PART SEVEN - BUSINESS REGULATION CODE
 
Chap. 709.   Commercial Amusement Devices.
Chap. 713.   Dances.
Chap. 717.   Garbage and Refuse Disposal.
Chap. 721.   Yard Sales. (Repealed)
Chap. 725.   Peddlers, Solicitors and Canvassers.
Chap. 733.   Secondhand Dealers.
Chap. 735.   Equal Housing Opportunity.
Chap. 737.   Smoking Prohibitions.
Chap. 739.   Medical Marijuana.
Chap. 741.   Sexually Oriented Businesses.
CHAPTER 709
Commercial Amusement Devices
 
709.01   Definitions.
709.02   License required.
709.03   Fees.
709.04   Duration of licenses.
709.05   Application for licenses.
709.06   Display of licenses.
709.07   Licenses not assignable.
709.08   Revocation of license.
709.99   Penalty.
 
CROSS REFERENCES
Disturbing the peace - see GEN. OFF. 509.03
Gambling - see GEN. OFF. Ch. 517
Slugs - see GEN. OFF. 545.11
Tampering with coin machines - see GEN. OFF. 545.12
709.01   DEFINITIONS.
   (a)   "Machines of chance and/or skill" means any machine that is operated by the insertion of a coin or slug in a chute or the engagement of an electric switch or plunger upon the payment of money; and that by the use of the machine, regardless of the manner of such use, the person or persons using it are capable of keeping a score, whether as a part of the machine or otherwise, or the machine maintains a score. Such machines of chance and/or skill shall include, but is not limited to, coin operated pool games and pinball machines. Such machines of chance and/or skill shall not include music machines or devices used bona fide and solely for the vending of services, food or merchandise. Nor shall such machines located on private property, where the primary purpose of such property is the residence of a person or persons, such machine not being used for the purpose of gain or profit, be subject to the section of this chapter relative to licensing.
   (b)   "Owner" or "distributor" means any person, firm or corporation having title to any machine of chance and/or skill or which sells, leases, rents or otherwise distributes such machine of chance or skill on behalf of the person having title thereto.
   (c)   "Exhibitor" means any person owning and exhibiting or contracting or permitting a machine of chance and/or skill to be installed, used or exhibited in his own place of business or other establishment regardless of the ownership of the business or other establishment, and regardless of the ownership of the machine of chance and/or skill.
(Ord. 118-79. Passed 6-11-79.)
   (d)   "Pinball machine" includes any machine that is operated by the insertion of a coin or slug in a chute or the engagement of an electric switch, which operation releases a number of steel balls, marbles or electronic devices for play. By means of a control of plunger, these balls, marbles or electronic devices are propelled onto the surface of a board. The ball, marble or device upon reaching the surface of the board moves about in a random fashion and in so doing, strikes different bumpers or electronic obstacles, or drops in a hole which electrically registers scores upon a section so designed. Each bumper, obstacle and hole represents a designated score and as it is contacted that score is reflected on a score board. A pinball machine shall not include coin-operated pool games, music machines or devices used bona fide and solely for the vending of services, food or merchandise.
(Ord. 230-77. Passed 12-27-77.)
709.02   LICENSE REQUIRED.
   There is hereby created a license for all machines or devices which are machines of chance and/or skill, as defined herein. No owner, distributor or exhibitor shall install, permit the use of or operate any machines of chance and/or skill, without first obtaining the licenses to do so from the City Manager. Such licenses shall be a distributor license, exhibition license and machine license. The City Manager is hereby authorized to establish reasonable rules and regulations concerning the issuance of such licenses.
(Ord. 118-79. Passed 6-11-79.)
709.03   FEES.
   (a)   The fee for the licenses required by Section 709.02 shall be set out below and with respect to machines of chance and skill. Both the owner, distributor and exhibitor shall obtain a license. The owner shall be charged a flat fee for his license, regardless of the number of machines owned. The exhibitor's license fee shall be based upon the number of machines exhibited. The machine license shall be issued upon payment of a separate fee from the owner or distributor and exhibitor, and shall be purchased by the exhibitor in addition to the exhibitor license.
   (b)   The fees charged for the licenses set out in this chapter shall be as follows:
(1)   Exhibitor license, machine of chance and/or skill (each machine), $25.00 per year.
(2)   Owner or distributor license, machine of chance and/or skill, $250.00 per year.
(3)   Machine license, machine of chance and/or skill:
 
Machines
Per Machine
1 - 5
$25.00
6 and more
  50.00
 
(Ord. 118-79. Passed 6-11-79.)
709.04   DURATION OF LICENSES.
   Licenses shall be issued on a yearly basis, beginning January 1, expiring December 31. The license fee shall be prorated for the period of the year that the machines are in operation as to the original licenses issued. There shall be no refund after a licensed machine has been removed from the establishment in which it has been licensed.
(Ord. 118-79. Passed 6-11-79.)
709.05   APPLICATION FOR LICENSES.
   Application for licenses required under this chapter shall be made to the City Police Chief on forms furnished by the City, which applications shall require the following, as minimum information:
(a)   Name of applicant and of each officer, partner or business associate;
(b)   Occupation and place of business of the applicant;
(c)   Place of residence of applicant;
(d)   Nature and location of each machine of chance and/or skill, and serial number of machines, if any;
(e)   Such other information concerning the applicant, machines, machine identification, etc., as may be required by this chapter, or by the Chief of Police for the proper enforcement of this chapter, and in order to identify all machines.
(Ord. 118-79. Passed 6-11-79.)
709.06   DISPLAY OF LICENSES.
   The licenses shall be maintained on the property, where the machines are located, in such a manner as to be readily visible to all law enforcement officers, or to any officials charged with a responsibility of enforcing this chapter.
(Ord. 118-79. Passed 6-11-79.)
709.07   LICENSES NOT ASSIGNABLE.
   Every license shall be issued to a person and place and machine certain and shall not be assigned or transferred to any other person, place or machine.
(Ord. 118-79. Passed 6-11-79.)
709.08   REVOCATION OF LICENSE.
   If the proprietor of a place of business or other establishment in which a machine licensed under this chapter is located is found guilty of a violation of any criminal offense, Ohio R.C. Chapter 2915 or Fairfield Codified Ordinances Chapter 517 (Gambling), or Ohio R.C. 4301 or Fairfield Codified Ordinances Chapter 529 (Liquor Control), or the license holder has been found guilty of violating any of the provisions of this chapter the City Manager after written notice and an opportunity for the license holder to be heard, may revoke any license granted pursuant to Section 709.05, resulting in a forfeiture of the unused portion of the license, and may refuse to renew such license. (Ord. 38-88. Passed 2-22-88.)
709.99   PENALTY.
   Whoever violates any provision of this chapter shall be guilty of a misdemeanor of the first degree, shall forfeit the unused portion of the license, and shall for one year thereafter be unable to obtain license under this chapter. Each day such violation continues shall constitute a separate offense.
(Ord. 38-88. Passed 2-22-88.)