Chapter 5.04
AMUSEMENT DEVICES1

Sections:

5.04.010    Purpose.

5.04.020    Definitions.

5.04.030    License required.

5.04.040    Application for license – Nontransferable.

5.04.050    Amusement devices – Fees.

5.04.060    Amusement devices prohibited near schools – Exceptions.

5.04.070    Enforcement – Duties of police.

5.04.080    Revoking license.

5.04.090    Violation – Penalty.

5.04.100    Maximum devices allowable.

5.04.010 Purpose.

This chapter is deemed expedient to maintain peace, good government and welfare of the city, and its trade, commerce and manufactures, and as a proper exercise of the police power of the city. (Ord. 382 § 1, 1964).

5.04.020 Definitions.

A. “Amusement device” means any and all machines or devices wherein a person deposits any coin, token or slug or pays in coin or money for the privilege of operating such amusement device without any prospect of reward in money, merchandise or any form of payoff, prize or award, and for the sole purpose of entertainment only.

B. “Operator” as used herein means any person, firm, corporation, partnership or association who sets up for operation by another or leases or distributes for the purpose of operation by another, any device as herein defined, whether such setting up for operation, leasing or distributing be for a fixed charge or rental, or on the basis of a division of the income as derived from such device or otherwise.

C. “Proprietor” means any person, firm, corporation, partnership, association or club who, as the owner, lessee, or proprietor, has under his or its control any establishment, place or premises in or at which such device is placed or kept for use or play, or on exhibition for the purposes of use or play. (Ord. 382 § 2, 1964).

5.04.030 License required.

It is unlawful to permit to be operated or used, or to possess with the intent that the same may be operated or used, or to keep in any place where people gather, within the corporate limits of the city, any amusement device without having a valid, unrevoked license issued under the provisions of this chapter, which license shall be designated “amusement game license.” (Ord. 382 § 3, 1964).

5.04.040 Application for license – Nontransferable.

Application for license hereunder shall be filed in writing with the city clerk, on a form to be provided by the city, and shall specify:

A. The name and address of the applicant, and, if a firm, corporation, partnership or association, the principal officers thereof and their addresses;

B. The address of the premises where the licensed device or devices are to be operated, together with the character of the business as carried on at such place;

C. The trade name and general description of the device or devices to be licensed, the name of the manufacturer and the serial number, and, if the applicant is a proprietor, the number of devices to be licensed;

D. The name and address of the operator of the device or devices, if other than the proprietor.

The proper license fee shall accompany such application. Application for license hereunder shall be first referred by the city clerk to the mayor and council, who shall make or cause to be made such investigation as they deem necessary. If the application is approved by the mayor and council, the license shall be issued by the clerk, and the clerk shall remit the fee to the finance director. If the license is denied the fee shall be returned to the applicant. Each amusement device licensed for operation under the provisions of this chapter shall have affixed thereto in a conspicuous place a sticker or label, legibly setting forth the name and address of the licensee, the license number and the period for which such license is issued, together with the words “City of Pacific.” Such license shall be nonassignable and nontransferable, and in the case of a proprietor shall apply only to the premises for which such license is issued. (Ord. 1604 § 1, 2005; Ord. 382 § 4, 1964).

5.04.050 Amusement devices – Fees.

There shall be a license fee for amusement devices as established by city resolution. (Ord. 1375 § 12, 1998; Ord. 616 § 1, 1976; Ord. 382 § 5, 1964).

5.04.060 Amusement devices prohibited near schools – Exceptions.

No amusement license shall be issued for, nor shall any amusement device be used or operated, in any building or place within 500 feet of the grounds or building of any school except kiddy rides, hobby horses, and nickelodeons. (Ord. 382 § 6, 1964).

5.04.070 Enforcement – Duties of police.

The police department shall be charged with the enforcement of this chapter and shall make periodic checks on all amusement devices, and shall keep an inventory at all times of the number of amusement devices and machines in the city and shall submit to the city clerk once annually such an inventory in writing to be placed in the records of the city clerk. (Ord. 382 § 7, 1964).

5.04.080 Revoking license.

If the city council shall find that any licensee has violated any provision of this chapter or any other ordinance or statute relating to the operation of the amusement devices, the city council may revoke the license issued to such holder and remove the license sticker or label from such amusement device operated by the holder; but such revocation or failure to revoke for violation of the provisions of this chapter shall not relieve the licensee from liability to punishment under penalties provided in PMC 5.04.090. (Ord. 382 § 8, 1964).

5.04.090 Violation – Penalty.

Unless another penalty is expressly provided by law, every person convicted of a violation of any provision of this chapter shall be punished by a fine of not more than $1,000 or by imprisonment in the city jail for not more than 90 days, or by both such fine and imprisonment. (Ord. 1167 § 4, 1992; Ord. 382 § 9, 1964).

5.04.100 Maximum devices allowable.

No person or operator is authorized to maintain or utilize more than eight amusement devices per each individual license applied for and granted. (Ord. 857 § 1, 1982).


1

For statutory provisions authorizing third-class cities to license, for purposes of regulation and revenue, all and every kind of business authorized by law, see RCW 35.24.290; for provisions regarding gambling, see Chapter 9.47 RCW.