(A) Requirements.
(1) All persons, owning, possessing, maintaining, or operating eight-liner machine(s) for use by the general public, private clubs, associations, fraternities or orders shall apply for a license and registration from the city. The license application must contain a complete statement about the identity of the owner of the eight-liner business: to include name, date of birth, social security number, business name, D.B.A. information, comptroller tax I.D. number, mailing address of owner, address of residence; address of business; the location where the eight-liner business will operate; the number of eight-liner machines at the location; a list of serial numbers, one assigned to each machine; the nature of any business being operated at the location; the date when each eight-liner machine was placed at the location; the owner of the location where the eight-liner machines will operate; and any other pertinent information that may be required by the city in the licensing and registration of eight-liner machines. Information provided for records will be updated on a monthly basis. If there is a change in any type of information that is observed and/or completed by the permit holder, property owner and/or manager the information will be immediately advised and/or relayed to the permits division of the Code Enforcement Department.
(2) A license issued for eight-liners under this chapter:
(a) Is required for each location and is personal to the applicant and may not be sold, bargained, conveyed, transferred or assigned to any other individual; with the exemptions as noted in division (C)(1)(e) and (E) below.
(b) May only be issued to a single individual, to be referred to herein as “business owner;”
(c) Does not vest any property or right in the licensee, except for the right to conduct the licensed business;
(d) No firms, clubs, corporations, or other legal entities including private clubs or associations shall be allowed to obtain a license to operate a coin-operated eight-liner business.
(B) Fees.
(1) (a) A business owner, manager or lessee of premises on which a coin-operated and/or slot machine is made available to others shall be required to secure a permit by paying to the city:
1. An initial new eight-liner business permit application fee of $2,000;
2. All state-regulated tax permit fees; and
3. All other fees in accordance with this chapter.
(b) Thereafter a per annual renewal inspection and coin operated machine premises permit fee will be as follows:
1. A business renewal permit application fee of $2,000.
2. All other fees as required by state-regulated tax permit fees.
(c) If a permit holder, business owner, manager or lessee is found to be operating more machines than previously reported, a fine of $1,000 per machine, over the original reported machines, shall be levied against the permit holder, business owner, manager or lessee in addition to any other fees due under this chapter.
(2) In addition to any fees referenced in division (B)(1) above, an owner, operator or lessee of premises on which a coin-operated and/or slot machine is made available to others shall be required to secure a permit per machine by paying to the city an annual inspection and coin-operated machine premises permit fee of $1,500 per machine per year.
(C) Expiration and renewal.
(1) Permits issued at any point of the calendar year shall automatically expire upon the following:
(a) On December 31 of each calendar year; or
(b) On the change of ownership of the building where the eight-liner machines are located; or
(c) Upon revocation of license by the City of Pleasanton or its designees; or
(d) Upon surrender of license by registered business owner; or
(e) Upon the death of the applicant.
(2) All permits shall be up for renewal by December 31 of each calendar year. All businesses in operation in accordance with this chapter are required to have the renewal permit paid in full prior to December 31 of each year. The City of Pleasanton shall not refund any portion of a coin-operated machine premises permit fee after the permit has been issued, nor shall it prorate or reduce in the amount any fee due to the city. If in the event fees are not paid in full by December 31 of each calendar year, the permit holder, business owner, manager or lessee shall be allowed ten business days, not including official holidays, to pay in full at a rate of one and one-half times the original amount. If fees are not paid within the time allotted, the permit shall be revoked.
(D) Restrictions.
(1) Persons under 21 prohibited. The presence of persons under 21 years of age on premises subject to coin-operated machine premises permits, is prohibited. It is an affirmative defense to prosecution under this chapter that the person 21 years of age or 18 years of age or older was a bona fide employee of the establishment subject to a coin-operated machine premises permit. A sign notice, informing the public of the violation, shall be placed at the entrance of the location.
(2) Alcoholic beverages prohibited. The presence of any alcoholic beverages on the premises of a coin-operated machine businesses is prohibited. No individual, person, owner or manager shall allow or be allowed to consume any alcoholic beverage on the premises of a coin-operated machine business location. No individual, person, owner or manager shall give, sell, bring to or allow the bringing of any alcoholic beverage on the premises of a coin-operated machine business.
(3) Posting of permit. The permit shall be posted conspicuously, noticeable to common view.
(4) Permit limitations. Solely one permit shall be issued to any one person or sole individual. Multiple permits shall not be issued to any one individual. A transfer of permit title shall not be allowed except as allowed in division (E) below. A new permit may only be issued to replace a permit that has been voluntarily relinquished or revoked. A new permit to replace an existing permit that has been relinquished or revoked shall only be issued to a registrant on the single waiting list. New permits may only be issued to qualified registrants on the city’s waiting list, in the order of their registration.
(5) Window visibility. Windows shall be unobstructed and/or unpainted, as to allow for visibility. All windows sun screened or tinted must allow light transmission of 20% or more. No luminous reflectance, mirror, or reflective type material shall be allowed to be placed on same windows.
(6) Sign requirements. All signs for advertisement shall comply with the City of Pleasanton Code sections regulating sign regulations. No unauthorized signs shall be placed or allowed to be placed on the permitted business property without prior approval from the building inspector of the Code Enforcement Department. Any signs deemed to be out of compliance shall be grounds for revocation of business permit.
(7) Alarm monitoring. All holders of an eight-liner business permit shall have in operation an alarm monitoring system that is serviced by an alarm company that notifies emergency personnel. This system will provide the ability of the owner, manager or other designees to notify emergency personnel by phone, computer, wire or wireless communication or by a simple one touch notification (i.e., panic button).
(E) Exemptions. The immediate next of kin may continue operations of the specific eight-liner business and have the permit transferred over to the immediate next of kin’s name. The IMMEDIATE NEXT OF KIN shall be defined for the purpose of this chapter as; husband, wife, son, daughter, mother or father. All requirements still apply and continued operation must conform with this and other city ordinances that apply to business operations.
(Ord. 12-1074, passed 12-20-2012)