Chapter 5.16
AMUSEMENT DEVICES
Sections:
5.16.020 License – Required for amusement devices.
5.16.030 License – Fee for amusement devices.
5.16.040 License – Required for pool, shuffleboard and jukeboxes.
5.16.050 License – Fee for pool, shuffleboard and jukeboxes.
5.16.060 Multiple-coin bingo-type pinball machine – Unlawful.
5.16.070 Regulations regarding location of amusement gamerooms – Distance to schools.
5.16.090 License requirement – Amusement device.
5.16.110 License – Annual fee required.
5.16.120 Authority to inspect premises.
5.16.130 Application for business license to operate amusement gamerooms.
5.16.140 Business operator’s license – Investigation and issuance.
5.16.150 Exhibition of license required.
5.16.160 Duty of police to enforce.
5.16.180 Revocation of license.
5.16.200 Noncompliance with rules and regulations of this chapter.
5.16.210 Applicability of this chapter if portion thereof found invalid.
5.16.010 Definitions.
For the purpose of this chapter, the following words have the meaning described in this section:
(1) “Amusement device” means any machine, game or apparatus designed to test the skill of the person or persons operating said device, i.e., video games, flipper machines, foosball.
(2) “Amusement device operator” means any person owning amusement devices which are installed, maintained or operated at a place of business of another, regardless of whether devices are leased, rented, or placed at the location of another.
(3) “Amusement parlor” means any business operating primarily to provide access to amusement devices for the public.
(4) “Business operator” means the person responsible for the operation of an amusement parlor, or a person who owns or operates a business wherein amusement devices are installed for operation. (Ord. 707 § 2, 1979)
5.16.020 License – Required for amusement devices.
It is unlawful for any person, firm or corporation to operate, maintain, or offer for public use or play in the city, any amusement device, machine or game, or other lawful device or machine designed to test the skill of the player, whether competitive or not, and whether or not a fee or charge for the use thereof is made, until and unless the owner has secured a license therefor as provided in this chapter. (Ord. 707 § 2, 1979)
5.16.030 License – Fee for amusement devices.
The license fee for all amusement games with the exception of pool tables, shuffleboard and jukeboxes is $25.00 per amusement device, payable annually. Additionally, a license may be transferred from the machine to another subject to a transfer fee of $10.00 or 10 percent of the original license fee, whichever is greater. (Ord. 707 § 2, 1979)
5.16.040 License – Required for pool, shuffleboard and jukeboxes.
A license is required for pool, shuffleboard and jukeboxes. No person, firm, corporation, or association shall own, operate, keep, or manage, in any public place, except private homes, any pool or billiard table, shuffleboard or jukebox, without first obtaining a license therefor as provided in WMC 5.16.050. (Ord. 707 § 2, 1979)
5.16.050 License – Fee for pool, shuffleboard and jukeboxes.
The license fee to be charged by the city for the ownership, operation, keeping or management in any public place within the city, except private homes, of jukeboxes, pool tables, shuffleboards or billiard tables is fixed at $25.00 per calendar year, or portion thereof. A separate license is required for each machine or game, and is not transferable from one person to another, one location to another, or from one game to another. (Ord. 707 § 2, 1979)
5.16.060 Multiple-coin bingo-type pinball machine – Unlawful.
It is unlawful for any person, firm or corporation to operate, maintain, offer for public use or play or to have in his possession in any business establishment or place open to the public, and it is unlawful for any person to play or operate, any device commonly known as a multiple-coin “bingo-type” pinball machine, or any device in which a player deposits a coin or coins which release balls for play, which balls are propelled by a plunger onto a playing field which contains a number of pegs and bumpers and a series of numbered holes and wherein when a ball falls into a hole a corresponding number on a bingo-type card on the backboard of the machine is lighted, and in which the object of the game is to light three, four or five numbers in a line on the bingo card so that the machine will register free plays on a three-digit counter, and where the number of free plays may be increased by depositing additional coins and in which “free plays” may be won. It shall be no defense to a charge under this section that prizes are in free plays or merchandise only. (Ord. 707 § 2, 1979)
5.16.070 Regulations regarding location of amusement gamerooms – Distance to schools.
No licenses, business or amusement device will be issued for operation of an amusement gameroom within 600 feet of any school unless upon the express condition that the gameroom will not be operated during school hours. This section shall not be retroactive. (Ord. 707 § 2, 1979)
5.16.080 Regulations regarding location of amusement gamerooms – Distance from establishments whose primary business is selling liquor to adults.
