Chapter 5.32
AMUSEMENT DEVICES

Sections:

5.32.010    Operating games without licenses prohibited.

5.32.020    Defining amusement devices.

5.32.030    Operation for gambling prohibited.

5.32.040    Application for license – Contents – Issuing license.

5.32.050    Term of license – Fee.

5.32.060    Exemptions.

5.32.070    Violation – Penalty.

5.32.010 Operating games without licenses prohibited.

It is unlawful for any person, firm or corporation to operate within the City any amusement device used for playing games of skill or otherwise for commercial purposes without first obtaining a license in accordance with the provisions of this chapter. (Ord. 795 § 1, 1986)

5.32.020 Defining amusement devices.

“Amusement device” means any machine, device, contrivance or apparatus – mechanical, electrical, hydraulic, electronic, video, or otherwise – operated or used for playing games for amusement only by the payment method of coin insertion, payment to attendant, or otherwise which, when played, does not have an automatic pay-out feature as part of said device – whether to be paid automatically by the machine itself or by any attendant or employee or by any person using said machine or device – and which machine does not vend or deliver any article of merchandise or token, check or stamp. (Ord. 1043 § 1, 1994; Ord. 795 § 2, 1986)

5.32.030 Operation for gambling prohibited.

It is unlawful to operate or use, or permit to be operated or used, or possess with intent to be operated or used, any device for gambling or for playing a game of chance or skill for the delivery of any article, check, token, money or other item of value or not, except for replays of such devices without cost that may be permitted by the device or by attendants. (Ord. 795 § 3, 1986)

5.32.040 Application for license – Contents – Issuing license.

Any person, firm or corporation desiring to maintain, keep or operate any such amusement device, as herein defined, shall file written application for a license with the City Clerk of the City. Such application shall state the name of the applicant, address and place of business at which any of said device(s) shall be maintained and operated, and a description and the number of the amusement device(s) to be licensed. (Ord. 1043 § 2, 1994; Ord. 795 § 4, 1986)

5.32.050 Term of license – Fee.

A license shall be issued for a period of one year, from January 1st to December 31st, or such portion of a year as may be established by a City of Ferndale fee ordinance. The fee for such license shall be the sum established by a City of Ferndale fee ordinance, payable in advance, for each amusement device maintained, operated or permitted to be operated or used in the licensed place of business. An amended license shall be obtained prior to increasing the number of amusement devices in the licensed place of business during a license year by paying an additional sum established by a City of Ferndale fee ordinance, for each additional amusement device to be maintained, operated or permitted to be operated or used in the licensed place of business during any portion of the license year. A document showing the total number of amusement devices which may be maintained, operated or permitted to be operated or used in the licensed place of business shall be conspicuously displayed in the place of business. (Ord. 1043 § 3, 1994; Ord. 795 § 5, 1986)

5.32.060 Exemptions.

Billiard, pool and shuffleboard tables are not required to be licensed. (Ord. 795 § 6, 1986)

5.32.070 Violation – Penalty.

A.    Any person, firm or corporation violating any of the terms or provisions of this chapter shall, upon conviction, be punished by the fine of not more than $300.00 for each day such violation shall continue.

B.    In addition to the other penalties provided in this chapter, the City acting through its authorized agents shall have the authority to confiscate and take into its possession any device located in the City required to be licensed under this chapter which has not been licensed as required; and all costs or expenses of such confiscation shall be assessed against the owner before said device shall be returned to him upon compliance with this chapter; provided further, that if, after confiscation, the owner has not complied with the terms of this chapter within three months, the City shall have authority to dispose of said confiscated device as it may see fit, without any further obligation to the owner. (Ord. 795 § 7, 1986)