Chapter 5.20
AMUSEMENT MACHINES
Sections:
5.20.030 Machine registration – License and fee.
5.20.050 License tax additional to others.
5.20.060 License tax constitutes debt to municipality.
5.20.070 Impact on outstanding license.
5.20.080 Revocation of license – Appeals.
5.20.090 Administration, inspections, and audits.
5.20.010 Definitions.
For the purpose of this chapter the following definitions shall apply:
(1) “Electronic amusement device” means any electronic device or machine displayed for public use in a public place which can be activated by insertion of a coin or coins or tokens by the player (or by a person who operates the machine upon payment of some sum to him or her by or for a player of the machine) and which then plays a game or allows a game to be played by the player, whether or not the player can win any prize by such play.
(2) “Mechanical amusement device” means any game or device such as a marble game, lawful “pinball machine,” shuffleboard game, mechanical bowling game, foosball game, or other similar amusement device displayed for public use in a public place which can be activated by insertion of a coin or coins or tokens by the player (or by a person who operates the machine upon payment of some sum to him or her by or for a player of the machine) and which then plays a game or allows a game to be played by the player, whether or not the player can win any prize by such play.
(3) “Mechanical music device” means any mechanical device designed and constructed so that upon the insertion of any coin or token the device will operate to produce music or speech.
(4) “Person” means and includes any individual, firm or partnership, organization, corporation, or other association of individuals either natural or legal, both singular and plural. The use of the masculine pronoun in this chapter includes the feminine or the neuter.
(5) “Public place” means any place open to the public generally but including private clubs.
(6) “Vending machine” means and includes all automatic devices and machines wherein a coin may be deposited and the customer receives a specific article of merchandise or a service of the reasonable value of the consideration paid therefor. [Ord. VIII-6-2 § 2, 1985.]
5.20.020 License required.
No person shall maintain or permit to be operated in any location in the city under his or her immediate control, for a consideration of value or for no charge, any electronic amusement device or mechanical amusement device or any mechanical music device without first procuring the licenses and paying the license fees therefor as hereinafter provided, and in all other respects complying with the provisions of this chapter. It is unlawful for anyone to display in any public place any mechanical or electronic amusement machine or any mechanical music machine unless such machine has first been licensed under this chapter and unless the business location license required under Chapter 5.05 LCMC has first been obtained and is prominently displayed in public view. [Ord. 2019-21 Exh. 1, 2019; Ord. VIII-6-2 § 3, 1985.]
5.20.030 Machine registration – License and fee.
Before any machine or device defined within this chapter is displayed in any public place, a machine shall be registered with the city clerk/treasurer and a “machine license” shall have been issued in a form prepared by the clerk/treasurer’s office and containing a separate city number. Such license shall be displayed in a publicly visible place on each machine. Registration shall be on a form or forms to be prepared by the city clerk/treasurer. Upon submission of such application and the payment of the license fee, the city clerk/treasurer shall issue a license for such machine or device. For each such license there shall be collected an annual machine license fee of $37.50, to be valid for the balance of the calendar year in which issued. Such license shall not be transferred from one person to another. Such license shall be considered as personal to the licensee. [Ord. VIII-6-2 § 4, 1985.]
5.20.040 License posting.
It shall be the duty of the licensee to prominently display such location license required herein in plain view of the public in the location licensed. [Ord. VIII-6-2 § 5, 1985.]
5.20.050 License tax additional to others.
The license tax herein levied shall be in addition to any license fee or tax imposed or levied under any law or any other ordinance of the city of La Center, except as herein otherwise expressly provided. It is the intent of this chapter that pool and billiard tables not be licensed or regulated hereunder, but be dealt with by separate ordinance. [Ord. VIII-6-2 § 7, 1985.]
5.20.060 License tax constitutes debt to municipality.
Anyone who fails to make timely application for the application for the licenses required under this chapter or who fails to remit all the fees due hereunder shall, in addition to criminal penalties provided for in this chapter, be civilly liable to the city for any amount due under this chapter which has not been paid in a timely manner and the city attorney may bring suit therefor. This remedy shall be in addition to all other existing remedies available to the city. [Ord. VIII-6-2 § 8, 1985.]
5.20.070 Impact on outstanding license.
This chapter shall not impact or invalidate existing and outstanding licenses for electronic amusement devices, mechanical amusement devices, mechanical music devices, and location licenses effective at the time of adoption and issued pursuant to La Center Ordinance No. VIII-5-2. This chapter shall be prospective only and shall apply only to new licenses issued as required by its terms. All previous licenses for electronic amusement devices, mechanical amusement devices, mechanical music devices, and location licenses issued under La Center Ordinance No. VIII-5-2 shall continue in full force and effect and shall expire according to their terms. [Ord. VIII-6-2 § 9, 1985.]
5.20.080 Revocation of license – Appeals.
The city clerk/treasurer may revoke any license issued under this chapter if he finds that the holder thereof has failed to pay any fee due under this chapter or has violated any provision of this chapter. Such revocation shall be in writing addressed to the holder and mailed to the address shown on the license application. The revocation shall be effective upon expiration of five days from mailing. The licensee may appeal such action by the city clerk/treasurer to the city council by written notice to the clerk/treasurer within 10 days, but such appeal shall not stay the effect of such revocation. The council shall hear such appeal within 30 days of receipt by the clerk/treasurer of the notice of appeal and shall hear from the licensee and city staff and may receive such evidence as it finds is material and then shall promptly make a decision either sustaining, modifying and reversing the action of the clerk/treasurer, and its action shall be final. Such revocation and/or appeal shall not affect the right of the city to pursue criminal and civil penalties under this chapter. [Ord. VIII-6-2 § 10, 1985.]
5.20.090 Administration, inspections, and audits.
The city clerk/treasurer or his designee may require any information from any applicant or licensee as he finds is reasonably necessary to administer and enforce this chapter and may make such inspections and audits as he finds are necessary. The city clerk/treasurer or his designee may inspect any records of any applicant or licensee as are necessary to administer this chapter and any licensee and/or the operator of any location having a machine as defined in this chapter shall allow the city clerk/treasurer at any reasonable time to make inspections and shall fully cooperate. [Ord. VIII-6-2 § 11, 1985.]
5.20.100 Violation – Penalty.
Any person violating or failing to comply with any of the terms or provisions of this chapter, upon conviction thereof, is guilty of a misdemeanor, and any person so convicted shall be punished by a fine not to exceed $500.00, or by imprisonment not to exceed 90 days, or by revocation of the license herein provided for, or by any and all of the same. Each day of violation shall be deemed to be a separate violation. [Ord. VIII-6-2 § 6, 1985.]