[HISTORY: Adopted by the City Council of the City of Roseville as indicated in article histories. Amendments noted where applicable.]
Power to regulate amusements — See Ch. 3, Sec. 3.1(b)(2(a)).
[Adopted 2-28-1984 by Ord. No. 895 as Art. I of Ch. 73 of the 1984 Code]
As used in this article, the following terms shall have the meanings indicated:
- BOWLING ALLEY
- Includes any place in which the game of bowling or any and all variations thereof are played.
- Includes any place in which the game of pool or any and all variations thereof are played.
It shall be unlawful for any person, his or her agents or employees to operate a poolroom and/or bowling alley in the city without first obtaining a license therefor as provided in this article.
Every applicant for a license to operate a poolroom and/or bowling alley in the city shall, at the time of making application therefor, pay the fees as provided for in Chapter 133, Fees.
Any poolroom and/or bowling alley licensed under the provisions of this article shall be open to inspection by the Police, Fire or Buildings and Inspection Department and the authorized members thereof at all reasonable hours.
Each and every poolroom and/or bowling alley licensed under the provisions of this article shall close up by the hour of 1:00 a.m., provided that, in the event of tournaments or for other good and sufficient reasons, the licensee may secure special permission to remain open to a later hour by applying for same to the City Council, but not otherwise.
When it shall appear that any licensee, his or her agents or employees are operating a poolroom and/or bowling alley in a manner detrimental to the public health, safety or morals, the City Council may suspend or revoke such license after hearing had before the City Council upon 24 hours' notice given to the said licensee or his or her agents or employees in charge of the premises.
Each and every license granted under the terms of this article shall expire on the 30th day of April next succeeding the date of its issuance.
No owner, manager and/or proprietor of any poolroom licensed hereunder shall allow or permit minor children under 17 years of age to frequent, occupy or remain in the licensed establishment unless said minor children shall be accompanied by at least one of the parents. Furthermore, it shall be unlawful for any person under the age of 17 years to frequent, occupy or remain in any poolroom unless said child is accompanied by at least one parent.
Any person violating any of the provisions of this article shall be punished as provided in Chapter 1, General Provisions, Article I.
[Adopted 2-28-1984 by Ord. No. 895 as Art. II of Ch. 73 of the 1984 Code]
No person, society, club, firm or corporation shall maintain or operate or cause to be maintained or operated any mechanical amusement, music or vending device, as herein defined, without having first procured a license therefor, as herein prescribed, for such establishment, store or place wherein such mechanical amusement, music or vending device is to be maintained or operated and, in addition thereto, a license for each mechanical amusement, music or vending device located therein.
No person, society, club, firm or corporation shall distribute or cause to be distributed any mechanical amusement, music or vending device without first obtaining a license as herein prescribed.
No person, society, club, firm or corporation licensed hereunder as a distributor shall distribute or cause to be distributed for operation any mechanical amusement, music or vending device to any establishment, store or place that is not licensed as required by this article.
No license shall be granted unless it is approved by the Chief of Police, who shall indicate such approval in writing upon the face of the application.
As used in this article, the following terms shall have the meanings indicated:
- BAGATELLE, PIGEONHOLE, PIN GAME, PUCK GAME, MARBLE GAME, BAFFLE BOARD, TABLE-TOP GAME OR SIMILAR DEVICE
- A game played with any number of balls, spheres, pucks, disks or similar articles on a table or board having holes, pockets, cups or other places into which such balls, spheres, pucks, disks or similar articles may drop or become lodged and/or having arches, pins, springs or other devices to control, deflect or impede the direction or speed of the balls, spheres, pucks, disks or other similar devices put in motion by the player, and shall include the modern variety of baffle boards, pin games and similar devices.
- COIN-OPERATED MUSIC DEVICE
- A piano, radio, phonograph, jukebox or any similar machine or contrivance which emits recitations, songs, speeches or music upon the insertion of a coin.
- Any person, society, club, firm or corporation who places mechanical amusement, music or vending devices in any place or establishment, excluding an owner as herein defined, for operation.
- Any premises wherein any service or merchandise is offered for sale to the public or where any amusement or service is furnished for gain or profit, or any building, structure, room, shop or other place within the city.
- MECHANICAL AMUSEMENT DEVICE
- A pinball machine, ski-ball machine, electronic video game, motion-picture machine, miniature pool table or any similar machine, instrument or contrivance, which may be operated or set in motion upon the insertion of a coin, token, plate, disk or key; or a device for any game of shuffleboard, bagatelle, pigeon hole, pin game, puck game, marble game, baffle board, tabletop game or similar devices.
- OWNER, TYPE 1
- Any person, society, club, firm or corporation who owns, operates or conducts any establishment where there are four or more mechanical amusement devices within the establishment for use by its patrons.
- OWNER, TYPE 2
- Any person, society, club, firm or corporation who owns, operates or conducts mechanical amusement devices within the establishment for use by its patrons.
- VENDING DEVICE
- Any mechanical device which, upon insertion of a coin, returns the value in merchandise of the sum thus inserted or renders a service for same.
