Chapter 5.20
COIN-OPERATED
AMUSEMENT DEVICES
Sections:
5.20.010 Definitions.
5.20.020 Machine license – Required.
5.20.030 Machine license – Fee.
5.20.040 Master license – Required.
5.20.050 Master license – Application – Issuance.
5.20.060 Master license – Refusal or revocation.
5.20.070 Master license – Revocation – Appeal.
5.20.080 Gambling prohibited.
5.20.010 Definitions.
A. “Amusement device” means a game played for entertainment in which: (1) the contestant actively participates; (2) the outcome depends in a material degree upon the skill of the contestant; (3) only merchandise prizes are awarded; (4) the outcome is not in the control of the operator; (5) the wagers are placed, the winners are determined, and a distribution of prizes or property is made in the presence of all persons placing wagers at such game. “Amusement device” also includes any table or device used for playing billiards or pool upon insertion of a coin, trade check or slugs.
B. “Person” means and includes any corporation, partnership, or association. (Ord. 2649 § 1, 2012; Ord. 1086 § 1, 1971).
5.20.020 Machine license – Required.
It is unlawful for any person, firm, or corporation to maintain, or permit to be operated or played for use or play by the public in any place or establishment, any amusement device without a valid, current machine license for each device or machine. (Ord. 1086 § 3, 1971).
5.20.030 Machine license – Fee.
A license fee of $5.00 per month shall be paid in advance to the City Clerk by the licensee for each month for which the license is issued, for each amusement device, game of chance, or game of skill. No portion of a license fee shall be refunded in the event of cancellation or revocation. The license shall not be transferable. (Ord. 1086 § 4, 1971).
5.20.040 Master license – Required.
No person shall keep, maintain, or operate a coin-operated amusement device as defined in this chapter without first securing a master license, except that master license shall not be required of any owner or operator of any business operating within the City under a valid State Liquor Control Board license or valid City cabaret license, where the amusement device is owned by such licensee and located on the licensed premises. A master license may be issued upon the approval of the application as provided in this chapter and upon the payment of $150.00 per year to the City Treasurer. A master license shall not be deemed to be an exclusive franchise to operate within the City under this chapter. (Ord. 1086 § 2, 1971).
5.20.050 Master license – Application – Issuance.
Application for such master license shall be made to the City Clerk and shall contain such information as the City Clerk requests. The City Clerk shall request an investigation by the Chief of Police. The Chief of Police shall verify the statements contained in the application; and shall complete a background investigation of the applicant and of any persons having an interest in the business of the applicant; and shall provide the City Clerk with a report in writing of the complete results of his investigation together with this recommendation as to the granting of such license. If, after such investigation, the City Clerk determines that the applicant is a person of good moral character, has never been convicted of a crime of moral turpitude, and that the applicant’s experience, financial responsibility and moral fitness are such as to warrant the belief that the operation of such machine will not injuriously affect the morals and welfare of the people of the City, and upon payment of the license fee as required by this chapter, the City Clerk shall issue such license. (Ord. 1086 § 5, 1971).
5.20.060 Master license – Refusal or revocation.
The City Clerk may refuse to issue a master license, or she may cancel or revoke any such license after it has been issued, if she shall learn that the same was procured by fraud or false representation of facts, or that the applicant or licensee has failed to comply with the provisions and requirements of this chapter, or has violated any provision thereof, or for any other reason which, in the opinion of the City Clerk, will be detrimental to the public peace, health, or welfare. The power to revoke includes the power to suspend a license for a definite period of time. Before initiating any action authorized in this section and IMC 5.20.070, the City Clerk shall make a written record of her findings, specifying therein the particulars in which this chapter has been violated or other basis for cancellation, revocation, or suspension. Such action by the City Clerk shall not relieve the licensee from liability for punishment under the penalties provided in this chapter. (Ord. 1086 § 6, 1971).
5.20.070 Master license – Revocation – Appeal.
Any licensee whose license is revoked, cancelled or suspended shall have the right to appeal to the City Administrator from such revocation, cancellation or suspension. The procedures for filing and hearing such appeal shall be as set forth in Chapter 1.32 IMC. (Ord. 1645 § 2, 1984; Ord. 1086 § 6, 1971).
5.20.080 Gambling prohibited.
It is unlawful to sell, operate, use or permit to be operated or used, or to possess, exhibit or display with the intent that the same shall be sold, operated or used, any amusement device which may be used for gambling or for playing a game of chance or to sell or to display for the purpose of sale, or to keep, maintain or operate, or permit to be kept, maintained or operated, any such amusement device which is constructed to or which may be used to pay off in cash, trade checks, tokens or in any manner whatsoever; provided, however, that “claw” or “crane” amusement devices are not prohibited if properly licensed. (Ord. 2649 § 2, 2012; Ord. 1086 § 7, 1977).