(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COIN-OPERATED AMUSEMENT DEVICE. Any amusement machine or device.
OPERATED BY. The insertion of a coin, token, or similar object for the purpose of amusement or skill and for the playing of which a fee is charged. The term does not include vending machines in which are not incorporated gaming or amusement features nor does the term include any coin-operated mechanical musical devices.
PROPRIETOR. Any person, firm, corporation, partnership, association, or club who (as the owner, lessee, or proprietor) has under his, her, or its control any establishment, place, or premises in or to which such device is placed or kept for use or play or on exhibition for the purpose of use or play.
(B) License required. No person, firm, or corporation shall engage in the business of an operator or proprietor of coin-operated amusement devices, as the terms are herein defined, without first having obtained the proper license therefor.
(C) Proprietor’s license fee. The license fee for each proprietor, as herein defined, shall be $25 per year for each device used or played or exhibited for use or play. All proprietors’ license fees shall be payable annually in advance; provided, where application is made after the expiration of any portion of any license year, a license may be issued for the remainder thereof upon payment of a proportionate part of the annual fee. In no case shall any portion of said license fee be repaid to the licensee.
(D) Application for license.
(1) Application for a license hereunder shall be filed in writing with the City Clerk, on a form to be provided by the city, and shall specify:
(a) The name and address of the applicant and, if a firm, corporation, partnership, or association, the principal officers thereof and their addresses;
(b) The address of the premises where the licensed device or devices are to be operated, together with the character of the business as carried on at such place;
(c) The number of devices to be licensed; and
(d) The name and address of the operator of the device or devices, if other than the proprietor.
(2) The proper license fee shall accompany such application. Application for license hereunder shall be first referred by the City Clerk to the Mayor and Council who shall make or cause to be made such investigation as they deem necessary. If the application is approved by the Mayor and Council, the license shall be issued by the Clerk, and the Clerk shall remit the fee to the City Treasurer.
(3) If the license is denied, the fee shall be returned to the applicant. All licenses under this section shall expire on May 9 following their issuance. The license shall be posted in a conspicuous place in the establishment of the licensee. Such license shall be non-assignable and nontransferable and shall apply only to the premises for which such license is issued.
(E) Increase number of devices. In case a proprietor licensed under the provisions of this section desires, after the expiration of any portion of any license year, to increase the number of devices to be used or played or exhibited for use or play in his or her establishment, he or she shall surrender his or her license to the City Clerk who shall issue a new license showing the number of devices licensed thereunder, upon payment of the proper additional pro rata license fee for the additional machines.
(F) Minors. No proprietor shall permit or allow any person under the age of 17 years nor shall any person under the age of 17 years be present upon the premises between the hours of 11:00 p.m. and 6:00 a.m. the following day on Sunday through Thursday and between the hours of midnight and 6:00 a.m. the following day on Friday and Saturday.
(G) Revocation of license. The Mayor shall have the right to revoke any license issued hereunder for the violation of any of the provisions of this section.
(Prior Code, Chapter 23, Article 3, § 4) Penalty, see § 113.99