Application for a license shall be made to the Chief of Police in the form and manner required by the Chief and in accordance with the provisions of this article and Code, and the application shall state, among other things:
If after the issuance of any license the licensee desires to operate other mechanical amusement, music or vending devices in addition to the number stated in the original application for a license, the licensee shall make a new application to the Chief of Police in the same manner and form as the original application for a license.
The application for a license shall be accompanied by the fingerprints of the applicant, and in the event that the applicant is a firm, club, society or corporation, the application shall be accompanied by the fingerprints of the officers thereof and, if the applicant shall be a corporation, the names and addresses of all stockholders thereof.
Each applicant for a license shall, at the time of making such application, pay the license fees specified in § 73-18 of this article. A license issued pursuant to this section shall be valid for one year, expiring annually on the 31st day of December.
The Chief of Police shall investigate the location or locations wherein it is proposed to operate such mechanical amusement, music or vending devices to determine whether it violates any provision or any prohibition of the city ordinances and shall ascertain if the owner and/or distributor is a person of good moral character by an investigation to determine if the owner and/or distributor was guilty of a criminal activity or offense involving moral turpitude and, on the basis of the aforesaid investigation, may disapprove the application.
All applicants will be required to deliver to the City of Roseville a sum of money equal to the personal property tax as determined by the Assessor on the mechanical amusement devices licensed to be held in escrow by the City of Roseville. Should the taxpayer of the mechanical amusement devices become delinquent in payment of the personal property tax, the escrow shall then be forfeited to the City of Roseville as payment.
Every mechanical amusement, music or vending device licensed hereunder shall have permanently affixed thereto suitable identification. Such identification shall include:
Nothing in this article shall be construed as prohibiting the keeping and use of pool tables, billiard tables, bowling alleys or other licensed amusements or games, and their usual appurtenances, in the places duly licensed and operated under the applicable city ordinances.
Each establishment licensed as herein provided shall permanently and conspicuously post such license at the location therein where such device is located.
The Chief of Police shall provide an identification disk for each mechanical amusement, music or vending device licensed. Such disk shall be affixed to each licensed mechanical amusement, music or vending device. The identification disks are not transferable, and it shall be unlawful to remove identification disks from the device once affixed thereto.
It shall be unlawful for any licensee to change or alter any such mechanical amusement, music or vending device after the same has been licensed by the city.
Establishments licensed for the operation of mechanical amusement devices, as defined herein, shall not permit persons under 17 years of age to operate said devices after 10:00 p.m. unless accompanied by a parent or guardian.
No license shall be issued for any mechanical amusement device that is adaptable or may be readily converted into a gambling machine.
No mechanical amusement, music or vending device shall be licensed that shall display, expose, produce or emit any motion picture, printed matter, advertisement, writing, sound, recitation, speech, music or other matter that is obscene, indecent, pornographic or contrary to good morals.
It shall be unlawful to operate or permit the operation of any establishment where the operation of mechanical amusement or music devices are the principal character of the establishment, between the hours of 1:00 a.m. and 7:00 a.m. of any day.
No licensee shall permit the playing of any mechanical amusement device within 600 feet of any church, public or parochial school or playground.
Nothing herein contained shall be construed as permitting the issuance of a license for any slot machine or as legalizing any device in which is incorporated any gambling feature.
The use of any mechanical device for the purpose of gambling of any kind is prohibited.
No licensee shall allow any person within the establishment to use any mechanical device as a gambling device or as an instrument of gambling.
It shall be the duty of police officers to make inspections of all mechanical amusement, music or vending devices and the establishments wherein they may be located, and if any unlawful practices are observed in connection therewith, they shall report the same to the Chief of Police for such action as he or she may deem proper, and the Chief of Police may recommend the immediate suspension of such license.
If the Chief of Police shall have reason to believe any mechanical device is used as a gambling device or as an instrument of gambling, such machine may be seized by the police and impounded; and if, upon trial of the owner as herein defined for allowing it to be used as a gambling device or as an instrument of gambling, said owner shall be found guilty, such machine shall be destroyed by the police.
Every person, society, club, firm or corporation licensed under this article is subject to the right of the city, which right is hereby expressly reserved, to revoke the same should the licensee, directly or indirectly, permit the operation of any mechanical amusement, music or vending device contrary to the provisions of this article, the ordinances of the city or the laws of the state or if the license was issued upon misleading or fraudulent information submitted by the applicant.
Said license may be suspended by the City Manager after written notice to the licensee from the Chief of Police, which notice shall specify the ordinance or law violation with which the licensee is charged.
Upon conviction of the licensee of the violation charged, the license may be revoked by the City Manager.
Should the City Manager cause such license to be revoked, the licensee may then, within 10 days, appeal the decision of the City Manager to the City Council.
The City Council may then review the action taken by the City Manager and make its determination to uphold such action or to reinstate the applicant's license. The decision of the City Council shall be determined to be final.
License fees shall be as provided for in Chapter 133, Fees.