For the purpose of this chapter, the term "coin-operated
amusement device" shall mean a machine or device which, upon insertion
of a coin, slug or similar object or by any other method, operates
or may be operated or used for a game, contest or amusement of any
description whereby a score is established, the object of which is
to secure a special number or numbers or a high total score, whether
a prize is offered or not. Such term shall not include the following:
A. A machine or device which has been designated by the
federal government or any department thereof as a gaming device and
for which a federal gaming device license is required; or
B. A machine or device which is so constructed mechanically
that its operation violates any of the laws of the state.
The issuance of a license required by this chapter
for any device shall not in any way be construed as an authorization
to keep, maintain or operate the licensed device if the same is or
can be used in any manner as a gambling device, and no licensee under
this chapter shall use or permit the use of the licensed device in
any manner as a gambling device.
Any person violating any of the provisions of this chapter, in addition to the revocation of his license, shall be guilty of a Class C misdemeanor and shall be punished as provided in §
1-2 of this Code. Each day any person violates the provisions of this chapter shall constitute a separate offense.
It shall be unlawful for any person to keep
or maintain, operate, allow or permit to be kept or maintained in
any place of business or any other public place or private club or
fraternal organization in the City any coin-operated amusement device
without at all times maintaining firmly attached to the device, in
the manner specified in this section, a stamp to be furnished by the
City evidencing a valid license procured from the City Clerk and authorizing
the maintenance and operation of the device. The responsibility and
obligation to so keep and maintain the stamp attached to the device
shall be binding on the owner, manager and operator of the place where
the device is located, as well as upon the owner, keeper or operator
of the device, regardless of whether or not the device is owned by
the owner, manager or operator of the place where the device shall
be kept and maintained. The City stamp shall be kept firmly attached
to the device and under the glass thereof in a manner so as to be
plainly visible to police and other City officials and to the public
generally.
The annual license fee for keeping and maintaining
a coin-operated amusement device shall be $10. The proprietors of
the establishment where an amusement device is located shall be held
responsible for the payment of the license fee for all equipment located
on the premises; however, where the equipment is owned and serviced
by an operator, the fees may be paid by the operator, provided that
the operator files with the City Clerk such forms as the City Clerk
may require.
[Amended 12-16-1985 by Ord. No. 5388]
Licenses issued pursuant to the provisions of
this chapter shall expire on December 31 each year.
No license shall be issued pursuant to this
chapter if the license applicant or owner of the machine has paid
a current federal occupational tax for the use or permit to use on
the place or premises where the machine or device is to be displayed
a coin-operated amusement or gaming device under the Federal Internal
Revenue Code.
An application for the license required by this
chapter shall be made to the City Clerk upon a form supplied by the
Clerk. The application shall contain, but not be limited to, the following
information:
A. The name and address of the applicant and his date
and place of birth and the name and address of the owner of the machine.
B. The place where the device is to be displayed or operated
and the business conducted at the place.
C. A description of the machine to be licensed, its mechanical
and operating features, the name of the manufacturer and its serial
number.
D. Whether the applicant or owner has paid a current
federal occupational tax for the use or permit to use on any place
or premises in the City a coin-operated amusement or gaming device
under the Federal Internal Revenue Code.
A license issued pursuant to this chapter may
be revoked by the governing body after written notice to the licensee,
which notice shall specify the reason for the same, and if after a
hearing the governing body finds that:
A. The licensee has, directly or indirectly, permitted
the licensed device to be operated in violation of this chapter.
B. The license has violated any of the provisions of
this chapter.
C. The licensee or the owner of the machine is no longer
a person of good moral character.