Chapter 5.09
Amusement Machines and Amusement Centers

Sections:

5.09.010    Amusement machines--License--Fee.

5.09.020    Amusement machines--Tax.

5.09.030    Amusement centers--Prohibited--Penalty.

5.09.010 Amusement machines--License--Fee.

(a) An amusement machine, within the meaning of this chapter, shall include any coin-operated device which is operated primarily for amusement or entertainment and in which one or more individuals participate by manipulation of levers, buttons, or other attachments intended to affect the result obtained or produced.  An amusement machine shall not be deemed to include a device which provides goods, music, or services without active participation by an operator other than insertion of a coin. 

(b) No person shall make available for, or permit the operation of amusement machines in any place open to public access, including retail stores, within the City of DuPont without having first secured a license therefor from the Clerk-Treasurer. 

(c) Each such license shall be in effect for the calendar year in which it is issued, and shall be applied for and granted upon forms to be supplied by the Clerk-Treasurer. 

(d) The annual license fee shall be $40.00 per amusement machine, payable on issuance of the license. 

(e) Any person, firm, or corporation in violation of 5.09.070, shall be guilty of a gross misdemeanor, and upon conviction thereof, shall be punished by a fine, not to exceed $300.00, or by imprisonment not to exceed thirty (30) days or both, for each offense.  (Ord. 262 §§ 1--4, Apr. 8th, 1981; Ord. 327 § 1, March 12th, 1986).

5.09.020 Amusement machines--Tax.

(a) There is hereby imposed upon every person engaging in the operation of amusement machines in the City of DuPont a tax equal to the gross income derived therefrom within the City, multiplied by twenty-five (25%) percent.

(b) Any person, firm, or corporation in violation of this section shall be guilty of a gross misdemeanor, and upon conviction thereof, shall be punished by a fine, not to exceed $300.00, or by imprisonment not to exceed thirty (30) days, or both, for each offense.  (Ord. 263 §§ 1, 2, Apr. 8th, 1981).

5.09.030 Amusement centers--Prohibited--Penalty.

(a) An amusement machine, within the meaning of this chapter, shall include any coin-operated device which is operated primarily for amusement or entertainment and in which one or more individuals participate by manipulation of levers, buttons, or other attachments intended to affect the result obtained or produced.  An amusement machine shall not be deemed to include a device which provides goods, music, or services without active participation by an operator other than insertion of a coin.

(b) The installation of more than two amusement machines in any place open to public access, including retail stores, constitutes establishment of an amusement center.

(c) Amusement centers are hereby prohibited.

(d) Any person, firm, or corporation maintaining or operating an amusement center in violation of this section shall be guilty of a gross misdemeanor, and, upon conviction thereof, shall be punished by a fine, not to exceed $300.00, or by imprisonment, not to exceed 30 days, or both, for each offense.  (Ord. 265 §§ 1--4, May 13th, 1981).