(A) For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
JUKE BOX. Any music vending machine, contrivance, or device which, upon the insertion of a coin, slug, token, plate, disc or key into any slot, crevice or other opening, or by the payment of any price, operates or may be operated, for the emission of songs, music or similar entertainment.
MECHANICAL AMUSEMENT DEVICE. Any machine, which upon the insertion of a coin, slug, token, plate or disc, may be operated for use as a game, entertainment or amusement, whether or not registering a score. It shall include such devices as marble machines, pinball machines, skill ball, mechanical grab machines, shuffle board games and all similar games, operations or transactions.
PERSON, FIRM, CORPORATION or ASSOCIATION. Any person, firm, corporation or association in whose place of business any juke box or mechanical amusement device is placed for use.
(B) Nothing in this section shall be construed to authorize, license or permit any gambling devices, or any mechanism that has been judicially determined to be a gambling device contrary to law.
(C) Any person, firm, corporation or association, displaying for public patronage or keeping for operation any juke box or mechanical amusement device shall be required to obtain a license from the city, upon payment of a license as hereafter provided. Application for the license shall be made to the City Controller upon a form provided for that purpose.
(D) The application for such license shall contain the following information:
(1) Applicant’s name, address, age and date and place of birth;
(2) Prior convictions of applicant, if any;
(3) Place where the machine or device is to be displayed or operated and the business conducted in that place; and
(4) Description of the machine to be covered by the license and its mechanical features.
(E) No license shall be issued to any applicant unless he or she is 21 years of age and a citizen of the United States.
(F) The application for license shall be made out in triplicate, 1 copy being referred to the Chief of Police, 1 copy to the City Electrical Inspector and 1 copy to the City Controller.
(1) The Chief of Police shall investigate the location proposed to operate the machine, and ascertain whether or not the applicant business, its owners or managers, or others in responsible charge of the business have a criminal record. If any of the principals has been convicted of a felony, the Chief of Police shall deny the application.
(2) The Electrical Inspector shall inspect all wiring and connections to the machine, determine if they comply with the Electrical Code of the city, and approve or disapprove the application.
(3) No license shall be issued to any applicant unless approved by both the Chief of Police and the Electrical Inspector.
(4) If it is discovered after a license has been issued that the applicant has made false statements on the application regarding ownership or management of the business, or any other aspect leading to the original approval, the license shall be immediately revoked.
(5) A new application may be made for operation at a rejected site if the new applicant can provide sufficient evidence that the cause of denial/rejection has been corrected. The reapplication shall be treated as a new application with regard to inspections and fees.
(G) Every applicant, before being granted a license, shall pay the following annual license fee for the privilege of operating or maintaining for operation each juke box or mechanical amusement device:
Juke boxes | $20 per machine |
Mechanical amusement devices | |
Mechanically operated rides for children | $10 per machine |
All other mechanical amusement devices | $25 per machine |
(H) Each license shall expire on December 31 of the year the license is issued. However, if any license is issued on or after July 1, the license fee shall be ½ the annual fee.
(I) Display of license.
(1) The license or licenses shall be posted permanently and conspicuously at the location of the machine in the premises where the device is to be operated or maintained to be operated.
(2) The license may be transferred from one machine or device to another similar machine or device, but not more than 1 machine shall be operated under 1 license, and the applicant or licensee shall be required to secure a license for each and every machine displayed or operated by him or her at any 1 time.
(3) If the licensee shall move his or her place of business to another location within the city, the license may be transferred to the new location upon application to the City Controller, giving the street and number of the new location. The new location shall be approved by the Chief of Police and the city’s Electrical Inspector as provided in this section. However, whenever application for the transfer is made, a transfer fee of $10 shall be paid to the City Controller before being granted the transfer.
(4) (a) When the business of an exhibitor is sold or transferred, the license of the exhibitor may be transferred to the transferee, with the consent of the Chief of Police and the city’s Electrical Inspector as provided in this section.
(b) However, whenever application for the transfer is made, a transfer fee of $10 shall be paid to the City Controller before being granted the transfer.
(J) Every license issued under this section shall be revoked if the licensee permits the operation of any juke box or mechanical amusement device contrary to those provisions.
(K) If the Chief of Police has reason to believe any mechanical device is used as a gambling device, the machine may be seized by the Police and impounded, and if upon trial of the exhibitor for allowing it to be used as a gambling device the exhibitor be found guilty, the machine shall be destroyed by the Police.
(1979 Code, § 111.11) (Ord. 1506, passed 4-2-1952; Am. Ord. 1950, passed 6-11-1962; Am. Ord. 3751, passed 9-22-1986; Am. Ord. 3962, passed 12-18-1989) Penalty, see § 111.99