Chapter 5.08
MECHANICAL AMUSEMENT DEVICES

Sections:

5.08.010    Definitions.

5.08.020    License required.

5.08.030    Criminal conduct—Ineligibility for city licenses and permits.

5.08.040    Fee for license and permit.

5.08.050    Repealed.

5.08.060    Relocation—Notification.

5.08.070    License—Application—Term.

5.08.080    License—Renewal.

5.08.090    Amusement devices deemed a nuisance when—Impoundment.

5.08.100    Regulations.

5.08.110    Automatic payoff devices prohibited.

5.08.120    Slot machines or gambling devices prohibited.

5.08.130    Additional regulations.

5.08.010 Definitions.

As used in the ordinance codified in this chapter, the following words shall have the following respective meanings:

A. “Location owner” means every person not engaged in the business of renting out or placing mechanical amusement devices, but who owns, uses and operates not more than two such mechanical amusement devices.

B. “Mechanical amusement device” means any table, board, machine, device or apparatus fitted for use by the public, the operation of which is permitted, controlled, allowed or made possible by the deposit or insertion of any coin, plate, disc, slug or key into any slot, crevice or opening, or by the payment of any fee or fees, and which operates, or which may be operated for use as a game, contest or amusement or which may be used for any such game, contest or amusement, but which table, board, machine, device or apparatus does not contain a payoff device and which does not return or vend any article of merchandise or any money, coin, check or token.

C. “Operator” means any person engaged in the business of renting out or placing mechanical amusement devices in various locations within the city; and every person who owns, uses and operates more than two mechanical amusement devices. (Prior code § 6110)

5.08.020 License required.

It is unlawful for any person to engage in business in the city as an operator or as a location owner, or to rent out or place any mechanical amusement device or maintain to be operated any mechanical amusement device, whether such person be a resident of the city or not, without first having secured the licenses required by this chapter. (Prior code § 6110.13)

5.08.030 Criminal conduct—Ineligibility for city licenses and permits.

A. Except as otherwise provided herein, conviction (including a plea of guilty or nolo contendere) of a felony, or a misdemeanor involving a crime of moral turpitude or conduct related to the nature of the permit requested, shall be prima facie disqualification of an applicant.

B. The city licensing authority, however, may disregard such conviction if it is found and determined by such licensing authority that mitigating circumstances exist. In making such determination, the city licensing authority shall consider the following factors:

1. The type of business license or permit for which the person is applying;

2. The nature and seriousness of the offense;

3. The circumstances surrounding the conviction;

4. The length of time elapsed since the conviction;

5. The age of the person at the time of the conviction;

6. The presence or absence of rehabilitation or efforts at rehabilitation;

7. Contributing social or environmental conditions.

C. The city licensing authority shall give notice of disqualification to an applicant disqualified under this section. Such notice shall be in writing and delivered personally or mailed to the applicant at the address shown on the application.

D. An applicant who is disqualified for a city permit under this section may appeal such determination of disqualification. Such appeal shall be in writing and filed with the city clerk within ten days of the date of the notice of disqualification. The council shall hear and determine the appeal within ninety days after it is filed. The determination of the council on the appeal shall be final. (Ord. 1202 § 4, 1991)

Prior to its repeal by § 3 of Ord. 1202, § 5.08.030 was entitled “License Fee – Occupational” and wee derived from prior code § 6110.1.

5.08.040 Fee for license and permit.

Application for a license or permit shall be accompanied by a nonrefundable fee as established by the council. The fee shall be in an amount sufficient fully to defray administrative cost incurred in the processing of an application, and shall not be in lieu of other fees or taxes, including business taxes, required by this code. (Ord. 1202 § 6, 1991)

Prior to its repeal by § 5 of Ord. 1202, § 5.08.040 was entitled “License fee – Location” and was derived from prior code, § 6110.2.

5.08.050 Repealed.

Former § 5.08.050, “License fee – Location owner,” derived from prior code, § 6110.3, wee repealed by § 7 of Ord. 1202.

5.08.060 Relocation—Notification.

Any mechanical amusement device licensed hereunder may be relocated at premises other than those listed in the yearly application upon prior written notification to the city clerk of such relocation. (Prior code § 6110.6)

5.08.070 License—Application—Term.

All licenses issued under the terms of this chapter shall be on an annual basis from January 1st through December 31st of each calendar year. An application for such licenses shall be filed each year and such application shall state the number and locations of machines or devices rented out, placed or owned, and each such machine located in the city shall have securely affixed, in a conspicuous place on the machine, the name, address and telephone number of the licensee. (Prior code § 6110.8)

5.08.080 License—Renewal.

Application for the renewal of any license required by this chapter shall be made in the same manner as for an original license. (Prior code § 6110.9)

5.08.090 Amusement devices deemed a nuisance when—Impoundment.

A. Any mechanical amusement device operated or maintained to be operated in violation of any law of the state, or in violation of any of the provisions of this chapter, shall be deemed to be a public nuisance, and any such mechanical amusement device so operated or maintained to be operated shall be impounded by the police department or any member thereof.

B. If any such mechanical amusement device so impounded is one which may be legally operated under the provisions of this chapter and is seized for the failure of the owner or operator to secure the proper license, such mechanical amusement device shall not be released until a license for such mechanical amusement device has been obtained and the fee therefor paid, together with a penalty of five dollars.

C. If any court of competent jurisdiction shall determine that any mechanical amusement device or the use or operation thereof violates, or has violated any law of the state, or any ordinance of the city, such mechanical amusement device shall be confiscated by the chief of police and shall be dealt with as provided by the judgment or order of the court. (Prior code § 6110.10)

5.08.100 Regulations.

Any and all mechanical amusement devices licensed under this chapter shall be subject to the following regulations:

A. No person shall install or operate any such mechanical amusement device within three hundred feet of the nearest property line of any public playground or public or private school of elementary or high school grades, and in use as such playground or school.

B. No person shall use or operate any mechanical amusement device for any purpose whatever, except for the purpose of amusement.

C. No person shall use any such mechanical amusement device for the purpose of gambling.

D. No person in direct charge or supervision of any such mechanical amusement device, or in charge of the premises where the same is installed and being operated shall pay off in money, merchandise, tokens or other thing or things of value, any winner that may be determined by the operation of any mechanical amusement device.

E. No person in direct charge or supervision of any such mechanical amusement device, or in charge of the premises where the same is installed and being operated, shall permit any person under the age of eighteen years of age to engage in the playing of any mechanical amusement device. (Prior code § 6110.11)

5.08.110 Automatic payoff devices prohibited.

No person shall use any mechanical amusement device which has built into it, or attached to it, any device or mechanism known as an automatic payoff, and which device or mechanism operates in such manner as to automatically return, vend or pay out money, coins, checks or tokens when a winning score or combination has been obtained by the action of such mechanical amusement device. (Prior code § 6110.12)

5.08.120 Slot machines or gambling devices prohibited.

This chapter shall not be construed to permit the licensing of any slot machine or gambling device declared illegal by the Penal Code of the state; nor shall any license issued under the terms hereof permit the operation, possession or use of any slot machine or gambling device declared illegal by the Penal Code of the state. (Prior code § 6110.14)

5.08.130 Additional regulations.

The provisions of this chapter are in addition to regulations set out in Chapter 5.52 of this code and, insofar as possible, these provisions shall be construed so as to reconcile them with those regulations. In the event of irreconcilable conflict, however, the provisions of Chapter 5.52 shall prevail. (Ord. 946 § 2, 1983: prior code § 6110.15)