A. Gambling: Nothing contained in this chapter shall be construed to permit the maintenance of any amusement machine for the purpose of gambling, and no machine constructed to return to the player cash, coins, tokens, chips, tickets or any other thing of value or any device which is the equivalent of or may be redeemed for cash or merchandise, or which indicates in any manner that cash or merchandise is due the player, shall be licensed by the city. Any and all machines whether licensed or not and which are used for gambling may be seized, condemned and destroyed by the chief of police, and nothing herein contained shall be construed to limit, modify, repeal or in any way affect the existing provisions of this code relating to gambling. (1961 Code § 5-8-5)
B. Token Operated Machines:
1. Findings:
a. Because of its large trade area, the city has a disproportionately large number of vending machines and other machines which dispense services, nearly all of which use United States currency.
b. There are a small number of vending machines within the city limits which use tokens that may be substituted for U.S. coins in nearly all the vending machines in the city.
c. The practice of using tokens in vending or other machines designed for coins, although illegal, cannot practicably be stopped by the criminal law or city offense code because vending machines are designed to be operated without continuous observation or supervision by the owners of the machines or proprietors of the businesses where they are located, and the placing of a token in a machine may happen so rapidly that it cannot be detected even when observed.
d. Tokens which are not the same size and weight as U.S. coins and do not purport to be U.S. coins are apparently not in violation of any state or federal laws.
e. Possession of tokens which do not violate state or federal law should not be made a criminal offense except where there is intent to use them illegally.
f. The only realistic way to prevent or greatly reduce the use of tokens in coin machines in the city is to outlaw vending machines which are designed to be activated by tokens usable in machines designed for U.S. currency.
g. The burden placed upon business establishments to redesign machines for the use of U.S. coins or tokens not usable as coins is in the long run less than the financial burden placed upon coin machine owners and banks in sorting tokens from legitimate coins and from being defrauded out of merchandise and services.
h. The city is a home rule city and the authority to prohibit token operated vending machines is not denied by general law or charter.
2. Prohibited; Exception:
a. Merchandise vending machines, amusement machines and other commercial machines which use other than U.S. currency for their operation are unlawful and prohibited. No owner, lessee or person in charge of any premises shall allow the placement of such a machine on his premises for use by the public or invitees.
b. Subsection B2a of this section shall not apply to any merchandise vending machine, amusement machine or other commercial machine which is activated by a token so different in size or weight from any U.S. currency that it cannot activate a machine designed for U.S. currency.
3. Possession Of Token With Intent To Use: It is unlawful for any person to possess any token with the intention of using it in a merchandise vending machine, amusement machine or other commercial machine activated by U.S. currency. (Ord. C66-208, 4-26-1983)