Chapter 5.16


5.16.010    Definitions.

5.16.020    License required.

5.16.030    Application – Investigation.

5.16.040    Fee.

5.16.050    Issuance – Sticker.

5.16.060    Posting license – Nontransferability – Term.

5.16.070    Agent of licensee.

5.16.080    Increase in number of machines.

5.16.090    Revocation of license.

5.16.100    Violation – Confiscation.

5.16.110    Violation – Misdemeanor – Civil debt.

5.16.010 Definitions.

As used in this chapter:

A. “Coin-operated amusement device” means any amusement machine or device operated by means of the insertion of a coin, token or similar object for the purpose of amusement or skill and for the playing of which a fee is charged. The term includes any machine or instrument designed and used for the reproduction of sound and/or pictures or visual entertainment, excluding, however, coin-operated radios or television sets in private quarters.

B. “Owner/operator” means any person, firm, corporation, partnership or association who or which owns and operates or sets up for operation by another or leases or distributes for the purposes of operation by another, any device or machine as defined in this section, whether such setting up for operation, leasing or distributing is for a fixed charge or rental or on the basis of a division from the income derived from such device or otherwise.

C. “Proprietor” means any person, firm, corporation, partnership, association or club who or which, as owner, lessee or proprietor, controls any establishment, place or premises in or at which such devices or machines as are defined in this section are placed or kept for use and play or on exhibition for the purposes of use or play. (Ord. 282 § 1, 1982)

5.16.020 License required.

No person, firm or corporation shall engage in the business of an owner/operator of coin-operated amusement devices as those terms are defined in this chapter without first having obtained a proper license therefor. (Ord. 282 § 2, 1982)

5.16.030 Application – Investigation.

A. Application for a license under this chapter shall be filed in writing with the city clerk on a form to be provided by the city and shall specify:

1. The name and address of the applicant, and if a firm, corporation, partnership or association, the principal officers thereof and their addresses;

2. The name(s) and address(es) of the premises where the licensed device(s) are to be operated.

B. The proper license fee shall accompany each application. Upon receipt, the city clerk shall make or cause to be made an investigation of the applicant as may be deemed necessary. No person of questionable moral character or firm or corporation having members, shareholders, directors or trustees of questionable moral character shall be entitled to hold such license. “Questionable moral character” includes, but is not limited to, any person, firm or corporation convicted in the municipal court of the city of violating any of the provisions of this chapter or of any ordinance of the city relating to disorderly conduct or of any ordinance of the city relating to intoxicating liquors, drugs or controlled substances, or who has been convicted in any state or federal court relating to gambling or the manufacture, possession, sale, barter, exchange, giving away, furnishing or otherwise disposing of or keeping intoxicating liquors, drugs or controlled substances.

C. The mayor shall have final authority to determine whether an applicant shall be granted a license. (Ord. 282 § 4, 1982)

5.16.040 Fee.

The coin-operated amusement device license fee shall be as established periodically by city council resolution, per each device up to a total of two devices per establishment. (Ord. 787 § 1, 1999; Ord. 439 § 3, 1989; Ord. 326 § 11, 1984; Ord. 282 § 3, 1982)

5.16.050 Issuance – Sticker.

If the application is approved, the license shall be issued by the city clerk. Each amusement device placed into operation shall have affixed thereto by the licensee a sticker or label issued by the city clerk showing the name of the owner and such other additional information as may be required by the city. (Ord. 282 § 4, 1982)

5.16.060 Posting license – Nontransferability – Term.

Any license issued by the city under the provisions of this chapter shall be posted in a conspicuous place in the establishment of the licensee. Such license shall be nonassignable and nontransferable. All licenses obtained in accordance with this chapter shall expire on January 31st following their issuance. (Ord. 282 § 4, 1982)

5.16.070 Agent of licensee.

Every applicant or license holder under this chapter shall designate an agent who is and shall continue to be a resident of the county, and who is one upon whom legal process can validly and effectively be made. (Ord. 282 § 4, 1982)

5.16.080 Increase in number of machines.

If an owner/operator after payment of license fees for any calendar year desires to increase the number of devices or machines to be used, played or exhibited for use or play, such owner or operator shall render his or her license to the city clerk, who, upon payment of the proper license fee therefor, shall issue a new license showing the number of devices licensed thereunder. (Ord. 282 § 5, 1982)

5.16.090 Revocation of license.

Any license issued under this chapter may be revoked by resolution of the city council. In the event of revocation, the resolution shall provide for a refund to the licensee of a pro rata share of the license fee representing that portion of the year for which the license is revoked or invalidated. (Ord. 282 § 6, 1982)

5.16.100 Violation – Confiscation.

In addition to other penalties provided in this chapter, the city shall have the authority to confiscate and take into its possession any device located in the city, required to be licensed under this chapter, which has not been so licensed, and all costs and expenses of such confiscation shall be collectible from the owner; provided, however, that if after confiscation the owner has not complied with the terms of this chapter within three months the city shall have authority to dispose of the confiscated device as it may see fit, without further obligation to the owner. (Ord. 282 § 7, 1982)

5.16.110 Violation – Misdemeanor – Civil debt.

The violation of any of the terms of this chapter is a misdemeanor and subject to all fines and penalties as provided by state law as such. Notwithstanding the foregoing, the license fees provided in this chapter constitute a civil debt which may be forced by civil action, including all reasonable costs and reasonable attorneys’ fees of collection. Violation of this chapter is punishable through action by uniform citation issued to and through the municipal court. (Ord. 282 § 8, 1982)