(a) Definition. The term "coin-operated device" when used in this section shall not include any pay telephone or postage stamp vending machine operated on the coin-in-the-slot principle, nor any coin-operated devices which wash, dry, clean or dry clean items of any description.
(b) License Required. Persons owning and operating coin-operated merchandise, service, amusement or music devices or vending machines shall obtain annual licenses.
(c) Owner Responsible. The liability for the license to operate any type of coin-operated merchandise, service, amusement or music device or vending machine shall be upon the owner of the machine. The ownership shall be established by either a bill of sale, paid invoice or a conditional sales contract which has been recorded in the County Clerk's office. 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 fees.
(d) Amusement and Music Devices. The annual fee to own and operate an amusement or music device shall be upon a per device basis as follows: twenty-five-cent (25¢), or more, devices, twelve dollars and fifty cents ($12.50). Any devices taking more than one denomination of coin shall be licensed on the basis of the largest denomination of coin taken or on the total of the coins necessary to make the device function or operate.
(e) Merchandise and Service Devices. The annual license fee to own and operate a total of twenty or more coin-operated merchandise or service devices of the following types shall be: Twenty-five-cent (25¢), or more, devices, two hundred fifty dollars ($250.00). The operator of more than one type of such devices shall pay the highest fee prescribed. The license fee to own and operate less than twenty merchandise or service devices shall be upon a per device basis as follows: Twenty-five-cent (25¢), or more, devices, twelve dollars and fifty cents ($12.50). 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.
(f) Gaming Machines. The annual license fee to keep and maintain a "gaming" machine or like device shall be twelve dollars and fifty cents ($12.50) for every such machine or device.
(g) Fees Not Proratable or Refundable. The fees herein prescribed are on an annual basis and are not proratable if taken out during the license year nor shall fees paid be refundable if business ceases during the license year.
(h) Gambling Devices. Nothing in this section shall be construed to permit the licensing of any device which is deemed to be a gambling device under any law of this State.
(i) Application for License. Application for license required herein shall contain the necessary information for the proper licensing under the foregoing fee schedule. Each vending machine operator shall make application to the City Treasurer on forms provided by him, and the applicant shall furnish such information as may be required by the City Treasurer, including a certified statement of the total number of machines, by location, of each coin denomination type in each classification, i.e. service, music, or amusement, and merchandise or service machines. Vending machine operators operating twenty or more machines are only required to furnish the City Treasurer with a certified statement as to the total number of machines in the City.
(j) Impoundment of Devices for Nonpayment. In the event the owner of any automatic machine or device required to be licensed under this section neglects or fails to pay the license fee due upon any such machine or device, then the proprietor or owner of the business conducted in the room or place where such machine is installed, operated or maintained shall be liable for the payment of such license fee. Upon his refusal or failure to pay such license fee, the Licensing Officer may take the machine or device in his possession and deliver it to the City Treasurer, and the machine or device shall then be impounded until such license fee is paid. In the event the license fees and late fees and penalties are not paid to the City Treasurer within ten days after such impounding, the City Treasurer shall sell such machine or device in the manner provided by law for the sale of personal property for taxes, and the proceeds thereof shall be discharged and pay the license fees and penalties due on such machines or devices, and all costs and the balance, if any, shall be forfeited to the City.
(k) Exemptions. No license fee shall be required of any person keeping or maintaining within the City penny-coin-in-the-slot machines or devices which are not gambling devices under the laws of the State if the owner or operator or sponsor of such machines or devices attach to his application upon making application for such licenses, the affidavit of the president or other chief official of a nonstock corporation organized and existing under the laws of the State for benevolent, civic, educational, patriotic, eleemosynary or philanthropic purposes, stating that not less than twenty percent (20%) of the gross receipts from such automatic machines or devices are payable to such nonstock corporation; that the gross receipts paid to such corporation shall be used solely for benevolent, civic, educational, patriotic, eleemosynary and philanthropic purposes; that the execution of the affidavit has been authorized by a duly constituted meeting of the trustees, directors or members of such corporation.
(Passed 10-18-16.)