As used in this chapter, the following terms shall have the following meanings:
1. 
"Amusement center"
means any place for business in which there are ten or more amusement devices for purposes of play, use or operation.
2. 
"Amusement device"
means any machine or device which provides recreation or entertainment, as a game of skill, for which a charge is made for use or play; and which is not a gambling device or a device that encourages gambling, but does not include music machines, riding devices, television, and other devices for the display of pictures or views on film; nor does it include any automatic vending machine or device used exclusively for the vending of tangible merchandise.
3. 
"Amusement device fees"
means fees to be paid to the City of Tukwila on each and every amusement device installed in any location in the City.
4. 
"Amusement device lessor"
means a person, corporation or firm who has legal title to an amusement device as defined herein, or as a purchaser or lessee is entitled to possession or control of said amusement device.
5. 
"Automatic vending machine"
means an automatic machine or device operated by coins or currency which delivers tangible merchandise upon the deposit of coins or currency.
(Ord. 1273 § 1, 1982)
A. 
It is unlawful for any person, firm or corporation to conduct or operate an amusement center in the City without first obtaining a license pursuant to the provisions of this title.
B. 
It is unlawful for an amusement device lessor to place amusement devices at any location within the City without first obtaining a business license pursuant to Chapter 5.04 of this code.
C. 
It is unlawful for any person, firm or corporation to allow any amusement device to be operated within the place of business without first obtaining a license for each machine pursuant to the provisions of this title.
(Ord. 1273 § 2, 1982)
A. 
The license fee for each amusement center shall be in accordance with the fee schedule adopted by resolution of the City Council. Such fee shall be payable annually.
B. 
The amusement device fee shall be in accordance with the fee schedule adopted by resolution of the City Council. Such fee shall be payable annually.
(Ord. 1273 § 3, 1982; Ord. 2355 § 19, 2011; Ord. 2496 § 19, 2016)
A. 
Any person, firm or corporation desiring to apply for an amusement center license under the provisions of this chapter shall have a Conditional Use Permit as required in the Zoning Code of the City.
B. 
Any person, firm or corporation desiring to apply for one or more of the licenses provided for by this chapter shall make a written application for such license or licenses with the Finance Director on a form prescribed by the Finance Director. At the time of applying for such license, said applicant shall deposit with the Finance Director the full amount of the license fee for the period for which application is made, in accordance with the fee schedule adopted by resolution of the City Council.
C. 
Said application shall be reviewed by a committee made up of the Finance Director, Fire Chief, Police Chief and Planning Director. The committee shall establish the qualifications of the applicant for the license being applied for and to assure compliance of all the laws, rules and regulations of the City regarding the installation and maintenance of the amusement devices. The decision of the review committee to grant or deny the application may be appealed in accordance with TMC Section 5.48.100.
D. 
All licenses issued under this chapter shall be issued only to the person, firm or corporation; the license may not be transferred without prior written consent of the City following review of the proposed transfer by the license review committee.
E. 
All licenses issued allowing amusement devices within business operations must be prominently displayed. Each license will indicate the number of operable machines allowed on the premises.
F. 
All application and renewal fees for amusement center licenses and amusement devices, in accordance with the fee schedule adopted by resolution of the City Council, shall be due and payable on the first day of October of each year.
G. 
All licenses issued hereunder shall be good for a period of one year.
(Ord. 1273 § 4, 1982; Ord. 2355 § 20, 2011; Ord. 2496 § 20, 2016)
A. 
Except as provided hereunder, it shall be unlawful for any amusement center to conduct business or be open for business between the hours of 12:00 midnight and 8:00 a.m. on Monday through Friday, and between the hours of 2:00 a.m. and 8:00 a.m. on Saturday and Sunday.
B. 
Those amusement centers which have a Class H or a combined Class B, E and F retailers’ license issued by the State of Washington for the sale of liquor shall not be limited in the hours of operation of amusement devices which are located within the area of the establishment having such liquor license; however, the total of all amusement devices on the premises, both inside and outside the area required to be licensed for the sale of liquor, shall be considered for amusement center licensing purposes.
(Ord. 1273 § 5, 1982)
A. 
In the event that the required fees are not paid when due, there shall be levied a delinquency fee of 30% of the annual gross license fee due. This penalty shall also extend to amusement devices placed on the premises anytime during a license year if a license is not acquired at the time of installing the machine.
B. 
If the penalties and delinquency fees are not paid within 90 days after the due date, all amusement devices will be removed from the premises at the direction of the Chief of Police. An amusement device removal fee on each machine plus an amusement device storage fee per machine shall be charged in accordance with the fee schedule adopted by resolution of the City Council.
C. 
It is a violation of this chapter for the owner or operator of a business to fail to publicly display his amusement device license.
D. 
It is unlawful for the owner, operator, manager, or other person in charge of any amusement center or place in which an amusement device is located to permit or allow to be used or played in such place any amusement device not having attached thereto the name and current address of the owner of the amusement device.
E. 
Any person violating any provisions of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine in a sum not to exceed $500.00 or by imprisonment not to exceed six months, or both. Any person who engages in or carries on any business subject to a license hereunder without having first obtained the appropriate license shall be guilty of violation of this chapter for each day during which the business is so engaged. Any person who fails to pay the license fee or any part thereof on or before the due date shall be deemed to be operating without a license.
(Ord. 1273 § 6, 1982; Ord. 2496 § 21, 2016)
The Finance Director, the Police Chief and Fire Chief are empowered to administer, carry out and enforce the policies and provisions of this chapter.
(Ord. 1273 § 7, 1982; Ord. 2355 § 21, 2011)
All amusement centers and amusement devices located or operating within the City on or after September 30, 1982, are subject to the provisions of this chapter.
(Ord. 1273 § 8, 1982)
The provisions of this chapter are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this chapter, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this chapter, or the validity of its application to other persons or circumstances.
(Ord. 1273 § 9, 1982)
A. 
The applicant or license holder may appeal the decison of the committee, to suspend, deny or revoke a license by filing a written notice of appeal with the City Clerk within 10 calendar days following receipt of the Notice of Denial, Suspension or Revocation. The notice of appeal must state the grounds for appeal, including a detailed explanation of why the decision to suspend, deny or revoke was incorrect. The notice of appeal must be accompanied by an Appeal Fee in accordance with the fee schedule adopted by resolution of the City Council. A timely notice of appeal shall stay the effect of the notice of non-issuance or revocation until the City’s Hearing Examiner or other hearing body issues a written decision on the appeal.
B. 
Upon timely filing of a notice of appeal, the Finance Director shall schedule a hearing on the appeal before the City’s Hearing Examiner or other hearing body. The hearing shall be conducted no later than 30 days from the date of the notice of appeal, unless an extension is agreed to by the appellant or otherwise ordered by the Hearing Examiner or other hearing body for good cause shown. Notice of the hearing will be mailed to the applicant or licensee.
C. 
The hearing shall be de novo. The decision of the City’s Hearing Examiner or other hearing body shall be based upon a preponderance of the evidence. The burden of proof shall be on the appellant. The Hearing Examiner or other hearing body may affirm, reverse or modify the committee’s decision.
D. 
Within 20 business days, excluding holidays recognized by the City of Tukwila, from the date of the hearing on an appeal under this section, the Hearing Examiner or other hearing body shall issue a written decision which shall set forth the reasons therefor.
(Ord. 2496 § 22, 2016)