposed location. Before issuing such permit, he or she shall take into consideration all the facts he or she may deem pertinent and proper and shall find as follows:
(a) 
That the granting of such permit will not be detrimental to the safety, public morals, or general welfare of the City; and
(b) 
That the granting of such permit will not be detrimental to other businesses located adjacent to or in the general vicinity of the proposed location.
(§ III, Ord. 1355, as amended by § 3, Ord. 304-NS, eff. March 18, 1982)
The findings of the Police Chief after such investigation shall be endorsed on each of such applications and indicated by the words "granted" or "denied." One of such applications shall be filed with the Director of Finance. If the application is denied, the Police Chief shall give notice of such action to the applicant and the reasons therefor.
(§ III, Ord. 1355, as amended by § 2 (115), Ord. 624-NS, eff. Dec. 15, 1999)
It shall be unlawful for any employee of the City to disclose to any person the information contained in an application or procured by the Police Chief in connection therewith, unless such disclosure is made necessary by order of the Council, or for use by law enforcement agencies, or for the proper administration of the provisions of this article.
(§ XII, Ord. 1355)
The annual permit fee for the operation or maintenance of each mechanical amusement device shall be the fee established by resolution adopted by the Council. The permit fee established by such resolution shall not be effective until the resolution has been published at least one time not less than 10 days prior to the effective date of the fee; provided, however, the initial fee, until later changed by Council resolution, for each such device shall be the sum of $25 for each tax period or any portion thereof. Such fee shall not be prorated.
Every applicant, before being granted a license, shall pay to the Director of Finance an annual license tax in the amount set forth in Article 2 of this chapter for the privilege of operating or maintaining each mechanical amusement device; provided, however, any person having a valid business license shall include in his or her regular business license report the gross receipts obtained from the mechanical amusement devices, and such person shall not pay an additional per machine license tax.
(§ IV, Ord. 1355, as amended by § 1, Ord. 304-NS, eff. March 18, 1982, § 1 (b), Urgency Ord. 307-NS, eff. March 15, 1982, § 1 (b), Urgency Ord. 376-NS, eff. January 28, 1985, § 2, Ord. 415-NS, eff. January 1, 1987, and § 2 (115), Ord. 624-NS, eff. Dec. 15, 1999)
The annual permit fee shall be due and payable at the same time as business license taxes. The regular business license tax shall be paid in addition to the annual permit fee.
(§ VII, Ord. 1355, as amended by § 1, Ord. 304-NS, eff. March 18, 1982)
The permits issued pursuant to this article shall be posted permanently and conspicuously at the location on the premises where the device is to be operated or maintained to be operated.
(§ 1, Ord. 304-NS, eff. March 18, 1982)
A renewal fee of $25 per year shall be paid for each device for which a permit has been issued previously. If such renewal fee is not paid by the date when business license taxes are due and payable, then a penalty of 25% for permits renewed within 30 days after the due date shall be paid in addition to the twenty-five ($25.00) dollar fee, and a penalty of 10% of the fee shall be added for each month thereafter, up to a maximum penalty of $25.
(§ 1, Ord. 304-NS, eff. March 18, 1982, as amended by § 1 (c), Ord. 376-NS, eff. January 28, 1985)
If the permittee shall fail to post the permit on the premises as provided in Section 3-1.414.1 of this article, or if no permit has been issued for a device which is operated or maintained to be operated, the Police Chief or any police officer of the City may confiscate such amusement device and cause it to be removed from the premises and stored in any place on City property designated by the Police Chief. Such amusement device shall not be returned to the person, firm, or corporation owning or being entitled to the possession of such device unless and until the following fees are paid:
(a) 
For a device having a current permit, the sum of $50, plus $5 per day storage;
(b) 
For a device which has previously had a valid permit, but which permit has not been renewed timely, the permit fee, plus penalties, plus $5 per day storage;
(c) 
For a device not previously licensed, the sum of $100, plus the permit fee when the location is approved, plus penalties, plus $5 per day storage; and
(d) 
If any device is confiscated, and the required fees, penalties, and storage fees are not paid within six months after the date the device is confiscated, such device shall be forfeited to the City and shall be disposed of as surplus City property.
(§ 1, Ord. 304-NS, eff. March 18, 1982)
If a permittee claims to be the owner of a mechanical amusement device, as distinguished from a lessee, he or she shall, upon a request made by the Director of Finance or his or her representative, furnish proof of such ownership, including any bill of sale or other transfer document. If a permittee is leasing one or more mechanical amusement devices, he or she shall advise the Director of Finance of the name and address of the lessor so that the City shall be able to determine if such lessor has the required general permit. The failure or refusal of a permittee to disclose the requested information, or the furnishing of false information, shall be grounds for revocation by the City of the permittee's permit for all mechanical amusement devices on the premises.