No license, business or amusement device, will be issued for operation of an amusement gameroom if said gameroom is within 300 feet of an establishment whose primary business is that of selling liquor to adults. This section shall not be retroactive. (Ord. 707 § 2, 1979)
5.16.090 License requirement – Amusement device.
Prior to issuance of any amusement device licenses, the business operator must comply with, and be issued a business operator’s license pursuant to WMC 5.16.130 and 5.16.140. Upon obtaining the business operator’s license, the licensee may then apply for amusement device licenses, such application to include the following:
(1) Type of machines in business, number of each and serial numbers on each;
(2) The address of the business where machines are to be in operation;
(3) Name of the amusement device operator;
(4) Name of the applicant/business operator. (Ord. 707 § 2, 1979)
5.16.110 License – Annual fee required.
Licenses will be issued on an annual basis cost and will not be prorated. See WMC 5.16.030 regarding transfers of amusement device licenses. (Ord. 707 § 2, 1979)
5.16.120 Authority to inspect premises.
The police department has the duty to enforce the provisions of this chapter, and may, during normal business hours for an amusement parlor, inspect the premises for compliance with this chapter. (Ord. 707 § 2, 1979)
5.16.130 Application for business license to operate amusement gamerooms.
Any person, firm or corporation desiring to secure a business operator’s license shall apply therefor in writing over the person’s signature; or in the case of a firm, over the person’s signature who is duly chosen and qualified to act in behalf of said firm; or in the case of a corporation, over the signature of any two officers thereof, accompanied by an impression of the corporate seal of the applicant. The application must be made in writing to the city clerk, on forms available at the clerk’s office and such application shall include the following:
(1) Name and address of applicant, also any aliases used by the applicant;
(2) Date of birth of applicant, for no license shall be issued if the applicant is under 21 years of age;
(3) Name of the business, along with the address and telephone number;
(4) Type of ownership, whether corporation, partnership or proprietorship:
(a) If a corporation, names and home addresses of two principal officers thereof; name and address of managing agent of the corporation office within the state of Washington nearest to Washougal; state of incorporation; name and address of resident agent for the state of Washington,
(b) If a copartnership, name and address of each partner,
(c) If a closely held or small corporation, names and addresses of all stockholders,
(d) If a large corporation, names of the three stockholders holding the largest amounts of controlling stock;
(5) If employed as the business operating agent for a corporation, your name and permanent address;
(6) The fingerprints of the applicant, if agent for a corporation, agent’s fingerprints only;
(7) A statement as to whether or not the applicant/agent has been convicted of any crime, misdemeanor or violation of any municipal ordinance, other than minor traffic or parking offenses, the nature of the offense and the punishment or penalty assessed therefor;
(8) A statement as to any other cities or towns wherein the applicant has a like business operation, either currently or in the recent past;
(9) The fee to cover the investigation costs is $50.00 and shall be paid to the city clerk. This fee is to cover the cost of investigation of the facts stated in the application;
(10) If a business operator’s license has been issued in prior consecutive years, the operator will be required to swear to the effect that no change in the original statement has occurred, thereby alleviating the necessity for an annual investigation. However, should substantial changes in the application’s original facts be indicated, the city clerk may require a new investigation by the police department. If the investigation is necessary, the cost in this event would be $35.00;
(11) A statement that the applicant will be fully responsible for all agreements and acts of its agents pertaining to operation of the amusement gameroom business;
(12) Upon receipt of an application for a business operator’s license by the city clerk, the application shall be referred to the police department, which shall cause an investigation of the applicant’s business, and in the event the applicant is an individual, his moral character, and all other items contained in the application. The police department shall investigate these matters to such an extent as it deems necessary for the protection of the public good. The disposition of application shall be made in accordance with terms and provisions of WMC 5.16.140;
(13) This section shall not apply to taverns, or establishments whose primary purpose is the selling of liquor, and who are licensed by the state. (Ord. 707 § 2, 1979)
