(a) Persons owning and operating coin-operated merchandise, service, music, amusement, or vending machines shall obtain annual licenses and pay the fees prescribed in this section. The liability for the licensee to operate any type of coin-operated merchandise, service, amusement, music, 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. Where a leasor-leasee relationship exists, the leasor shall be liable for the applicable license and fees.
(b) The annual license fee to own and operate a coin-operated baggage or parcel checking device which is used for the storage of baggage or parcels of any character, shall be fifty cents ($.50) for each section of any such device which is operated on the coin-in-the-slot principle; the annual license fee to own and operate any coin-operated toilet locker or device, sanitary napkin device or bed vibrator device shall be fifty cents ($.50) for each such locker or device. The Municipality shall not furnish decal stamps for these devices; however, 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 license number, and his address within the Municipality.
(c) The annual license fee to own and operate a total of twenty or more coin-operated merchandise, service, amusement, or music devices of the following types shall be: One cent devices, fifty dollars ($50.00); five cent devices, one hundred fifty dollars ($150.00); ten cent devices, two hundred fifty dollars ($250.00); over ten cent devices, three hundred dollars ($300.00). The operator of more than one type of such devices shall pay the highest fee prescribed. The annual license fee to own and operate less than twenty amusement or music devices shall be upon a per device basis as follows: one cent devices, two dollars ($2.00); five cent devices, five dollars ($5.00); ten cent devices, ten dollars ($10.00); over ten cent devices, twelve dollars and fifty cents ($12.50). Any device taking more than one denomination of coin shall be licensed on the basis of the largest denomination of coin taken or the total of the coins necessary to make the device function or operate.
(d) The aforementioned fees are not proratable, if taken out during the license year. Nor shall paid fees be refundable if a license is revoked, suspended, or if the business ceases during the license year.
(e) The provisions of this section shall not be applicable to any pay telephone, postage stamp vending machines or currency changing machines operated on the coin-in-the-slot principle.
(f) No license fee shall be required of persons keeping or maintaining such machines or devices owned by them in their own licensed stores, except where the principal business of the store is the operation of such machines and devices. Any person exempt from such license, however, shall obtain from the Recorder a license receipt, at a cost not to exceed fifty cents ($.50) each, showing that he is exempt. To obtain such license exemption, he shall make an affidavit and produce such other evidence showing him to be entitled to an exemption as the Recorder may require. Such affidavit and evidence shall be on a form to be prescribed by the Recorder.
(g) The owner of a coin-operated merchandise, service, amusement, music or a vending machine is liable for the payment of the license fee and upon his refusal or failure to pay such fee, the Recorder or his agents may take such machine or device into possession and deliver it to the Chief of Police, or the Chief of Police on his own initiative or upon the order of the Recorder, or his agents, may take such machine or device into possession. 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 Recorder within ten days after the date of 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. The proceeds from such a sale shall be used to pay the license fee and penalties due on such a machine or device and the Chief of Police's costs, including cost of impounding and storage. The balance, if there is one, shall be forfeited to the Municipality.
(1978 Code Sec. 8-28)