(§ 1 (c), Urgency Ord. 307-NS, eff. March 15, 1982, as amended by § 2 (115), Ord. 624-NS, eff. Dec. 15, 1999)
The annual permit may be used for a device which is substituted for the device for which a permit was issued originally, but no permit shall be transferable from one person, firm, or corporation to another. A permit shall be used only at the place authorized and by the permittee to whom the permit was issued.
(§ VII, Ord. 1355, as amended by § 1, Ord. 304-NS, eff. March 18, 1982)
A single permit may be issued for more than one device provided an annual permit fee of $25 is paid for each device covered by the permit.
(§ VII, Ord. 1355, as amended by § 1, Ord. 304-NS, eff. March 18, 1982, and § 1, Ord. 415-NS, eff. January 1, 1987)
No refund of any portion of the permit fees or license taxes shall be made to the applicant or licensee upon the refusal to issue any permit or upon the revocation of such permit or license. The application fees imposed by the provisions of this article shall be for the purpose of defraying the expenses of investigation and the costs of extraordinary enforcement burdens.
(§ IX, Ord. 1355)
Every permit and license issued pursuant to the provisions of this article shall be subject to the right, which is hereby expressly reserved and consented to by the applicant, to revoke the same for any of the causes set forth in this section. Any such permit or license may be summarily revoked by the Police Chief or the Council for any of the following causes:
(a) 
Any fraud, misrepresentation, or false statement contained in the application;
(b) 
Any violation of the provisions of this article or any other laws relating to the licensed business;
(c) 
The conviction of the permittee or licensee of any felony or misdemeanor involving moral turpitude;
(d) 
The refusal or failure to make available to the Police Chief or Director of Finance, upon demand, any records relating to the licensed business which records are deemed necessary for the enforcement of the provisions of this article;
(e) 
Conducting the business licensed pursuant to the provisions of this article in an unlawful manner or in such manner as is inimical to the health, safety, or general welfare of the public;
(f) 
Ascertaining that the applicant is not an individual of good moral character and business responsibility; and
(g) 
Any other good and sufficient reason.
(§ V, Ord. 1355, as amended by § 2 (115), Ord. 624-NS, eff. Dec. 15, 1999)
(a) 
Refusals and revocation of permits and licenses by Police Chief. Any applicant aggrieved by the action of the Police Chief in refusing to issue any permit or in summarily revoking any permit or license already issued shall have the right to appeal to the Council. Such appeal shall be made by filing with the City Clerk, within 10 days after the notice of such action, a verified written statement in triplicate setting forth fully the grounds of appeal, which statement shall be accompanied by a filing fee in the amount of $50, payable to the City. If no appeal is made within such 10 day period, the action of the Police Chief shall be final.
(b) 
Revocation of permits and licenses by Council. Any applicant or licensee aggrieved by the action of the Council in summarily revoking any permit or license already issued shall have the right to request a review and reconsideration of such action upon filing with the City Clerk, within 10 days after the notice of such action, a verified written statement in triplicate setting forth fully the reasons why the decision of the Council should be reconsidered and reversed, which statement should be accompanied by a filing fee in the amount of $50, payable to the City. If no statement is filed within such 10 day period, the action of the Council shall be final.
(c) 
Hearings. The Council shall set a time and place for the hearing, and a notice of such hearing on the appeal or review shall be given at least five days prior to the date of the hearing. At such hearing the applicant or licensee and his or her attorney may present and submit evidence. The decision and order of the Council at or after such hearing shall be final and conclusive.
(§ VI, Ord. 1355)
All notices issued or given in compliance with the provisions of this article shall be in writing and mailed, postage prepaid, to the person affected or entitled thereto at the address specified for such purpose in the application for a general permit. The deposit of such notice in the United States mail shall constitute legal service thereof on the date of such deposit.
(§ X, Ord. 1355)
The provisions of this article shall not be construed to authorize, license, or permit any ball or pin game or any game of chance by which it is possible to obtain a payoff, prize, or reward, other than additional free plays, or any other gambling device whatsoever, or any mechanism which has been judicially determined to be a gambling device, or is in any way contrary to law, or which may be in violation of any law of the State.
(§ II, Ord. 1355)
If the Police Chief shall have reason to believe any mechanical amusement device is being used as a gambling device, such machine may be seized by the Police Department and impounded. If, upon the trial of the exhibitor for permitting the amusement device to be used as a gambling device, such exhibitor is found guilty, such machine shall be destroyed by the Police Department.
(§ XI, Ord. 1355)
Any person violating any of the provisions of this article, in addition to the revocation of his or her license, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable as set forth in Chapter 2 of Title 1 of this Code.
(§ XIII, Ord. 1355)