4-156-190 Seizure for unlawful use.

   If the mayor, superintendent of police, or the comptroller, the commissioner of business affairs and consumer protection, the city clerk or their duly authorized enforcement officer shall have a reasonable basis for believing any amusement device is an illegal amusement device, said device or any part or contents thereof may be seized by any duly authorized enforcement official, followed by an administrative hearing with notice to the owner within seven days of such seizure for the purpose of reviewing the appropriateness of the seizure, and held until such time as the owner of such device pays the delinquent tax, reimburses the department of finance, business affairs and consumer protection or the city clerk for actual cartage cost incurred in the seizure and pays to the department of finance, business affairs and consumer protection or the city clerk $20.00 for each day or part of day said device has been in storage. If criminal charges involving the use or condition of the device are pending, the device shall be held until disposition of the criminal charges. If it is determined at the hearing by a preponderance of the evidence that the seized device is not an illegal amusement device, it shall be returned to the owner without charge. If it is determined at the hearing that the automatic amusement device was used for illegal gambling, it shall be destroyed by the city, and all money found within the device at the time of confiscation shall become the property of the city, and shall be used to defray the costs of cartage, notice, storage and hearings. If the owner of the device does not claim the automatic amusement device within 14 days after the mailing of the notice, the device and its contents will be treated as abandoned property and the device will be destroyed.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 4-1-98, p. 65262; Amend Coun. J. 7-27-05, p. 53211, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 6-30-09, p. 65579, § 3; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 4)

4-156-200 Reserved.

Editor's note – Coun. J. 5-9-12, p. 27485, § 76 repealed § 4-156-200, which pertained to a license requirement.

4-156-210 Reserved.

Editor's note – Coun. J. 5-9-12, p. 27485, § 77 repealed § 4-156-210, which pertained to license application and examination of records.

4-156-220 Reserved.

Editor's note – Coun. J. 5-9-12, p. 27485, § 78 repealed § 4-156-220, which pertained to investigation and refusal of license application.

4-156-230 Number of devices limited.

   It is unlawful for any person to operate or permit the operation of an arcade unless the person in control of such place has first obtained a public place of amusement license.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 7-2-97, p. 48017)

4-156-240 Reserved.

Editor's note – Coun. J. 7-2-97, p. 48017, repealed § 4-156-240, which pertained to arcades – location restrictions.

4-156-260 Reserved.

Editor's note – Coun. J. 7-2-97, p. 48017, repealed § 4-156-260, which pertained to games rooms – locations restrictions.

4-156-270 Restrictions on use by minors.

   (a)   No person, firm, corporation, organization or other legal entity shall permit, and it shall be unlawful for, any person under 17 years of age, who is not accompanied by a parent or legal guardian, to operate any automatic amusement device, except upon the premises of the city airports, between the hours of 8:00 a.m. and 3:00 p.m. on days in which the city's public schools are in session.

   (b)   No person, firm, corporation, organization or other legal entity shall permit, and it shall be unlawful for, any person under the age of 21 to play an automatic amusement device located at an establishment which sells alcoholic liquor for consumption on the premises.

      The prohibition described in this subsection (b) shall not prohibit any person or legal entity to permit any person under the age of 21 to play an automatic amusement device located at an establishment validly licensed as a restaurant which sells alcoholic liquor for consumption on the premises, if the minor is accompanied by a parent or legal guardian.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 1-12-94, p. 44537; Amend Coun. J. 7-2-97, p. 48017, § 3; Amend Coun. J. 5-9-07, p. 105047, § 9; Amend Coun. J. 4-10-13, p. 51227, § 1)

4-156-280 Violation – Penalty.

   (a)   The owner, manager, licensee or person in control of premises where an automatic amusement device is used for illegal gambling shall be subject to a fine of $5,000.00 for each device so used. Any person violating any other provision of this chapter by possession or use of an illegal amusement device shall be fined not less than $500.00 nor more than $1,000.00 for each offense. Every day such violation continues shall constitute a separate and distinct offense. Fines under this section shall be in addition to suspension or revocation of business licenses issued under this Code, and in addition to confiscation and destruction of illegal amusement devices.

   (b)   Upon a third violation of the provisions of this chapter relating to possession or use of an illegal amusement device occurring on the same premises for a period of five years, all City licenses issued for business activity on those premises shall be revoked, and no automatic amusement device may be placed on the premises for a period of one year from the date of revocation. Nothing in this section limits the authority of the Commissioner to revoke a license on a licensee's first or second violation during such period. For purposes of this subsection (b), “licensee” includes an employee or agent of a licensee.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 4-1-98, p. 65262; Amend Coun. J. 11-21-17, p. 61755, Art. VII, § 11)