(A) PINBALL MACHINE. Any device in which marbles, balls, pellets, or other moving objects are propelled, released, or rolled, either by hand or with the aid of a mechanical plunger or other affixed mechanical device, in such a manner as to result in a score, tally, points, or other indication of relative success in the operation and playing of such pinball machine, whether the same is indicated by, or may be computed by, means of numbers, letters, lights, colors, or in any manner whatsoever and where all of such balls count in the total score of such machine. Every person maintaining or
operating a pinball machine on premises owned or leased by him shall pay a license tax on each such machine as follows:
(1) For each pinball machine on which the total possible score for any single game cannot be changed during the game, the sum of $40 per year; and
(2) For each pinball machine on which the total possible score, tally, or points for a single game may be increased by paying into such machine during such game additional coins, the sum of $80 per year.
(B) No license shall be granted for a pinball machine or game which is unlawful under state or local laws, or for a lawful machine or game which is played in an unlawful manner, or for any pinball machine in which the element of chance predominates. No license shall be issued for the operation of any machine which automatically discharges or pays, or is capable of discharging or paying, counters, slugs, money, checks, coupons, or tickets, whether in a sealed compartment or not.
(C) It shall be unlawful for any person owning, controlling, or having charge of any pinball machine to cause, permit, or allow such pinball machine to be located, kept, operated, or maintained to be operated within 500 feet of the nearest street entrance to, or exit from, any public playground or public or private school of elementary or high school grades, such 500 feet to be measured from the entrance or exit in the most direct line to the public playground or public or private school of elementary or high school grades.
(D) It shall be unlawful for any person owning, controlling, or having charge of a pinball machine, or any person in charge of the premises where a pinball machine is installed and being operated, to pay off in money or anything of value any winning that may be determined by any score or otherwise by the operation of any such game or device.
('61 Code, § 6-1.68) (Ord. 228 N.S., passed - - ; Am. Ord. 709 C.S., passed 9-15-99)