Chapter 5.06
AMUSEMENTS
Sections:
5.06.030 License--Classes and fees.
5.06.032 Exceptions to Section 5.06.030.
5.06.035 Effective date for Sections 5.06.010 and 5.06.030.
5.06.040 License--Issuance and transfer.
5.06.060 Penalty for violation.
5.06.010 Definitions.
When used in this chapter, the following words and phrases shall be given the following definitions:
A. "Amusement device" means any machine or device designed to be operated or used by the public essentially for amusement or entertainment and which is operated or capable of being operated by the insertion or deposit of a coin or other objects. The term shall include by way of representation and not by way of limitation, the following:
1. Pin and ball machines;
2. Electronic game machines;
3. Shuffleboard, "bowling," or similar devices, but specifically not including a bowling alley;
4. Pool table,
The term shall not mean or include any machine or device used exclusively for the vending of merchandise.
B. "Distributor" means any person who sells, leases, or rents to or places with others any amusement device for use, play or operation by the public.
C. "Owner" means any person who owns any amusement device in such person’s own place of business and holds the same for play or operation by the public.
D. "Operator" means any person who agrees to or allows the placement and operation of amusement devices in the place of business for use, play or operation by the public. (Ord. 743 §1, 1982: Ord. 741 §1, 1981).
5.06.020 License--Required.
From and after the effective date of the ordinance codified in this chapter, it shall be unlawful for any person within the city to sell, lease, distribute or place; or offer to sell, lease, distribute, or place; or to operate, or permit to be operated or used, or to have possession with intent that the same shall be operated or used by the public, any amusement device without having first obtained a license therefor. (Ord. 741 §2, 1981).
5.06.030 License--Classes and fees.
A. Licenses shall be divided into the following classes and the license fee for each class shall be as follows:
I. Operator’s license, possession of a valid business license issued by the city.
2. Owner’s license, possession of a valid business license issued by the city and the payment of twenty-five dollars for each amusement device owned and operated.
3. Distributor’s license, possession of a valid business license issued by the city and twenty-five dollars for each amusement device placed and operated by the distributor within the city.
B. The licenses shall be annual licenses being valid from January 1st, through December 31st, of each year. All license fees shall be payable annually in advance; provided, that the licenses may be prorated for the portion of the year remaining from the date of application. In the event that a license is surrendered or is revoked for cause, no part of the license fee shall be refunded.
C. For purposes of determining the number of machines which are licensed, the operator, owner or distributor shall be deemed to have a license for an amusement device which shall be effective until the 31st day of December of the year in which it is purchased and may be transferred by the operator, owner or distributor from one amusement machine owned or operated by the operator, owner or distributor within the corporate limits of the city to another such machine, it being the intent of the city that this provision shall allow for the replacement or rotation of machines within the corporate limits of the city, but in no event shall any machine be placed for operation within the corporate limits of the city without the possession of the appropriate license. (Ord. 838 §26, 1987: Ord. 743 §2, 1982: Ord. 741 §3, 1981).
5.06.032 Exceptions to Section 5.06.030.
The business license required by Section 5.06.030 shall not be required of businesses meeting the following criteria:
A. Their business activities in the community are solely related to participation in a multi-day community-wide event sponsored by a bona fide nonprofit organization or subsidiary or adjunct thereof;
B. Their participation is certified to by the sponsoring agency;
C. Their presence in the community for business purposes does not exceed three calendar days in any calendar year. (Ord. 838 §27, 1987).
5.06.035 Effective date for Sections 5.06.010 and 5.06.030.
The provisions of Sections 5.06.010 and 5.06.030 shall be deemed remedial and shall be deemed effective upon the first day of January, 1982, to the effect that they allow for and provide for refund of any moneys to any applicant who has obtained appropriate licensing. (Ord. 743 §3, 1982).
5.06.040 License--Issuance and transfer.
Licenses shall be issued upon written application to the city clerk-treasurer. Each such application shall state the name of the operator and/or owner, designate the place or location where each amusement device is to be operated, shall describe each such amusement device with sufficient particularity to enable such device, if a license is issued, to be identified, and shall contain such other information as may from time to time be specified by clerk-treasurer. The license shall be. of such form and contain such information as may be determined appropriate by the clerk-treasurer. Licenses issued under this chapter shall not be transferable from one person or machine except upon surrender thereof to the clerk-treasurer and the issuance of a new license in lieu thereof to the transferee covering the same period and upon the payment of a fee of twenty-five dollars to cover the expense thereof. (Ord. 741 §4, 1981).
5.06.050 License--Display.
The license shall be displayed at all times upon the machines. The city council may at any time for cause revoke a license issued under this chapter. Good cause shall include, but not be limited to, commission or the allowance of commission of any violation of the criminal laws and Ordinances of the city, county, state or nation. (Ord. 741 §5, 1981).
5.06.060 Penalty for violation.
Any person violating the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as provided for in Section 1.28.010. (Ord. 741 §6, 1981).