Chapter 5.12
COIN OPERATED AMUSEMENT DEVICES
Sections:
5.12.010 Definitions.
5.12.020 Amusement arcade license.
5.12.030 Business owner device license.
5.12.040 Master operator’s license—Master operator’s device license.
5.12.060 Fees.
5.12.070 Name of master operator to be on amusement device.
5.12.080 Play by minors prohibited.
5.12.100 Slugs, checks or certificates.
5.12.110 Operation prohibited near schools when.
5.12.120 Enforcement.
5.12.010 Definitions.
A. “Amusement arcade” means a place where twenty or more amusement devices are exhibited for play and where weightlifting devices, shuffleboards, scales, punching bags, mechanical music machines, amusement rides, shooting galleries or similar devices are exhibited or exposed for play or use by the public.
B. “Amusement device” means any machine or device which provides recreation or entertainment only, for which a charge is made for use or play, and includes, but is not limited to, pool tables, video games, pinball, shuffleboards, mechanical music machines, flipper games, bowling games, guns and rifles, riding devices for not more than two persons, or other games operated by insertion of 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.
C. “Master 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.
D. “Person” means and includes an individual, corporation, copartnership or association.
E. “Wholesale distributor” means any person who engages in the business of selling, exchanging or offering or exhibiting for sale or exchange any amusement device. (Ord. 478-77 § 1, 1977; Ord. 295-74 Ch. 3 § 1, 1974)
5.12.020 Amusement arcade license.
It is unlawful to operate or conduct, own or be employed in an amusement arcade unless a valid amusement arcade license has been procured and is conspicuously displayed in each such amusement arcade. No amusement arcade license shall be issued except to a citizen of the United States who has been a resident of a state for at least five years prior to filing application therefor. No limit shall be set on the number of amusement arcade licenses issued; but if, under the discretion of the city clerk or the city council, the number issued becomes unmanageable, unreasonable or detrimental to public welfare, the city reserves the right to place a limit on the number of said licenses issued. (Ord. 478-77 § 2, 1977: Ord. 295-74 Ch. 3 § 2, 1974)
5.12.030 Business owner device license.
It is unlawful for any business owner to display, exhibit or expose, for purpose of use, play or operation, any amusement device of which said business owner holds legal title without having a valid and subsisting license, to be designated as a “business owner device license.” A separate device license is required for each amusement device of which the business owner holds legal title. The license shall consist of a tab, sticker or similar identification, numerically designated and dated by the city clerk. The license shall be permanently affixed to the device for which it is issued, in a conspicuous place. (Ord. 478-77 § 3, 1977; Ord. 295-74 Ch. 3 § 3, 1974)
5.12.040 Master operator’s license—Master operator’s device license.
A. All master operators, as defined in subsection C of Section 5.12.010, shall obtain two types of licenses:
1. Master operator’s license. It is unlawful for anyone to be or become a master operator without having applied for and been granted a valid and subsisting master operator’s license. Each license issued shall be numerically designated and dated by the city clerk.
2. Master operator’s device license. For each amusement device leased, rented or placed by the master operator, a license known as a “master operator’s device license” shall be required. The license shall show the number of licenses issued for a specific location, numerically designated and dated by the city clerk. It is unlawful for any master operator to lease, rent or place more devices in any location than the number of master operator’s device licenses issued by the city clerk to a master operator for a particular location. The license shall not be transferable from location to location. (Ord. 478-77 § 4, 1977; Ord. 295-74 Ch. 3 § 4, 1974)
5.12.060 Fees.
A. The license year shall be from January 1st to December 31st. All license fees shall be payable on an annual basis, in advance, except as provided in this chapter, which fees shall be as follows:
1. Master operator’s device license and business owner’s device license. The license fee for a master operator’s device license or a business owner’s device license which is operated, or activated by insertion of a coin shall be twenty-five dollars per device;
