[HISTORY: Adopted by the Common Council of the City of Oneida 12-21-1982 as Ch. 4-3 of the 1982 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- AMUSEMENT CENTER
- Any indoor place or enclosure in which is maintained or operated
for the amusement, patronage or recreation of the public any coin-operated
amusement device, jukeboxes of any description and particularly, but
not by way of limitation, those commonly known as bagatelle, baseball,
football and pinball amusement games.[Amended 12-19-2000 by L.L. No. 6-2000]
- AMUSEMENT MACHINE
- An amusement device operated by insertion of a coin, token
or similar object for the purpose of amusement or skill and for the
playing of which a fee is charged and particularly, but not by way
of limitation, those commonly known as bagatelle, baseball, football
and pinball amusement games, pool tables or jukeboxes. The term does
not include vending machines in which are not incorporated gaming
or amusement features.[Amended 12-19-2000 by L.L. No. 6-2000]
- OWNER or OPERATOR
- Any person who sets up for operation by another or leases and distributes for the purpose of operation by another or himself any amusement device, whether such setting up for operation, leasing or distributing is for a fixed charge, rental, on the basis of division of the income derived from such device or otherwise, in any place in which it is operated for the amusement, patronage or recreation of the public.
Any individual who owns an amusement machine shall file with the City Clerk evidence of such ownership prior to the issuance of a license, and any individual purchasing an amusement machines shall file with the City Clerk evidence of ownership thereof before exhibiting or placing said device or devices for use or play.
No person under 16 years of age shall be allowed to operate any amusement machine unless said minor shall be accompanied by his parent or guardian.
No cash awards shall be made in any contest, tournament, league or individual play of any game maintained or operated in any amusement center, and no amusement machine shall be permitted to operate if said device delivers to the player coins or slugs or metal or other tokens on certain scores, or if said devices may be readily converted to deliver to the players such coins or slugs or metal or tokens.
Any amusement machine operated in violation of the terms of this chapter may be seized and destroyed in compliance with the terms and provisions of the statutes of the state.
No person shall engage in the business of an owner or operator of amusement machines without first having obtained the proper license therefor.
Before any amusement machine or game is placed at any location within the city, an application for a license hereunder shall be filed in writing with the City Clerk, in duplicate, on a form to be provided by the city and shall specify:
The proper license fee shall accompany each application. Application for license hereunder shall be first referred by the City Clerk to the Mayor and Common Council who shall make or cause to be made such investigation as they deem necessary. If the application is approved by the Mayor and Common Council, the license shall be issued by the Clerk. If the license is denied, the fee shall be returned to the applicant.
[Amended 9-1-1987 by Ord. No. 87-07]
The license fee for each owner or operator shall be established by resolution of the Common Council. Such fees may thereafter be amended from time to time by like resolutions.
[Amended 11-20-2012 by Ord. No. 12-11]
The license fee shall be per year for all devices set up for operation, leased or distributed to a business premises in the city. License fees shall be payable annually in advance.
In the event of a late application for any license provided for in this chapter hereof, the license fee shall be increased by $50 in addition to any and all other penalties and/or remedies. Continued late applications may be considered upon future applications to the Common Council for permission to acquire a license.
No licenses shall be issued under this chapter to any person or a member, partner, officer or stockholder of any firm, corporation, partnership or association who has been convicted of a crime or of any gambling offense against the laws of the state or of the city, and in the event of any such conviction subsequent to the issuance of said license, said license shall be immediately revoked.
No license shall be granted for any amusement center if located within 200 yards of a public or private school.
A license issued pursuant to the provisions of this chapter shall expire at the end of the calendar year for which it was issued, unless sooner suspended or revoked.
A license issued pursuant to the provisions of this chapter shall be nontransferable and nonassignable.
Upon payment of his annual license fee, a seal shall be affixed by the owner to each device in a prominent place and shall bear the owner's or operator's name, address and telephone number.
A license issued pursuant to the provisions of this chapter shall be posted in a conspicuous place in the establishment of the licensee.
After a hearing affording due process, the Mayor may suspend or revoke any license issued pursuant to the provisions of this chapter if its holder has violated any of the provisions of this chapter. A person whose license has been suspended or revoked may appeal such decision to the Common Council by requesting a hearing before the Council. Such requests shall be made to the City Clerk within 10 days after receipt of notice of the action of the Mayor. The Council shall then hear and decide the matter within a reasonable time.