Chapter 5.08
AMUSEMENT DEVICES
Sections:
5.08.010 Definitions.
5.08.020 License required.
5.08.030 License fees.
5.08.040 Master arcade license.
5.08.050 License expiration.
5.08.060 Temporary licenses.
5.08.070 City fee exemption.
5.08.080 Application for license.
5.08.090 Appeal of denial.
5.08.100 Proration of annual license fee.
5.08.110 Seizure procedure.
5.08.120 Violation – Penalty.
5.08.010 Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Amusement device means any machine or device which provides recreation or entertainment for which a charge is made for use or play, and includes but is not limited to, pool and billiard tables, shuffleboards, music machines, video games, pinball games, mechanical bulls and other riding devices, and devices for display of pictures or views on films. The term “amusement device” does not mean or include any machine or device used exclusively for the vending of merchandise.
Owner of an amusement device means a person who has legal title to the device, or a person who as purchaser is entitled to possession under a retained title contract, conditional sales agreement, vendor’s lien agreement or other legal purchase agreement.
Person means any individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, or other legal entity or group of persons however organized.
(Ord. No. 2381, § 1; Ord. No. 3027, § 1(5.19.010), 2-19-92. Formerly Code 1986, § 5.19.010)
Cross reference(s) – Definitions and rules of construction generally, § 1.01.030.
5.08.020 License required.
It is unlawful for any person to display any amusement device, which is available for use by the public, without first obtaining and displaying an amusement device license issued in accordance with the provisions of this chapter. The license shall be publicly displayed so that it is readily visible. The number of amusement devices displayed on the premises shall correspond to the number of devices authorized by the amusement device license.
(Ord. No. 2629, § 1. Formerly Code 1986, § 5.19.020)
5.08.030 License fees.
The fee for any amusement device shall be fifty dollars ($50) per year, per device. The fee for pool or billiard tables shall be consistent with KCC 5.02.030.
(Ord. No. 2381, § 1; Ord. No. 2629, § 2; Ord. No. 3027, § 1(5.19.030), 2-19-92. Formerly Code 1986, § 5.19.030)
5.08.040 Master arcade license.
A. In addition to the license and fees required in KCC 5.08.030, there is hereby established a master license, to be known as a master arcade license. The fee for a master arcade license shall be five hundred dollars ($500) per year.
B. Any person who operates a business where income is derived solely from the operation and use of more than ten (10) amusement devices at one (1) location shall be required to obtain a master arcade license or will be found in violation of the law.
C. Master arcade licenses shall be publicly displayed on the premises during the time of arcade operations.
D. Master arcade licenses expire annually on December 31.
(Ord. No. 2381, § 1; Ord. No. 3027, § 1(5.19.040), 2-19-92. Formerly Code 1986, § 5.19.040)
5.08.050 License expiration.
Amusement device licenses expire annually on December 31.
(Ord. No. 2381, § 1. Formerly Code 1986, § 5.19.050)
5.08.060 Temporary licenses.
A. The fee for any temporary amusement device license shall be ten dollars ($10) per device.
B. A master arcade license shall not be required for temporary use of more than ten (10) amusement devices at one (1) location.
C. Temporary use for the purpose of the fees and exemptions of this section means the operation of amusement devices at a licensed fair, carnival, circus, or similar event, the duration of which does not exceed fourteen (14) days.
(Ord. No. 2381, § 1; Ord. No. 2411, § 1; Ord. No. 2629, § 3. Formerly Code 1986, § 5.19.054)
5.08.070 City fee exemption.
City facilities, and amusement devices owned by the city and operated at city facilities, are exempt from the fees required by KCC 5.08.030 and 5.08.040.
(Ord. No. 2381, § 1. Formerly Code 1986, § 5.19.055)
5.08.080 Application for license.
A. The application for license shall be made to the city, in such form and containing such information as the city may require and on forms to be furnished by the city to the applicant. The application forms shall contain, among others, the following information:
1. The name of the applicant and persons who have an interest in the business or entity of such applicant;
2. The residence and business address of the applicant and owner or owners;
3. Whether any such license previously issued by the city or any other governmental entity has ever been suspended, revoked or cancelled; if so, for what cause and the dates and circumstances;
4. Whether the applicant for a master arcade license or owner or owners, has been convicted of any felony or any misdemeanor or gross misdemeanor involving moral turpitude or minors within five (5) years of the application.
B. Upon receipt of a completed application form, an investigation shall be made into all matters contained in the application and incidental thereto.
C. Applications for master arcade licenses shall be forwarded to the chief of police to make an investigation concerning subsection (A)(4) of this section. The chief of police shall complete such investigation and shall within thirty (30) days furnish a written report containing the results of his investigation and shall make therein his recommendation whether or not such license should be granted.
D. Upon the completion of the investigation, and review of the recommendation of the chief of police, and determination that all matters contained in the application are true and correct and that this chapter has been complied with, such license shall be issued in accordance with the provisions with this chapter. The applicable license fees, together with any delinquent fees that may then be due shall be paid to the finance director.
E. No license shall be granted to any person who, within five (5) years of the application for such license, has been convicted of any felony or of any misdemeanor or gross misdemeanor involving moral turpitude or minors.
F. The finance director shall notify an applicant, upon denial of a license, of such denial and the right to appeal pursuant to KCC 5.08.090. Notice shall be by United States mail, postage prepaid, to the business address of the applicant, and shall be effective on the date of deposit in the mails.
(Ord. No. 2381, § 1. Formerly Code 1986, § 5.19.060)
5.08.090 Appeal of denial.
An applicant shall be given a hearing before the city council upon application therefor, made within fourteen (14) calendar days of notice of license denial, to then present such reasons as the applicant may have that the finance director should reconsider the action of license denial.
(Ord. No. 2381, § 1. Formerly Code 1986, § 5.19.070)
5.08.100 Proration of annual license fee.
The license fee for amusement devices or master arcade license fee shall be one-half of the annual license fee should the amusement devices or arcade be operated only during the last six (6) months of an annual license period.
(Ord. No. 2381, § 1; Ord. No. 2629, § 4. Formerly Code 1986, § 5.19.080)
5.08.110 Seizure procedure.
A. Any device found in violation of KCC 5.08.020 shall be subject to confiscation by the chief of police and/or his designate, which shall include all members of the police department.
B. No amusement device so confiscated shall be returned to the owner or licensee thereof until all applicable license or replacement fees have been paid together with any costs incurred by the city as a result of such confiscation.
C. No device which carries a federal gambling stamp shall be licensed or authorized under the provisions of this chapter.
(Ord. No. 2381, § 1. Formerly Code 1986, § 5.19.100)
5.08.120 Violation – Penalty.
Any person violating any of the provisions of this chapter shall be punishable by a fine of up to five hundred dollars ($500) or imprisonment for a period of up to one hundred eighty (180) days, or by both such fine and imprisonment.
(Ord. No. 2381, § 1. Formerly Code 1986, § 5.19.110)