(A) Persons owning and operating coin-operated merchandise, service amusement or music devices or vending machines shall obtain annual licenses and pay the fees prescribed in this section on or before July 1 of each year.
(B) The liability for the licensee to operate any type of coin-operated merchandise, service, amusement or music devices or vending machines shall be upon the owner of the machine. The leasing of such a machine shall not be considered as a transfer of ownership of the machine and where a lessor-lessee relationship exists, the lessor shall be liable for the applicable license and fee.
(C) The annual license fee to own and operate a coin-operated baggage or parcel checking machine or device which is used for storage of baggage or parcels of any character, shall be set by Council from time to time for each section of any such device which is operated on the coin-in-the-slot principle; the annual license fee to own and operate any coin-operated toilet locker or device, sanitary napkin device or bed vibrator device shall be set by Council from time to time for each such locker or device. The owner shall identify each machine by installing on each device an identification label, plainly legible and visible, in such a manner that the machine need not be moved to observe the identification label, and the identification label shall contain the name of the owner, his or her license number and his or her street address within the town.
(D) The annual license fee to own and operate a total of 20 or more coin-operated amusement or music devices of the following types shall be set by Council from time to time: one cent devices; five cent devices; ten cent devices; over ten cent devices. The operator of more than one type of such devices shall pay the highest fee prescribed. The annual license fee to own and operate fewer than 20 amusement or music devices shall be upon a per device basis: one cent devices; five cent devices; ten cent devices; over ten cent devices. Any device taking more than one denomination of coin shall be licensed on the basis of the largest denomination of coin taken or the total of the coins necessary to make the device function or operate.
(E) The fees herein prescribed are on an annual basis, commencing July 1 of each year, expiring on the following June 30, and are not proratable if taken out during the license year nor shall fees paid be refundable if a license is revoked, suspended or business ceased during the license year.
(F) The provisions of this section shall not be applicable to any pay telephone, postage stamp vending machines or currency changing machines operated on the coin-in-the-slot principle.
(G) Except where the principal business of the operation of the store is the operation of such machines or devices, no license fee shall be required of persons keeping or maintaining such machines or devices owned by them in their own licensed stores; provided, that any person exempt from such license shall obtain from the Recorder a license receipt, at a cost set by Council from time to time, showing that he or she is so exempt, which shall be effective for the period as provided for annual licenses in this chapter, but to obtain such license receipt or other evidence as to the fact entitling him or her to such exemption as the Recorder in his or her discretion, may require, which shall be on a form to be prescribed by the Recorder.
(H) The proprietor or owner of the business conducted in the place where any such machine is kept or maintained is liable for the payment of such license fee and upon his or her refusal or failure to pay such fee the Recorder or his or her agents may take such machine or device into possession and deliver it to the Chief of Police, or the Chief of Police on his or her own initiative or upon order or discretion of the Recorder of his or her agents, may take such machine or device into possession, and in either event such machine or device shall be impounded until such license fee is paid; in the event the license fee and penalties are not paid to the Chief of Police within ten days and after the date of such impounding, then the Chief of Police shall sell such machine or device in the manner provided by law for the sale of personal property for taxes, and from the proceeds thereof shall discharge and pay the license fee due on such machine or device and his or her costs, including costs of impounding, storage, penalties and other fees due the town and the Chief of Police, and the balance, if any there be, shall be forfeited to the town.
(Prior Code, § 5-204)
Statutory reference:
For corresponding state license see W. Va. Code § 11-12-3