As used in this article, unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:
COIN-CONTROLLED CIGARETTE DISPENSING DEVICE
Any mechanical device or machine used or designated to be operated for dispensing cigarettes by the insertion of a coin or coins.
DISTRIBUTOR
Any person who owns, rents, or obtains a share of the income of any cigarette dispensing device in consideration for servicing the same but shall not include any person upon whose premises said device is located.
OPERATOR
Any person upon whose premises any coin-controlled cigarette dispensing device is located whether said device is owned, rented or operated on a percentage basis by the proprietor or the person where the same is located.
The provisions of this article shall not be deemed to permit the possession or use of any device or machine prohibited by law.
A. 
Required. No operator shall own, wholly or in part, maintain, possess or permit to be operated upon premises under his or her control any coin-controlled cigarette dispensing device within the City without first having obtained a license therefor as required by this article.
B. 
Fee. The annual fee for the operator's license required by Subsection A shall be $50 for each coin-controlled cigarette dispensing device or machine.
C. 
Issuance. An operator's license shall be issued by the City Clerk upon production by the person seeing such license of a receipt from the City Treasurer for the amount specified in Subsection B as the fee for said license and upon satisfactory proof that said applicant is the sole owner of or has the right to use the device for which he or she is seeking a license.
A. 
Required. No distributor shall own, wholly or in part, rent, lease, repair, maintain or be financially interested in the outcome of any coin-controlled cigarette dispensing device, used, maintained, operated or located within the City without first having obtained a license as required by this article.
B. 
Fee. The fee for a distributor's license issued under the provisions of this article shall be $50 per year.
C. 
Application for distributor's license. Each distributor shall make written application to the City Clerk for a license to rent, lease or maintain any coin-controlled cigarette dispensing device in the City. Said application shall be verified and shall contain the following information:
(1) 
Name and address of the person seeking the license.
(2) 
Correct name of the owner of the devices or machines operated or intended to be licensed.
(3) 
Description of the machine, with explanation of its mechanics.
(4) 
All arrests and convictions of applicant.
D. 
Issuance. A distributor's license shall be issued by the City Clerk upon production by the person seeking such license of a receipt from the City Treasurer for the sum specified in Subsection B as the amount of the license fee.
E. 
Bond required. An applicant for a distributor's license shall file a bond in the sum of $500 to be forfeited to the City upon judgment of any court that any one machine or device licensed hereunder is prohibited by law or used for gambling purposes.
A. 
Attachment; contents. Each distributor shall place upon each coin-controlled cigarette dispensing device or machine a sticker to be furnished by the City Clerk, which sticker shall contain the number of each machine and the address of the place where said machine or device is located.
B. 
Fee. The stickers required by Subsection A shall be issued upon the payment of $10 per machine to the City Clerk.
[Amended 2-22-2005 by L.L. No. 2-2005]
C. 
Nontransferable. The sticker required by this article to be attached to each coin-controlled cigarette dispensing device shall not be transferable from the machine or the address where the device is located.
It shall be unlawful for any operator to have in his or her possession or on any premises owned, leased, or controlled by him or her, any coin-controlled cigarette dispensing device unless the same shall bear a distributor's sticker duly issued by the City Clerk.
A. 
Filing. On the first day of each month, each distributor licensed hereunder shall file with the City Clerk and Chief of Police a verified statement with the following information:
(1) 
Number of machines rented, leased or operated in the City.
(2) 
Description of said machines.
(3) 
Location of said machines.
B. 
Failure to file; revocation. Upon failure to file a verified statement of information as required by Subsection A, the City Clerk shall have the power to revoke any license and all stickers issued under the provisions of this article by addressing a notice of said revocation to the distributor at the address given in the application. The City Clerk shall notify the Council of any such revocation and shall inform the Council of the reason or reasons for such revocation.
All licenses and stickers issued pursuant to this article shall expire on December 31st of each year.