[Adopted NRO 1975, T. 14, §§ 1401
to 1409 (Secs. 4-16 to 4-35 of the 1987 Code)]
[Amended 10-10-1995 by Ord. No. O-95-128; 5-28-1996 by Ord. No. O-96-40; 11-25-2008 by Ord. No. O-08-45]
The following words and phrases, as used in
this article, shall have the meanings given in this section:
Any mechanical or electronic machine which, upon insertion
of a coin, or any other currency, slug, token, plate or disk, may
be operated by the public generally for use as a game, entertainment
or amusement, whether or not registering a score. It shall include
but not be limited to such devices as marble machines, pinball machines,
skill ball, mechanical grab machines and all mechanical, electronic
and video games, operations or transactions similar thereto under
whatever name they may be designated or described, excepting only
jukeboxes or other coin-operated machines used solely for the reproduction
of music and amusement games of chance.
All amusement devices whose outcome is not substantially
determined by the skill of the player, including but not limited to
video poker, black jack, or similar machines or any machine which
functions as a slot machine.
Include any person who owns any amusement device, the person
in whose place of business any amusement device is placed for use
by the public, and the person having control over any amusement device.
A rectangular table, with cushions bounding the playing area
with pockets (pool table) or without pockets (billiard table), whether
it is coin-operated or not.
[Amended 9-11-1996 by Ord. No. O-96-55; 11-25-2008 by Ord. No. O-08-45]
No person shall permit a person under 16 years
of age to play or operate any amusement game of chance as defined
in this article; provided, however, that, the provisions of this section
shall not apply to any person under 16 years of age accompanied by
his or her parent, guardian or other suitable adult person having
care and custody of such minor.
Nothing in this section shall in any way be
construed to authorize, license or permit any gambling devices whatsoever,
or any mechanism that has been judicially determined to be a gambling
device, or any conduct contrary to law.
[Amended 10-10-1995 by Ord. No. O-95-129; 9-11-1996 by Ord. No. O-96-55; 11-25-2008 by Ord. No. O-08-45]
If the Chief of Police shall have reason to
believe any amusement device or amusement game of chance is used as
a gambling device, the machine may be seized by the police and impounded;
if upon trial a person allowing the operation of the device is found
guilty, or pleads no contest, of allowing it to be used as a gambling
device, it shall become the lawful property of the Police Department
to, in its sole discretion, sell or destroy the device, without compensation
to the owner. If the device is sold, all proceeds collected from said
sale shall be credited to the general police fund to be used to support
police efforts to reduce gambling activities.
[Amended 6-9-1981 by Ord. No. O-81-136; 5-1-1983 by Ord. No. O-82-16; 3-22-1983 by Ord. No. O-83-102; 10-10-1995 by Ord. No. O-95-148; 3-26-1996 by Ord. No.
O-96-10]
A.
Each person shall, before allowing the operation of
an amusement device on his premises, and annually on or before the
first day of May thereafter, obtain from the Board of Aldermen a license
to operate the device or devices and shall, for each license issued
pursuant to this section, pay a fee of $50 per machine for the first
10 machines and $25 per machine for each additional machine.
[Amended 11-25-2008 by Ord. No. O-08-45]
B.
Each person shall, before allowing the operation of
an amusement game of chance on his premises, and annually on or before
the first day of May thereafter, obtain from the Board of Aldermen
a license to operate the device or devices and shall, for each license
issued pursuant to this section, pay a fee of $500 per machine.
C.
Each person
shall, before allowing the use of a pool table on his premises and
annually on or before the first day of May thereafter, obtain from
the Board of Aldermen a license to operate the pool table and shall,
for each license issued pursuant to this section, pay a fee of $15
per table.
[Added 11-25-2008 by Ord. No. O-08-45[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection
C as Subsection D.
D.
Licenses required under this section shall be issued
subject to procedures, regulations and guidelines as established by
the appropriate aldermanic committee and filed in the office of the
City Clerk.