2. Amusement arcade license, two hundred dollars per year;
3. Master operator’s license, five hundred dollars per year.
B. In addition to the license fees provided for in subsection A of this section, every applicant for a master operator’s license or amusement arcade license shall, before receiving his license, execute a cash bond to the city in the sum of one thousand dollars, to indemnify against any fines or penalties issued pursuant to this chapter; provided, that any holder of a valid master operator’s license or amusement arcade license at or prior to the effective date of the ordinance codified in this chapter shall not be required to execute a bond. The bond shall be approved by the city attorney, which shall be refunded, less any fines or penalties imposed thereon, after the licensee has been holder of said license for two successive years.
C. The fee for master operator’s device license and business owner’s device license as described in subdivision 1 of subsection A of this section shall be prorated at one-half the yearly fee as of July 1st.
D. Each master operator shall notify the city clerk and police department in writing seven days prior to placing any amusement device at a location where an additional or new amusement device license is required, pursuant to subdivision 2 of subsection A of Section 5.12.040. (Ord. 478-77 § 6, 1977; Ord. 295-74 Ch. 3 § 6, 1974)
5.12.070 Name of master operator to be on amusement device.
It is unlawful for any person to sell, exchange, display, exhibit, use or operate, or to lease, rent to, or place with another for display, exhibition, use or operation any amusement device owned by a master operator unless the same shall have indelibly printed, painted, stamped or impressed in a conspicuous place the name and address of the master operator. (Ord. 478-77 § 7, 1977; Ord. 295-74 Ch. 3 § 7, 1974)
5.12.080 Play by minors prohibited.
It is unlawful for anyone under the age of eighteen years to play or operate any amusement device, as defined by this chapter; and it is unlawful for any operator or any owner of any such amusement device or for any manager or other person in charge of premises where any such amusement device is kept, maintained or operated, to permit or allow any person under eighteen years of age to play or operate any amusement device; provided, that such prohibition shall not apply where the sole reward for playing or operating the amusement device is free games, replays and nonmerchandise trophies awarded in connection with competitive events. (Ord. 478-77 § 8, 1977; Ord. 295-74 Ch. 3 § 8, 1974)
5.12.100 Slugs, checks or certificates.
A holder of any license issued under this chapter may issue or circulate slugs, trade checks, or trade certificates, provided that slugs shall be prohibited which exceed one inch or are less than .80 inches in size. (Ord. 853-82 § 1, 1982; Ord. 846-82 § 1, 1982; Ord. 295-74 Ch. 3 § 10, 1974)
5.12.110 Operation prohibited near schools when.
No amusement device shall be used or operated in any building or place within three hundred feet of the grounds or building of any primary or secondary public or parochial school during normal school hours; provided, that licensed devices for the production of music only shall be exempt from this section. (Ord. 420-76 § 1, 1976; Ord. 295-74 Ch. 3 § 11, 1974)
5.12.120 Enforcement.
A. Any person who engages in any activity for which a license is required pursuant to the provisions of this title without acquiring the proper license set forth herein, shall pay the penalty as set forth in Section 5.04.150 and shall be subject to such further penalties as set forth herein.
B. Any person who is in violation of Sections 5.12.020, 5.12.040A1, 5.12.060D, or 5.12.070, or fails to license any device pursuant to Sections 5.12.040A2 and 5.12.030 shall subject the device or devices concerned to confiscation and impoundment. Upon the licensee of said device or devices shall be imposed a fine or not more than one hundred dollars per device as a penalty for violation of this chapter and for impoundment and storage costs. Upon acquisition of all licenses required pursuant to this title and payment of all penalties imposed herein, any device confiscated shall be released from impoundment and returned at the owner’s expense.
C. The city clerk shall, at his or her discretion, impose a fine of not more than ten percent of the license price for each day payment is past due on any license required pursuant to Section 5.12.060, as a penalty for violation of this chapter. (Ord. 478-77 § 10, 1977)