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For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COIN-OPERATED MACHINES. Any machine or similar device which, upon the insertion of a coin, slug, token, plate or disc, may be operated by the public generally for use for entertainment or amusement, whether or not registering a score. This definition shall not include juke boxes, telephone devices, washers and dryers or machines that sell merchandise.
GAME ROOM. A business establishment whose primary purpose is to provide coin-operated machines for general public entertainment or amusement purposes.
PERSON. A human being, and where appropriate, a public or private corporation, an unincorporated association, a partnership, a government or a governmental authority.
PREMISES. The land and building of the business establishment in and upon which the operation of coin-operated machines is carried on.
PROPRIETOR. Any person, firm, corporation or partnership who, as owner, lessor, lessee, tenant, servant, agent, officer, employee, operator or manager, has under his or her or its control or possession, in or on any business establishment being conducted as a game room, any coin-operated machines for use by the general public.
SCHOOL. Any educational institution, public, private, secular or parochial, which offers instruction of high school grade or below.
(1995 Code, § 5.36.020)
There are excepted and excluded from the provisions of this subchapter, hotels, inns or motels for accommodation of the traveling public which are designed primarily to serve such transient patrons, and where the hotel, inn or motel contains not less than 50 sleeping units, dining facilities for not less than 150 persons, and not less than 25,000 square feet of parking space and restaurants which receive 50% or more of its gross annual income from the sale of food and has a minimum seating capacity of 100 people at tables.
(1995 Code, § 5.36.030)
(A) Any proprietor owning or operating a game room lawfully in existence upon the effective date of this chapter shall be deemed to have been issued a permit hereunder; provided that, the proprietor, within 30 days after the effective date, submits on a prescribed form a record of information on the existing business, as if required herein. No filing fee or permit fee shall be payable therefor, but shall be payable at time of renewal.
(1995 Code, § 5.36.040)
(A) It is unlawful for any proprietor to install, operate or maintain to be operated any coin-operated machines without first having obtained a permit from the City’s Finance and Administration Department in accordance with this subchapter. The permit shall be valid only for the number of machines therein specified. The use of additional machines shall require a new permit. The Chief of Police shall be the investigating official for the purpose of this subchapter.
(B) No coin-operated machines shall be installed in any proprietor’s place of business unless such a permit has been issued.
(1995 Code, § 5.36.050) Penalty, see § 113.99
(A) (1) The application for a permit required hereunder shall be on a form prescribed by the City’s Finance and Administration Department.
(2) Fingerprinting of all applicants is required for purposes of enabling the investigating official to conduct his or her investigation.
(B) The permit shall be permanently and conspicuously posted at the location of the machines in the premises wherein the machines are to be operated or maintained to be operated and shall not be removed from the location during the period for which the license was issued.
(C) No permit issued under this subchapter shall be transferable, nor apply to any premises other than originally specified as the location of the thing permitted, except with permission of the City’s License Inspector upon written application by the transferee, made in the same manner as may be required in the instance of the original application for the permit.
(D) (1) Violation of any provision of this subchapter shall be grounds for revocation or suspension of the permit issued hereunder.
(2) Each permit is effective for a single place of business only.
(E) The issuance of the permit does not vest any property right in the proprietor, except to permit the use of coin-operated machines in accordance with the terms and conditions of this subchapter.
(1995 Code, § 5.36.060)
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