[Amended 9-13-1979 by Ord. No. O-79-214]
Each license issued under § 88-5 shall commence on the date of issue and shall expire on April 30 of each year. The license shall issue in the name of the owner of the machines licensed and shall be evidenced by a certificate stating the number of machines licensed, which shall be posted in a conspicuous location in the place where the machines are located. If one owner has two or more addresses at which machines are located, a separate certificate shall be issued for each address.
[Amended 6-9-1981 by Ord. No. O-81-136; 9-11-1996 by Ord. No. O-96-55; 11-25-2008 by Ord. No. O-08-45]
Any person who allows the operation of an amusement
device or amusement game of chance on any premises owned by him or
under his control without a license having been issued therefor under
this article shall upon conviction be fined a sum of $100 per machine.
[Amended 9-11-1996 by Ord. No. O-96-55]
The City Clerk shall have copies of this article
printed and distributed to each licensee. Each establishment operating
a mechanical amusement device or amusement game of chance shall post
a copy of this article in a conspicuous place near the device.
[Amended 6-9-1981 by Ord. No. O-81-136; 9-11-1996 by Ord. No. O-96-55; 11-25-2008 by Ord. No. O-08-45]
The Police Department is hereby authorized to
seize any amusement device or amusement game of chance located anywhere
in the City in contravention of any of the provisions of this article.
Upon such seizure the Police Department shall notify the owner of
such seizure and reason therefor. The Police Department shall hold
any such seized machines for a period of not less than seven days
from the date of the required notification to the owner or operator
of the premises. During this period the owner or operator may redeem
any such machine by correcting the violation of this article which
led to such seizure and by payment of an administrative fee of $30
to the City Clerk. Any amusement devices or amusement games of chance
which are so seized and which are not redeemed within the seven-day
period described in this section shall become the property of the
City. Costs for transportation and storage charges will be billed
to the owner/distributor for any amusement devices or amusement games
of chance seized. The City will be held harmless for any damage occurring
during the act of confiscation, transportation and storage of each
machine.
[Amended 10-10-1995 by Ord. No. O-95-115; 12-26-1995 by Ord. No. O-95-148; 9-11-1996 by Ord. No. O-96-55]
A.
Upon the issuance of a criminal complaint by a court of competent jurisdiction against any person (as defined in § 88-1) associated with the license of amusement devices or amusement games of chance and arising from the use of the licensed amusement device or amusement game of chance, the license under which the device is permitted shall be considered suspended.
[Amended 11-25-2008 by Ord. No. O-08-45]
B.
Upon a subsequent finding of innocence or dismissal
of the complaint said license shall be reinstated, notwithstanding
any other action taken relative to said license in the intervening
period.
C.
Upon a subsequent finding of guilt or upon entry of
a plea of guilty, whether that plea is entered by the person of the
court, said license shall be considered revoked.
D.
Such suspension or revocation shall be effective immediately
upon notification of the licensee by the office of the City Clerk.
E.
Further, the City Clerk may, with approval of the
appropriate committee, suspend or revoke such licenses. Such suspension
or revocation shall be effective five days after the notification
of the licensee by the office of the City Clerk. The licensee may
request a hearing by said aldermanic committee during this period,
in which case the license shall be considered suspended but not revoked
until such time as the committee provides a hearing and takes final
action.
[Added 9-11-1996 by Ord. No. O-96-51]
A.
Starting on the effective date of Ord. No. O-96-51, adopted on September 11, 1996, from which this section is derived, no new license issued under the terms of this article shall permit the operation of an amusement game of chance as defined in § 88-1 of this article, and no amusement game of chance shall be substituted for an existing amusement game which is not an amusement game of chance under any existing license after the effective date of this section.
[Amended 11-25-2008 by Ord. No. O-08-45]
B.
Any existing amusement game of chance which is licensed
upon the effective date of this section shall be exempted from the
provisions of this section and shall remain legally licensed as long
as the existing license continues to be renewed.
