741.23  SLOT MACHINES.
   (a)   The annual license fee to keep or maintain an automatic baggage or parcel checking machine or device which is used for the storage of baggage or parcels of any character shall be fifty cents for each section of such device which is operated on the coin-in-the-slot principle; the annual license fee to keep or maintain any automatic toilet locker or device shall be fifty cents for each such locker or device; the annual license fee to keep or maintain any other automatic penny slot machine or device, which is not a gambling device under any law of the city, shall be at the rate of two dollars for each machine or device kept or maintained by the licensee; the annual license fee to keep or maintain an automatic slot or coin machine which renders music shall be at the rate of twelve dollars and fifty cents per year for each such machine or device kept or maintained by the licensee; the annual license fee to keep or maintain any other automatic slot machine or device, which is not a gambling device as aforesaid, shall be at the rate of twelve dollars and fifty cents for each such machine or device kept or maintained by the licensee.
   (b)   The term “slot machine,” when used in this section, shall not be deemed to mean or include any pay telephone or postage stamp vending machine operated on the coin-in-the-slot principle.
   (c)   Application for the license required in this section shall contain the number of such machines or devices to be kept or maintained by the licensee within the city during the ensuing license year. One license certificate shall be issued to each person keeping or maintaining such machines or devices as aforesaid, but the city, by its recorder or other properly designated person, shall issue to any licensee a decalcomania stamp or other evidence of license for each such machine or device, which decalcomania stamp or other evidence of license shall be securely attached to the side or front of each such machine or device, properly protected and plainly visible. Every such machine or device shall also bear on the side or front thereof, so as to be plainly visible, the name and address of the person keeping or maintaining such machine or device.
   (d)   The proprietor or owner of the business conducted in the place where such machine is kept or maintained is charged with the responsibility of satisfying himself that such decalcomania stamp or other evidence of license is so attached before permitting its installation in his place of business; in the event the owner of any automatic machine or device refuses, neglects or fails to pay the license fee due upon any such machine or device, the proprietor or owner of the business conducted in the place where such machine is installed, operated or maintained shall be liable for the payment of such license fee, and upon his refusal or failure to pay such fee, the city, by its recorder or other properly designated person, may take such machine or device into possession and deliver the same to the chief of police of the city, or the chief of police on his own initiative or upon order or direction by the city or its 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 such agent of the city within ten days after the date of such impounding, 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 costs, including costs of impounding, storage, penalties and other fees due the city and/or the chief of police; the balance, if any, shall be forfeited to the city.
   (e)   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 city or its duly appointed agents a license receipt, decalcomania stamp or other evidence of exemption, at a cost not to exceed fifty cents each, showing that he is so exempt, which shall be effective for the period as provided for annual licenses in this article. To obtain such license receipt or other evidence of exemption, he shall make an affidavit and produce such other evidence as to the fact entitling him to such exemption as the city, in its discretion, may require, which shall be on a form to be prescribed by the city.
(6-1-87)