Chapter 5.12
BILLIARD AND POOL HALLS—AMUSEMENT DEVICES

Sections:

5.12.010    Definitions.

5.12.020    Licenses.

5.12.030    Information required on license.

5.12.040    Prohibited refunds.

5.12.050    Prohibition against using license of another or assignment.

5.12.060    Confiscation and padlocking of machines.

5.12.070    Minors.

5.12.080    Operation of jukeboxes.

5.12.090    Revocation of licenses—Procedures.

5.12.100    Severability.

5.12.010 Definitions.

For the purposes of this chapter, the following terms shall have the following meanings:

1.    “Amusement device” means a coin-operated machine, device or apparatus which is mechanically, electrically or hand operated and which is designed and used for the purpose of playing a game of skill or chance by one or more players solely for the purpose of amusement and/or entertainment of the player or players. In addition, the term includes “jukeboxes,” as defined in subsection 6 of this section. Without limiting the generality of the foregoing, the term includes flipper games, foosball games, electro-dart games, video games, coin-operated shuffleboards, and bowling games. The term does not include machines, devices or apparatus designed and used for the purpose of dispensing merchandise nor does it include gambling devices or peepshows or panorams, as the terms are defined in this section. Further, the term does not include billiard tables or pool tables.

2.    “Amusement device operator” means any person who owns amusement devices which are installed, maintained or operated at the place of business of another, regardless of whether the devices are leased, rented or placed at the location of another on a sharing-of-proceeds basis.

3.    “A year” or “annual” means the twelve-month period from July 1st to June 30th.

4.    “Business operator” means a person who owns or operates the business where amusement devices, billiard tables or pool tables are installed, maintained or operated.

5.    “Gambling device” means a coin-operated machine, device or apparatus which is mechanically, electrically or hand operated for use by one or more players for the purpose of being awarded money, objects of value or free games if, with reference to the free games, the device contains a mechanism for varying the chance or odds of winning depending upon the number of coins or tokens inserted or deposited.

6.    “Jukebox” shall have the usual and ordinary meaning including any machine, device or apparatus designed to be operated so as to produce or play music by the insertion or deposit of a coin, token or other thing of value.

7.    “Location” means business premises of the business operator and, if the same business operator operates businesses at different locations, each location shall constitute a location for the purpose of this chapter.

8.    “Peepshows or panorams” means any mechanical device which upon insertion of a coin or by other means, exhibits or displays a picture or view on film.

9.    “Person” means any natural person, firm, partnership, corporation, association, trust or any other form of legal entity. (Ord. 2863 § 2 (part), 1985).

5.12.020 Licenses.

A.    Licenses Required. Commencing March 1, 1987, it is unlawful for any person to install, maintain or operate in any business establishment or for the purposes of profit within the city of Yakima any amusement device, pool table or billiard table without first obtaining from the city the applicable license and paying to the city of Yakima the appropriate license fee as required by this section. The licenses required under this chapter are separate from and in addition to the business license issued under Chapter 5.52 YMC, which may also be required when applicable.

B.    Business Operator’s License—Fee. Each business operator who installs, maintains or operates an amusement device owned by the business operator at the business operator’s location shall pay an annual license fee of fifteen dollars and seventy-five cents per amusement device. This license shall be for each amusement device and, at the time of obtaining the license, the business operator shall furnish the city with all appropriate information as may be required, including a description and serial number of each amusement device being licensed.

The license fee for each billiard table or pool table shall be the amount of fifty-three dollars and forty-eight cents per year, payable annually in advance to the city at the time application is made for such license.

C.    Location Licenses for Amusement Device Operators. Each amusement device operator shall, before doing business within the city limits of the city of Yakima, obtain a license from the city by paying an annual license fee of fifteen dollars and seventy-five cents per amusement device. The amusement device operator shall furnish the city with all information as may be required including, but not limited to, a list of locations where the amusement operator has installed, maintains, or operates amusement devices, pool tables and billiard tables, and the number and location of the same. (Ord. 2020-006 § 3, 2020: Ord. 3143 § 4, 1988: Ord. 3002 § 4, 1987: Ord. 2926 § 4, 1985: Ord. 2863 § 2 (part), 1985).

5.12.030 Information required on license.

The code administration manager or his designee shall prescribe the form of all licenses provided herein and each license of a business operator where amusement devices, pool tables or billiard tables are located shall indicate thereon the serial number of each amusement device, pool table or billiard table, the make of the same and any and all other information which may be necessary to identify the same and shall also indicate thereon the location at which said device shall be displayed for use by the public. No such device or table owned by a business operator shall be removed from the location shown on the license issued therefor without the business operator notifying the code administration manager or his designee. The amusement device operator’s master license shall be issued to the licensee and displayed at the amusement device operator’s place of business; provided, the code administration manager or his designee may issue location licenses to amusement device operators to be displayed at the location where amusement devices owned by the amusement device operator are located. (Ord. 2863 § 2 (part), 1985).

5.12.040 Prohibited refunds.

No surrender, revocation or other cancellation, irrespective of the cause therefor, of any license issued under this chapter shall entitle the holder thereof to any refund of any license fee paid hereunder or any part thereof. (Ord. 2863 § 2 (part), 1985).

5.12.050 Prohibition against using license of another or assignment.

No person shall maintain, install, or operate any amusement device, pool table or billiard table in the name of another nor under the license of another. No person shall transfer a license issued under this chapter from one place to another (Ord. 2863 § 2 (part), 1985).

5.12.060 Confiscation and padlocking of machines.

Any amusement device, pool table or billiard table operated in violation of this chapter may be confiscated by the city and may be padlocked or otherwise rendered unplayable as the code administration manager may deem fit, and any person removing a padlock from such amusement device or making such amusement device playable without written permission of the code administration manager shall be guilty of a misdemeanor. (Ord. 2863 § 2 (part), 1985).

5.12.070 Minors.

It is unlawful for any person, firm or corporation owning, keeping or managing a billiard room or poolroom to admit thereto or to allow to remain therein any person under the age of twenty-one years where such billiard room or poolroom is operated in connection with any place where beer, wine or intoxicating liquor is sold, or where there is a common entrance to such billiard room or pool room and to any place where beer, wine or intoxicating liquor is sold, or where there is any connecting door or window between such billiard room or poolroom and any place where beer, wine or intoxicating liquor is sold. (Ord. 2863 (part), 1985).

5.12.080 Operation of jukeboxes.

Jukeboxes at locations licensed under this chapter, shall at all times be so operated. supervised and controlled so as not to constitute a nuisance and so as not to unduly annoy and disturb others. (Ord. 2863 § 2 (part), 1985).

5.12.090 Revocation of licenses—Procedures.

Any license issued under this chapter may be revoked by the code administration manager for fraud or misrepresentation in making application for such license, or for failure to comply with any provisions of this chapter. The holder of any license revoked by the code administration manager. shall have the right of appeal to the city council from such revocation by filing a notice of appeal with the city council within ten days after such notice of revocation is mailed by registered mail to the last known address of the licensee by the code administration manager. The hearing on the appeal shall be held before the city council or a committee thereof as directed by the city council. At the hearing, the holder of the license shall be entitled to be heard in person, to produce witnesses and to be represented by counsel. The action of the city council on the question shall be final and conclusive. (Ord. 2863 (part), 1985).

5.12.100 Severability.

If any section, part of a section, clause or sentence of this chapter shall be held unconstitutional or invalid, such decision shall not affect the validity of the remaining provisions of this chapter. (Ord. 2863 § 2 (part), 1985).