Chapter 5.40
SKILL GAMES
Sections:
5.40.010 Person defined.
5.40.020 License – Required.
5.40.030 License – Application.
5.40.040 License – Fee.
5.40.050 License – Posting.
5.40.060 Illegal machines.
5.40.070 Minors – Playing pinmarble prohibited.
5.40.080 Minors – Permitted play.
5.40.090 Violation – Penalty.
5.40.010 Person defined.
A. “Person,” as used in this chapter, includes the following:
1. Any person, firm, corporation or association which owns any such machine, device, apparatus, game, table or board;
2. The person, firm, corporation or association in whose place of business any such machine, device, apparatus, game, table or board is placed for use by the public;
3. Any person, firm, corporation or association having control over such machine, equipment or device, game, table or board.
B. The payment of the fee under this chapter by any person, firm, corporation or association enumerated in subsection A of this section shall be deemed a compliance with this section. (Ord. 426 § 5, 1935. Prior code § 4.18.050)
5.40.020 License – Required.
It is unlawful for any person to maintain any amusement machine, device, apparatus or any pinmarble game, skillball game or any combination amusement and vending machine, table or board for use by the public, the operation or use of which is permitted, controlled, allowed or made possible by the deposit of any coin, plate, disc, slug or key into any slot, crevice or other opening, in the city, until he has first applied for and secured a license from the city so to do. This section shall not apply to amusement games as contained in chapter 5.42 SMC. (Ord. 1918 § 4, 2000: Ord. 426 § 1, 1935. Prior code § 4.18.010)
5.40.030 License – Application.
All application for such licenses shall be made to the clerk-treasurer. Upon such application and the payment of the license fee, the clerk-treasurer shall issue a license for each separate machine or game, which license shall contain the name of the licensee, name and type or style of machine or game, and a number. Such license shall not be transferred from one machine or game to another, nor may it be transferred from one person to another. The licensee, however, shall attach to each license issued to him, as provided in this chapter, receipts issued by the clerk-treasurer showing that the monthly license fee provided for in this chapter has been paid. (Ord. 426 § 2, 1935. Prior code § 4.18.020)
5.40.040 License – Fee.
The schedule of license fees to be charged by the city for licenses under the provisions of this chapter shall be $50.00 per year for each amusement machine, game or device, except that the license fee shall be $25.00 per year for each amusement machine, game or device located in a religious or educational institution. (Ord. 1045 § 2, 1977: Ord. 426 § 4, 1935. Prior code § 4.18.040)
5.40.050 License – Posting.
It is the duty of the licensee to place and maintain such license upon the machine or game for which it is issued, in such place and manner as to be clearly and readily observed by anyone operating the same or to have the license available on the premises for inspection upon demand. (Ord. 1045 § 1, 1977: Ord. 426 § 3, 1935. Prior code § 4.18.030)
5.40.060 Illegal machines.
No license shall be issued for and nothing herein contained shall be construed to legalize the possession or maintenance of any game, table, machine, slot machine or any other article, device or apparatus of any kind commonly used for gambling or the possession of which is prohibited by statute of the state of Washington. (Ord. 426 § 6, 1935. Prior code § 4.18.060)
5.40.070 Minors – Playing pinmarble prohibited.
It is unlawful for any person under the age of 21 years to play any pinmarble game, or for any person, as owner of said machine, manager, clerk, dealer, agent or employee of any establishment where any such machine is located, to permit any person under the age of 21 years to play any pinmarble game on any premises within the city. (Ord. 1045 § 3, 1977: Ord. 459 § 2, 1941. Prior code § 4.18.080)
5.40.080 Minors – Permitted play.
It is not unlawful for any person under the age of 21 years to play any amusement machine, device, apparatus, skilled ball game or any combination amusement and vending machine, table or board if all of the following conditions are met:
A. In buildings where persons under the age of 21 years are permitted to operate the machines, there shall be a limit of one licensed machine for each 50 persons, as established by the occupancy permit, which is determined by the city building inspector, with a limit of eight licensed machines for any establishment, except religious or educational institutions.
B. Persons under the age of 21 years are not permitted to operate machines in establishments where persons over the age of 21 years are allowed to gamble, either in the same room or in another part of the building.
C. The machines shall not be in operation during regular school hours, except for those machines located in a religious or educational institution.
D. The machines shall not be the main source of income to the operator of the business establishment wherein the machines are located.
E. The machines may only be operated by persons under the age of 21 years in establishments during the regular business hours of the business located on the premises wherein the machines are located. (Ord. 1045 § 4, 1977. Prior code § 4.18.090)
5.40.090 Violation – Penalty.
Any person, firm, corporation or association who violates any of the provisions of this chapter shall upon conviction thereof be fined in any sum not exceeding $300.00. (Ord. 1045 § 5, 1977: Ord. 426 § 7, 1935. Prior code § 4.18.070)