§ 12-23.5 PENALTY — DESIGNATION AS MUNICIPAL CIVIL INFRACTION.

   Any person, association or corporation found in violation of § 12-19 shall be found responsible of a municipal civil infraction pursuant to §§ 1-10 through 1-21.

(Ord. 3548, passed 6-9-2004)

ARTICLE IV. CIGARETTE VENDING MACHINES AND MECHANICAL AMUSEMENT DEVICES

§ 12-24 DEFINITIONS.

   For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section.

   CIGARETTE VENDING MACHINE. A mechanical device which, upon the insertion of a coin or slug, returns to the payer thereof the value of this money in cigarettes.

   GOOD MORAL CHARACTER. Shall be construed to mean the propensity on the part of the person to serve the public in the licensed area in a fair, honest and open manner.

   MECHANICAL AMUSEMENT DEVICE. A machine which, upon the insertion of a coin or slug, operated or which may be operated for the use as a game or contest of any description, or which may be used for any such game or contest, and which contains no automatic payoff device for the return of slugs, money, coins, checks, tokens, or merchandise which provides for no such payoff by any other manner or means.

   OPERATOR. Any person who contracts or permits any mechanical amusement device or cigarette vending machine to be installed, used and operated in other than his own place of business.

   OWNER. Any person who actually owns and has title to any such mechanical amusement device or cigarette vending machine who receives all the profit from the operation of such device or machines used and operated in his own place of business.

   PENNY ARCADE. Any establishment containing four (4) or more mechanical amusement devices must be licensed as a penny arcade; any establishment containing less than four (4) such machines need not be so licensed, and is designated as an “accessory amusement use.” In determining the number of machines toward requirement of an arcade license, pool tables shall not be counted.

(Ord. 599, passed 10-8-1945; Ord. 1671, passed 5-7-1962; Ord. 2831, passed 4-26-1982; Ord. 2936, passed 1-28-1985)

§ 12-25 LICENSE FOR OPERATOR AND MACHINES — REQUIRED; IDENTIFICATION OF MACHINES.

   No person shall install or permit the use of any mechanical amusement device or cigarette vending machine without first obtaining an operator’s license as provided in this article and mechanical amusement device license(s) for the number of mechanical amusement devices to be so installed or used.

   No person shall operate a penny arcade without first obtaining a license as provided in this article.

   Each mechanical amusement device installed or used in the City of Flint shall be clearly marked with the name, address and telephone number of the owner of such mechanical amusement device.

(Ord. 599, passed 10-8-1945; Ord. 2831, passed 4-26-1982)

§ 12-26 EXEMPTION FROM REQUIREMENT FOR OPERATOR’S LICENSE.

   The owner who actually owns and operates any mechanical amusement or cigarette vending machine device in his own place of business shall not be required to take out an operator’s license, but shall be required to take out a machine license for each amusement or cigarette vending machine device used. However, such any owner who owns and operates any mechanical amusement or cigarette vending machine device in his own place of business, shall file an affidavit with the City Clerk setting forth that he is the actual, bona fide owner of the amusement or cigarette vending machine device and receives all the benefits from the operation thereof and that no other person has any actual or beneficial interest therein, either directly or indirectly.

   In the case of any mechanical amusement device the owner shall have no right to place mechanical amusement devices in his own place of business during the period of suspension of such right as set forth in §§ 12-32 and 12-35 hereof.

(Ord. 599, passed 10-8-1945; Ord. 2831, passed 4-26-1982)