Chapter 8.12
Amusement Devices Licenses

Sections:

8.12.010 Definitions.

8.12.020 Licenses Required.

8.12.040 Payment of License Fee.

8.12.060 Special Regulations.

8.12.070 Penalties and Interest.

8.12.010 Definitions.

A.  “Amusement device” means a mechanical or electronic device, including specifically an electronic video game, designed to be played or operated by the insertion of a coin, slug, or token, or otherwise upon payment of a fee, for the purpose of amusement, entertainment, or music.

1.   “Amusement device” does not include:

a.   a machine used exclusively for the vending of merchandise, or

b.   a coin operated riding device accommodating not more than two persons at a time, or

c.   an adult arcade device defined in SMC 10.08.090(B).

B.  “Amusement device operator” means a person who furnishes premises or a location for an amusement device.

C.  “Amusement device owner” means a person who:

1.   has legal or equitable title to, or

2.   furnishes, by lease, rental or similar arrangement, an amusement device for use or operation by the public.

[Ord. C32039 § 1; Passed: 12/22/1997]

8.12.020 Licenses Required.

A.  Every amusement device operator is required to have a current amusement device operator’s license.

B.  Every amusement device owner is required to have a current amusement device owner’s license.

C.  An amusement device owner is required to obtain for each amusement device, before the device is placed for use or operation by the public, an amusement device license.

1.   The owner must display on each such device an insigne of license, as provided in SMC 4.04.060(B)(4), in a manner prescribed by the office of taxes and licenses.

2.   When two or more amusement devices each capable of independent operation are placed within one container, each is considered a separate device.

D.  The licenses required by this chapter are Class IIA licenses as provided in SMC chapter 4.04. Failure to obtain either an amusement device operator’s or owner’s license or an amusement device license is a class 3 infraction.

[Ord. C32039 § 2; Passed: 12/22/1997]

8.12.040 Payment of License Fee.

A.  The licenses required by this chapter are annual licenses which expire December 31st.

B.  The annual license fee must be paid before March 1st. When an amusement device becomes subject to the licensing requirements of this chapter at any time after January 1st of a year, the license fee is due by the day the device becomes subject to licensing and the fee is prorated to the beginning of the calendar quarter in which the device first became subject to the license.

C.  Should an amusement device be found without the required evidence of license, the entire annual fee, along with interest and penalties accrued from January 1st, is immediately due.

[Ord. C32039 § 4; Passed: 12/22/1997]

8.12.060 Special Regulations.

A.  Amusement devices owners are required, at the time of payment of the fees for the amusement devices licenses, to furnish to the City a list of the locations of all amusement devices owned by them, and to update such list whenever a new device becomes subject to the licensing requirement of this chapter. A violation of this subsection is a class 3 infraction.

B.  No amusement device operator may install, keep, or exhibit for use or operation by the public, or allow the installation, keeping, or exhibiting for use or operation by the public, any amusement device which does not have affixed and prominently displayed a current insigne of license as provided in SMC 4.04.060(B)(4). A violation of this subsection is a misdemeanor.

C.  The amusement device license applies to the device, not a location, and a licensed device may be relocated as the owner sees fit.

[Ord. C32039 § 6; Passed: 12/22/1997]

8.12.070 Penalties and Interest.

A.  Whenever any fee is not received by the due date (March 1st or the beginning of the calendar quarter in a case under SMC 8.12.040(B)), there is added a penalty of five percent of the total unpaid amount per month from January 1st. The minimum penalty is ten dollars.

B.  In addition to the penalty provided in subsection (A) of this section, interest is charged at the rate of one percent of the amount of the total unpaid fee for every calendar month of delinquency from due date to date of payment.

C.  Whenever a check or other instrument tendered for payment is dishonored or otherwise not negotiable, penalties and interest accrue since payment is not deemed made until the instrument is honored.

D.  The auditor may waive the penalties provided in this section, but not interest, in a particular case when the taxpayer’s failure to comply was due to circumstances beyond the taxpayer’s control.

E.  The penalties and interest provided for in this section are collected as part of the license fee. Collection of such penalties and interest, or discontinuance of use of any device, does not excuse noncompliance and is not a defense to prosecution.

[Ord. C32039 § 7; Passed: 12/22/1997]