Chapter 4.28
AMUSEMENT DEVICES
Sections:
4.28.020 Amusement device license required.
4.28.050 Prohibited within three hundred feet of schools.
4.28.010 Definitions.
“Amusement device” means any machine or device designed to be operated or used for playing a game upon the insertion of money, a coin, trade check, or slug, as hereinafter provided, and which is played or operated only for amusement and entertainment, and includes the following: shuffleboards, mechanical music machines, pool tables, flipper games, baseball machines, bowling games, guns and rifles, riding devices for not more than two persons, panorama or peep shows, electronic games, or other games, operated by inserting a coin, or operated by remote control or with a timing device, but shall not mean or include any machine or device used exclusively for the vending of merchandise.
“Operator” means any person who owns and exhibits for use, play or operation and who leases or rents to or places with others any amusement device for use, play or operation.
“Person” means and includes one or more person of either sex; corporations, including not for profit corporations and municipal corporations; partnerships, including limited partnerships; associations, joint ventures or any other entity capable of having an action of law brought against such entity. (Ord. 1366 § 1 (part), 2003: Ord. 667 § 1, 1969)
4.28.020 Amusement device license required.
It shall be unlawful for any person to display, exhibit, or expose, or permit to be displayed, exhibited, or exposed for the purpose of use, play, or operation, or permit to be used, played, or operated for profit, any amusement device without having a valid license which shall designate the number of such devices which may be exhibited, exposed, used, or played. (Ord. 1366 § 1 (part), 2003)
4.28.025 Procedure.
Application for an amusement device license shall be made in writing to the Sumas city clerk-treasurer upon the form provided by the clerk-treasurer. The application shall identify and describe the amusement device or devices, the number thereof, the address where such amusement device or devices are located within the city, and the name and address of the owner or applicant, together with such other information as requested by the city clerk-treasurer. (Ord. 1366 § 1 (part), 2003)
4.28.030 License term—Fee.
(a) Term. Amusement device licenses required to be obtained pursuant to this chapter shall be issued on a calendar year basis and shall expire on December 31st for the year on which they are issued.
(b) Fees. Fees for the annual license issued hereunder shall be as follows: there shall be no fee for an amusement device license required under this chapter. (Ord. 1366 § 1 (part), 2003)
4.28.035 Limitations.
It is unlawful for a person to operate any amusement device where as a reward things of value are given or a reward for a certain score is given unless the reward shall be extra plays or extra time on the amusement device. This section shall not apply to tournaments designated as such where there is an entry fee for the tournament and the prizes are paid out of the entry fees. (Ord. 1366 § 1 (part), 2003: Ord. 772 § 2, 1979)
4.28.050 Prohibited within three hundred feet of schools.
No location amusement device license shall be issued for, nor shall any amusement device be used or operated in, any building or place within three hundred feet of the grounds or building of any school; provided, that licensed devices for the production of music only shall be exempt from this section. (Ord. 667 § 5, 1969)
4.28.060 Penalties.
Any person violating or failing to comply with any provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed one thousand dollars or imprisonment in jail not to exceed ninety days or by both such fine and imprisonment. Each day of violation shall constitute a separate offense. (Ord. 1366 § 1 (part), 2003: Ord. 667 § 6, 1969)
4.28.070 Additional remedies.
In addition to the penalties provided in this chapter, the city may seek an injunction prohibiting the person from engaging in any activity in violation of this chapter. In addition, any license issued pursuant to this chapter shall be revoked. (Ord. 1366 § 1 (part), 2003)