Chapter 5.06

5.06.010    Definitions.

5.06.020    Tally counter.

5.06.030    Reading tally counter.

5.06.040    Penalty.

5.06.010 Definitions.

Unless it is otherwise clear from the context, the following terms shall have the meanings ascribed to them in this section:

(1)    "Coin-operated viewing machine" means any projector, machine, television or other device which displays for viewing motion pictures, projection slides, filmstrips, photographic pictures, videotapes or drawings, and which is operated by the viewer, or for the viewer, by means of inserting a coin into the device, an attachment thereto, an enclosure surrounding such device, or any other device electronically or mechanically connected thereto; provided, however, that such term does not include an electronic video game of skill wherein the image is created, generated or synthesized electronically, or coin-operated television receivers which display commercial or public service broadcasts.

(2)    "Coin" means any physical object, including, but not limited to, a piece of metal issued by the federal government as money or any slug or object issued in exchange therefor.

(3)    "Person" means any individual, partnership, corporation or association. (Ord. 914 § 2 (part), 1979).

5.06.020 Tally counter.

Each coin-operated viewing machine owned, operated or maintained within the city shall permanently attached thereto a tally counter which will count each coin deposited into such coin-operated viewing machine and which will also accumulate such count or the accumulated amount of money deposited in such coin-operated viewing machine. Such tally counter shall be resistant to tampering, and shall not be capable of being reset to a lower number, and shall display the count in such manner that the accumulated total is readily visible near the coin insertion slot of each coin-operated viewing machine. The type of tally counter installed pursuant to this section shall be approved in advance of installation by the city finance director or his designee. (Ord. 914 § 2 (part), 1979).

5.06.030 Reading tally counter.

From time to time, but not less often than once each month, the city finance director or his designee shall check each tally counter installed in a coin-operated viewing machine hereunder to determine:

(1)    That the tally counter upon such machine is properly attached and in good working order; and

(2)    The total amount of money which has been deposited into each such machine.

Notwithstanding any other provision of this chapter, no peace officer, as defined in Section 830 of the Penal Code, shall check such tally counter. (Ord. 914 § 2 (part), 1979).

5.06.040 Penalty.

Pursuant to subsection (c) of Section 50028 of the Government Code, any person who violates the provisions of this chapter shall be subject to a civil penalty not to exceed ten thousand dollars for each such machine and each day in which such violation occurs. In determining the amount of such penalty, the court shall take into consideration the matters set forth in Section 50028 of the Government Code. (Ord. 914 § 2 (part), 1979).