(a) Definitions. As used in this section:
"Automatic amusement device" means any machine, which, upon the insertion of a coin, slug, token, card or similar object, or upon any other payment method, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score, and includes, but is not limited to, such devices as jukeboxes, marble machines, pinball machines, movie and video booths or stands and all games, operations or transactions similar thereto under whatever name by which they may be indicated. Bingo devices are deemed gambling devices and are therefore prohibited for use except as provided by state law. If a machine consists of more than one game monitor which permits individuals to play separate games simultaneously, each separate game monitor shall be deemed an automatic amusement device.
"Automatic amusement device operator" means any person who conducts or transacts the business of distributing, placing, leasing or selling automatic amusement devices with an agreement to maintain, service or supply such device(s).
(b) Application – Additional information required. In addition to the requirements set forth in Section 4-4-050, an application for, and, if requested, renewal of, a regulated business license to engage in the business of automatic amusement operator shall be accompanied by a statement as to whether the applicant or licensee, as applicable, has ever been convicted, in custody, under parole or under any other non-custodial supervision resulting from a conviction in a court of any jurisdiction of a felony of any type or a criminal offense of whatever degree involving tax evasion, tax delinquency, the failure to pay any tax, the use of coercion or other illegal measures to promote the use of automatic amusement devices, fraud, theft, forgery, personal dishonesty, or deception.
(c) License issuance and renewal prohibited when. No regulated business license to engage in the business of automatic amusement device operator shall be issued to any applicant or licensee, as applicable, who has ever been convicted, in custody, under parole or under any other non-custodial supervision resulting from a conviction in a court of any jurisdiction of a felony of any type or criminal offense of whatever degree involving tax evasion, tax delinquency, the failure to pay any tax, the use of coercion or other illegal measures to promote the use of any automatic amusement device(s), fraud, theft, forgery, personal dishonesty, or deception, unless, upon request of such person, the Commissioner has determined that such person has been substantially rehabilitated to warrant the public trust. The burden of proof of substantial rehabilitation shall be on the person seeking such rehabilitation.
(d) Departmental duties. The Commissioner of Business Affairs and Consumer Protection, the Comptroller, and the City Clerk shall have the authority to promulgate rules pertaining to automatic amusement devices and to examine all books and records of automatic amusement device operators necessary or appropriate to ensure compliance with the requirements of this section.
(e) Legal duties. Each licensee engaged in the business of automatic amusement operator shall have a duty to:
(1) pay all taxes required to be paid by such licensee under Chapter 4-156 of this Code;
(2) comply with all applicable requirements set forth in Chapter 4-156 of this Code;
(3) upon request of the Commissioner, the Comptroller, or the City Clerk, make available for examination all books and records of automatic amusement device operators necessary or appropriate to ensure compliance with the requirements of this chapter.
(f) Prohibited acts. It shall be unlawful for any licensee engaged in the business of automatic amusement operator to:
(1) use coercive or illegal measures to promote the distribution, placement, leasing, selling or use of any automatic amusement device;
(2) install any automatic amusement device in any establishment or location that is ineligible under this Code to have such device(s) on its premises.
(Added Coun. J. 5-9-12, p. 27485, § 16; Amend Coun. J. 4-19-23, p. 62651, § 4)