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The City Administrator shall have the authority to suspend all licenses issued hereunder, for a period not to exceed 14 days, upon finding that a licensee has failed to comply with the applicable ordinances of the City of Flint. The City Council shall have the authority to revoke all licenses upon receipt of a recommendation from the City Administrator. Prior to revocation, the licensee shall have the opportunity to appear at a public hearing before the City Council. Notice of the hearing before the City Council shall be delivered personally or by registered mail to the licensee and at least three days before the date of the hearing.
(Ord. 1989, passed 8-4-1967)
ARTICLE IV. CIGARETTE VENDING MACHINES AND MECHANICAL AMUSEMENT DEVICES
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)
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)
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.
(Ord. 599, passed 10-8-1945; Ord. 2831, passed 4-26-1982)
Any person desiring to obtain a license as an operator or to obtain licenses for mechanical amusement devices or to obtain a license to operate a penny arcade or cigarette vending machines shall first make application for such license to the City Council, in writing, which application shall be sworn to before the City Clerk or Deputy City Clerk and shall contain the following information:
(a) Name and address of applicant.
(b) The number of mechanical amusement devices or cigarette vending machines intended to be operated.
(c) If the applicant is an individual or a partnership, the names and addresses of all applicants and partners and a statement of any criminal convictions or pending criminal prosecutions of or against any such person.
(d) If the applicant is a club, association or corporation, the following data shall be given in addition to other requirements of this section.
(1) Type of organization.
(2) Names and address of the officers.
(3) The name and address of the person to be in charge of or manage the equipment for which the licenses covered by this article are required and a statement of any criminal conviction or pending prosecution of or against any such person.
(4) If the applicant is a nonprofit corporation, a detailed statement of its purpose and disposition of funds shall be given.
(e) There shall be attached to the application, sets of fingerprints in duplicate of all individual applicants and partners thereof and all persons who are managers or to be in charge of any equipment for which licenses covered by this article are required. If managers or persons in charge are set out above are changed during the license year, the requirements of this article shall be met before such duties are assumed by the new parties involved.
(f) The address of the location of the license(s). If said licenses are to be transferred from one location to another, in the City of Flint, the holder of the license shall notify the City Clerk, on forms provided by the City Clerk, of the old and new location of such license(s) and the approximate date of the transfer. In any event, notification shall be within forty-eight (48) hours after the transfer of said license(s). In the event that the City Clerk shall notify the holder of the license(s) that the proposed new location is on the “suspended” list, as indicated in § 12-35 hereof, the licensee shall remove the machine within forty-eight (48) hours.
(Ord. 599, passed 10-8-1945; Ord. 1039, passed 9-4-1952; Ord. 2831, passed 4-26-1982)
The applicant for an operator’s license shall deposit with the City Clerk at the time of filing an application, the license fee prescribed in Chapter 26 of this Code.
No license fee shall be charged for machines operated solely for the direct benefit of a charitable, benevolent, religious or eleemosynary organization.
(Ord. 599, passed 10-8-1945; Ord. 1838, passed 5-10-1965)
Upon filing the application as provided in this article, the same shall be referred to the Chief of Police and if, after investigation by the Chief of Police and the City Council’s determining that the applicant is of good moral character, and has not been convicted of any recent felony and/or any misdemeanor offense related to the person’s likelihood to serve the public in a fair, honest and open manner; and, that no such person is an officer, partner or owner of a company who may be applying, and if it appears that the applicant has complied with zoning requirements for the proposed location and requirements of this article, the City Council shall direct the City Clerk to issue a license of the type for which application was made.
(Ord. 599, passed 10-8-1945; Ord. 1039, passed 9-4-1952; Ord. 2831, passed 4-26-1982; Ord. 2936, passed 1-28-1985)
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