5.16.140 Business operator’s license – Investigation and issuance.
(1) Upon receipt of an application for a business operator’s license by the city clerk, the original shall be referred to the police department, which shall cause the investigation of the applicant’s business and moral character, and all other items contained in the application with special attention given to the prior history business dealings of the applicant.
(2) If, as a result of such investigation, the applicant’s character or business responsibility is found to be unsatisfactory, or any information given on the application is found to be untrue or unsatisfactory, or if it is found that the business is contrary to the public good or welfare of the community, the police department shall endorse on such application its disapproval and reason or reasons for same, and return the application to the city clerk who shall notify the applicant that his application is disapproved, the reason or reasons for disapproval, and that no license will be issued.
(3) If, as a result of such investigation, the character and business responsibility of the applicant and business is found to be satisfactory and the contents of the application are found to be true, the police department shall endorse on the application its approval. Upon such endorsement, the application shall be returned to the city clerk. It shall then be the duty of the city clerk to either issue the applicant a license, or, in the discretion of the city clerk, refer the same to the city for further action.
Such license shall show the name and address of the licensee, the amount of the fee paid, the date of issuance of the license, the length of time the license is operative, and the license number. The clerk shall keep a permanent record of all licenses issued. (Ord. 707 § 2, 1979)
5.16.150 Exhibition of license required.
Business operators must exhibit their license in a conspicuous location at their amusement gameroom. (Ord. 707 § 2, 1979)
5.16.160 Duty of police to enforce.
It shall be the duty of any police officer of the city to require any business operator who does not visibly exhibit the license, to make them aware of the need to exhibit said license, and should an operator be found to be without license, to enforce the provisions of this chapter against anyone found to be in violation. (Ord. 707 § 2, 1979)
5.16.170 Records required.
The police department shall report to the city clerk all convictions of violations of this chapter, and the clerk shall maintain the appropriate records for each license issued, and the reports of violation therein. (Ord. 707 § 2, 1979)
5.16.180 Revocation of license.
Licenses issued under provisions of this chapter may be revoked by the action of the city council after notice and hearing for any of the following causes:
(1) Fraud, misrepresentation or false statement contained in the application for license;
(2) Fraud, misrepresentation or false statement made in the course of carrying on the business of amusement gamerooms;
(3) Any violation of this chapter;
(4) Conviction of any crime or misdemeanor involving moral turpitude;
(5) Conducting the business of amusement gamerooms in a manner so as to constitute a menace to health, safety or general welfare of the public.
In any case, should a license be revoked, none of the license fees shall be refunded. (Ord. 707 § 2, 1979)
5.16.190 Appeal procedure.
Any person aggrieved by the action of the police department or city clerk in the denial of a license as provided in WMC 5.16.140 shall have the right of appeal to the council of the city. Appeal shall be taken by filing, within 10 days after notice of the action complained of has been mailed to such person’s last known address, a written statement setting forth fully the grounds for appeal. The council shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the applicant in the same manner provided for notice of hearing on license revocation or denial. The decision and order of the council on such appeal shall be final and conclusive. (Ord. 707 § 2, 1979)
5.16.200 Noncompliance with rules and regulations of this chapter.
Any person or persons, firms or corporations found to be in violation with the provisions of this chapter shall be guilty of a misdemeanor, and shall be punishable according to the provisions of WMC 1.04.010. (Ord. 707 § 2, 1979)
5.16.210 Applicability of this chapter if portion thereof found invalid.
If any section of this chapter is found to be invalid, it is the intent of the city council that the remaining sections shall remain applicable. (Ord. 707 § 2, 1979)