[HISTORY: Adopted by the City Council of the City of Roseville as
indicated in article histories. Amendments noted where applicable.]
CHARTER REFERENCES
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:
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.[1]
[Adopted 2-28-1984 by Ord. No. 895
as Art. II of Ch. 73 of the 1984 Code]
A.
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.
B.
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.
C.
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.
D.
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:
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.
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.
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.
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.
Any person, society, club, firm or corporation who owns, operates
or conducts mechanical amusement devices within the establishment for use
by its patrons.
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.
A.
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:
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
A.
Every mechanical amusement, music or vending device licensed
hereunder shall have permanently affixed thereto suitable identification.
Such identification shall include:
B.
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.
C.
Each establishment licensed as herein provided shall
permanently and conspicuously post such license at the location therein where
such device is located.
D.
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.
E.
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.
A.
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.[1]
B.
No license shall be issued for any mechanical amusement
device that is adaptable or may be readily converted into a gambling machine.
C.
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.[2]
D.
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.
E.
No licensee shall permit the playing of any mechanical
amusement device within 600 feet of any church, public or parochial school
or playground.
A.
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.
B.
The use of any mechanical device for the purpose of gambling
of any kind is prohibited.
C.
No licensee shall allow any person within the establishment
to use any mechanical device as a gambling device or as an instrument of gambling.
A.
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.
B.
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.
A.
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.
B.
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.
C.
Upon conviction of the licensee of the violation charged,
the license may be revoked by the City Manager.
D.
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.
E.
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.
