Chapter 5.64
MECHANICAL AMUSEMENT DEVICES
Sections:
5.64.010 Definitions.
5.64.020 Permit required.
5.64.030 Application for permit.
5.64.040 Action on application.
5.64.050 Appeal to council.
5.64.060 Action on approval.
5.64.070 Seal of approval.
5.64.080 Annual fees.
5.64.090 Permits for less than one year.
5.64.100 Awards—Contests.
5.64.110 Location near schools and playgrounds.
5.64.120 Revocation of permit.
5.64.010 Definitions.
The following definitions shall be applied to terms used in this chapter:
A. “Mechanical amusement device” means any machine or device which, upon the insertion of a coin, plug, or token in any slot or receptacle attached to such machine or connected therewith, operates, or which may be operated, for use as a game, contest, amusement, or to supply music and which does not contain a pay-off device for the return of slugs, money, coins, checks, tokens or merchandise.
B. “Owner or operator of a mechanical amusement device” means any owner of such mechanical amusement device who operates or permits the same to be played or operated in his place of business or in any place under his control or who installs or maintains the same in any place where the same can be played or operated by persons in or about such place, or any person in whose place of business any such mechanical amusement device is placed for the use, amusement, patronage or recreation of the public or of persons in or about such place. (Ord. 133 § 1 (part), 1976)
5.64.020 Permit required.
It is unlawful for any person to install, operate or maintain to be operated any mechanical amusement device in the city without first having obtained a permit in writing to do so from the finance department of the city. (Ord. 133 § 1 (part), 1976)
5.64.030 Application for permit.
Application for such permit shall be made to the finance department of the city, upon a form furnished by the city, and shall contain the following information and statements in addition to whatever additional information may be deemed necessary:
A. Name of the applicant;
B. Place where such mechanical amusement device is to be placed, maintained or operated, and if such mechanical amusement device is to be placed, maintained or operated in connection with any other business or calling, the character of such business or calling;
C. The name of the owner of place where device is to be placed, maintained or operated;
D. A complete description of the type or types of mechanical amusement device, the number thereof of each and the manner in which it is to be placed, maintained or operated;
E. Statement whether device is wired for electricity;
F. The total number of mechanical amusement devices to be placed, maintained or operated at the location for which the permit is requested; and
G. A statement that the mechanical play device for which a permit is sought is not intended to be, and will not be permitted to be, used for any gambling purpose whatsoever. (Ord. 133 § 1 (part), 1976)
5.64.040 Action on application.
Each application shall within five days be forwarded to the director of public safety and the chief building official for their review and comment. The director of public safety and the chief building official shall determine whether or not the ordinances of this city, and the rules and regulations of their respective departments have been complied with. After such investigation, the application shall either be approved or disapproved and returned to the finance department within five days after receipt. If the application is disapproved, the disapproving department shall file with the Finance Department, a written report stating why the application was denied and specifying the grounds therefor. In reviewing each application, the following standards shall be considered:
A. If the area in which the device is to be placed is adequate in size considering the traffic pattern of the area and the safety of people in the area;
B. If the area in which the device is to be placed is an attraction to juveniles and, if so, the suitability of the devices;
C. If juveniles will be attracted to the place in which the device is to be placed because it is present, the presence of adequate provision for the safety and convenience of others using the area;
D. Whether the presence of the device will attract more people than can safely be contained within the area in which the device is to be placed;
E. Whether fire exits will be properly maintained with the device in place and in use; and
F. The effect upon adjacent business enterprises and the general public if such device is an attraction to juveniles. (Ord. 133 § 1 (part), 1976)
5.64.050 Appeal to council.
The application may be denied for cause by either the director of public safety or the chief building official. In the event of denial, the applicant shall, within ten days from the date of such denial, have the right of appeal to and a hearing before the council. Upon the written request of the applicant, the city clerk shall set the application for permit on the next agenda of the council which is ten or more days from the date of receipt of the appeal. The council may, at such hearing, grant or deny the application, and its decision shall be final and conclusive. (Ord. 133 § 1 (part), 1976)
5.64.060 Action on approval.
If the application for permit is approved, the finance department shall forthwith issue a permit to the applicant, which permit shall be serially numbered, and shall show the name of the owner, the place at which the device is to be maintained or operated, the number of devices to be maintained or operated at such location, the amount of permit fee paid, and the expiration date of such permit. (Ord. 133 § 1 (part), 1976)
5.64.070 Seal of approval.
The finance department shall cause to be placed on each and every device for which a permit is issued under this chapter a seal of approval which shall show the permit number and the date of expiration of the same in addition to whatever additional information may be deemed necessary. Such seal of approval shall be affixed in a conspicuous place on the device for which the same was issued and shall remain thereon until a new or different seal of approval is issued therefor. No seal of approval shall be transferable to any person or from one device to another. (Ord. 133 § 1 (part), 1976)
5.64.080 Annual fees.
Every holder of a mechanical amusement device permit under this chapter shall pay a permit fee at the finance department for each separate mechanical amusement device which the permit authorizes, payable annually in advance, on July 1st of each year, as follows:
A. Each mechanical amusement device operated solely to supply music and operated by a coin or token, the sum of fifteen dollars per year;
B. All other mechanical amusement devices operated by a coin or token representing one cent, the sum of thirty dollars per year; and
C. All other mechanical amusement devices operated by coin or token representing more than one cent, the sum of one hundred dollars per year. (Ord. 133 § 1 (part), 1976)
5.64.090 Permits for less than one year.
When any permit authorized under this chapter is issued more than three months after the first day of the annual permit period as provided in this chapter, the fee for that year shall be three-fourths of the annual permit fee required. If issued more than six months after the first day of the annual permit period, the fee for that year shall be one-half of the annual permit fee required. If issued more than nine months after the first day of the annual permit period, the fee for that year shall be one-fourth of the annual permit fee required. (Ord. 133 § 1 (part), 1976)
5.64.100 Awards—Contests.
It is unlawful, and the owner or operator of a mechanical amusement device shall permit no award, payoff or delivery of anything of value, or representing, or exchangeable, or redeemable, for anything of value in any contest, tournament, league or individual play. (Ord. 133 § 1 (part), 1976)
5.64.110 Location near schools and playgrounds.
No mechanical amusement device shall be located within three hundred feet of the nearest street entrance to or exit from any public playground or public or private school of elementary or high school grades. (Ord. 133 § 1 (part), 1976)
5.64.120 Revocation of permit.
Any permit issued under this chapter may be revoked by the council after a hearing. The director of public safety or the chief building official may request that the permit be revoked, stating the reasons therefor. Such request to revoke a permit shall be given to the city clerk who shall cause the matter to be placed on the agenda of the council which is ten or more days after the receipt of written notice thereof given to the applicant. The applicant may appear before the council and show cause why, if he has any cause, the permit should not be revoked. The council may revoke the permit or condition its continuation and the decision of the council shall be final and conclusive. (Ord. 133 § 1 (part), 1976)