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All money derived from collection of license fees and transfer fees as herein provided and all money derived from payment of fines as provided in § 112.99(A) shall be paid into and become a part of the general fund of the city.
(Ord. O-148-38, passed 9-13-38)
COIN-OPERATED DEVICES
The number of coin-operated amusement devices, including electro-mechanical pinball machines, permitted at any one location shall not exceed the total number of five, and of the total number of five of these devices permitted, no more than two of the devices shall be of the electro-mechanical pinball machine type. Batting cages and billiard tables are not included as devices or machines as those terms are used in this section.
(Ord. O-32-79, passed 9-27-79; Am. Ord. O-27-81, passed 5-12-81; Am. Ord. O-38-93, passed 12-14-93) Penalty, see § 112.99
(A) There is excepted and excluded from the provisions hereof the following.
(1) Hotels, inns, or motels for accommodation of the traveling public which are designed primarily to serve transient patrons, and where the hotel, inn, or motel contains not less than 50 sleeping units, dining facilities for not less than 100 persons, and not less than 15,000 square feet of parking space.
(2) Facilities which (a) prohibit the entry of minors unaccompanied by a responsible adult, having dining facilities for not less than 100 persons, not less than 15,000 square feet of parking space, and derive at least 50% of their gross revenue from the sales of food and beverage; or, (b) prohibit the entry of minors unaccompanied by a responsible adult, having dining facilities for not less than 100 persons and providing a full food menu during all hours that the facility is open to the public, in a building of not less than 25,000 square feet. Provided, however, that facilities which operate under this division (2)(a) shall not be permitted to maintain on these premises, devices of the electro-mechanical pinball type.
(B) The provisions of (A) above shall not apply to any location:
(1) At which there existed and were operated five or more coin-operated amusement devices and/or electro-mechanical pinball machines on the date of final passage of Ordinance O-32-79; and
(2) Within such location there were, on the date of final passage of Ordinance O-32-79 and continue to exist, adequate restroom facilities consisting of separate facilities for male and female patrons. The requirement of this division (2) is satisfied if the location of these machines and devices is part of a larger building or structure and adequate restroom facilities consisting of separate facilities for male and female patrons exist within the larger building or structure which are available to patrons of the location by specific consent of the owner or person having control of the larger building or structure.
(3) If a location which is exempted under divisions (1) and (2) of this division (B) exists within an enclosed shopping structure which contains ten or more retail stores, and where security personnel are provided for all common areas of the structure, the location may be moved to other space within the structure and/or enlarged; provided that the total number of locations within the structure is not increased.
(4) Where the location of the machines and devices is within and part of a larger facility which offers recreational activities to the public such as golf, miniature golf, batting cages, basketball courts, racquetball, tennis, billiards, ice skating, roller skating, auto racing, boating, bowling, or other similar recreational activity.
(5) The maximum number of machines and devices allowed at each location to which division (B) of this section applies shall be determined in accordance with the following formula: one machine or device is allowed for each 100 square feet of the location (exclusive of parking areas) devoted to the recreational activities provided that: (1) not more than 40% of the area of the principal building at the location may be devoted to machines or devices, and (2) all machines and devices shall be contained within the principal building.
(Ord. O-32-79, passed 9-27-79; Am. Ord. O-27-81, passed 5-12-81; Am. Ord. O-23-90, passed 9-25-90; Am. Ord. O-38-93, passed 12-14-93; Am. Ord. O-24-14, passed 10-14-14) Penalty, see § 112.99
Statutory reference:
Regulating amusements, see KRS 85.150
Regulating amusements, see KRS 85.150
(A) For the purpose of this section, "MACHINE" shall mean and include any lawful coin or token-operated machine or device which contains no element of chance and which as a result of depositing a coin, token, or other object automatically by or through some mechanical operation affords music or amusement of some character with or without vending any merchandise, but in addition to any such merchandise. Such coin-operated amusement and vending machine shall not include any bona fide merchandise vending machine in which there is incorporated no amusement features.
(B) Every person, firm, or corporation which owns, leases, or maintains or permits to be placed on premises owned, leased, or occupied by it any machine which is operated within the city shall pay the license tax and obtain and attach and keep attached to the machine the license sticker provided for in this section. It is the intent of this section that the owner of any such machine and the owner, lessee or occupant of the premises upon which any such machine is operated shall have the joint and several duty to pay such license tax and obtain and attach and keep attached such license sticker to the machine.
(C) (1) The license tax shall, pursuant to KRS 137.410, be in an amount equal to the taxes provided for state purposes payable per machine per license period or any part thereof. The license period shall be for one year which shall correspond to the city's fiscal year (July 1 through June 30). The annual license tax shall be due and payable on July 1 each year or, in the case of a machine placed and put into operation in the city after July l of any year, on the day the machine is so placed and put into operation and annually thereafter so long as such machine remains in operation in the city. However, any person may procure a license to be effective only between January 1 and June 30 of any year by paying therefor a sum equal to one half of the annual license fee.
(2) Any person required to secure a license and to pay the tax who shall fail to secure the license and pay the tax at the time required therein shall pay a penalty of 20% of the amount of the tax due and in addition thereto interest at the rate of .5% per month on the principal amount of the tax during the period in which the tax is due and unpaid.
(D) (1) Upon payment of the license tax the person whose duty it is to pay the license tax shall obtain from the City Clerk a license sticker evidencing such payment. The license sticker shall be attached to the machine for which it was purchase and shall remain so attached at all times during the license period to which such sticker applies. Each license sticker shall be purchased for one and only one specific machine and shall not be transferred from one machine to another. The operation of a machine in the city without the license sticker attached shall be prima facie evidence of a violation of this section.
(2) At the time the license tax is paid and the license sticker obtained the person obtaining the sticker shall supply to the City Clerk such information as may be reasonably required by the city in order to keep records, account for, and administer this licensing procedure.
(E) In the case of all machines with respect to which one of the persons or legal entities required to pay the license tax and obtain the license sticker is a bona fide nonprofit organization, which has qualified for such status under the provisions of the U.S. Internal Revenue Code and regulations thereunder, the license tax shall be $1 per machine per license period or part thereof. At the time the license tax is paid and the license sticker is obtained under the provisions of this division, the person obtaining the license sticker shall present evidence to the City Clerk of qualification for the license tax provided in this division.
(F) The license tax paid hereunder shall not be a credit against any tax owing under the city's payroll-net profits tax ordinances.
(Ord. O-18-82, passed 6-8-82) Penalty, see § 112.99
TEEN DANCES ON PREMISES CONTAINING COIN-OPERATED DEVICES
This subchapter applies to commercial establishments having coin-operated amusement devices under §§ 112.10 through 112.12. If a facility is operating under §§ 112.10 through 112.12 and is in compliance with those sections even though it has more than five coin-operated amusement devices, the operation of a teen dance activity for minors between the ages of 13 and 18 years unaccompanied by an adult for which a license has been granted under this subchapter shall not be a violation of §§ 112.10 through 112.12 but only for the dates and during the hours of operation set forth in the issued license and only for as long as that license remains in effect.
(Ord. O-17-85, passed 4-23-85)
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