(a) License Required. Persons owning and operating coin-operated merchandise, service, amusement or music devices or vending machines shall obtain annual licenses and pay the fees prescribed in this section on or before July 1 of each year.
(b) Owner Liability. The liability for the license to operate any type of coin-operated merchandise, service, amusement or music devices or vending machines 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 applicable 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.
(c) Fees.
(1) The annual license fee to own and operate a coin-operated baggage or parcel checking machine or device which is used for the storage of baggage or parcels of any character, shall be 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 50¢ for every such locker or device. The City 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, his street address and the name of the city and state.
(2) The annual license fee to owner and operate a total of twenty or more coin-operated amusement or music devices of the following types shall be: one-cent devices: $37.50; five-cent devices: $122.50; ten-cent devices: $168.25; over ten-cent devices: $225.00. The operator of more than one type of such device shall pay the highest fee prescribed. The 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: $1.50; five-cent devices: $3.75; ten-cent devices: $7.50; over ten-cent devices: $9.38. 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.
(3) 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: one-cent devices: $25.00; five-cent devices: $50.00; ten-cent devices: $75.00; over ten-cent devices: $125.00. 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: one-cent devices: $1.00; five-cent devices: $2.50; ten-cent devices: $5.00; over ten-cent devices: $6.25. 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.
(4) The fees herein prescribed are on an annual basis, commencing July 1 of each year, expiring on the following June 30, and are not proratable if taken out during the license year nor shall fees paid be refundable if a license is revoked, suspended or business ceased during the license year.
(5) No license fee shall be required of stores or businesses owning and operating such machines or devices owned by them in their own licensed stores: provided, however, that where the principal business is the operation of the machines or devices, then licenses shall be obtained as outlined above: and provided further, that any person, exempt or not liable for such license 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 store license number, his street address and name of the city and state.
(d) Devices Exempt. 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.
(e) License Application. Application for a license required herein shall contain the necessary information for the proper licensing under the foregoing fee schedule for machines that are owned and operated on location by the license within the City during the ensuing license year or any part of a fiscal year. Each vending machine operator shall make application to the City Clerk on forms provided by him and the applicant shall furnish such information as may be required by the City Clerk including a certified statement of the total number of machines, by location, of each coin denomination type in each classification, that is, service, music or amusement, and merchandise or services machines: provided, that vending machine operators operating twenty or more machines are only required to furnish the Clerk with a certified statement as to the total number of machines on location in this City, and the applicant shall be subject to the penalties of false swearing for any untrue statements contained in his application.
(f) License Number and Identification Label. The City Clerk shall assign each license issued hereunder a number. The owners of all coin-operated devices subject to the licenses heren provided shall properly 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, his street address and the name of the city and state.
(g) Device Sealed for Noncompliance. In the event any coin-operated device is found on location and not bearing the owner's address and current license number as prescribed above, the City Clerk or his agents may seal the device in such a manner as to make it inoperable. The seal shall state the date sealed and bear the signature and title of the sealer. Anyone other than the City Clerk or his authorized agent who shall break or tamper with such seals or conceal or move a sealed machine from its location, shall be subject to the criminal provisions of the State.
The owner of a sealed machine may petition the City Clerk to remove seal(s) from the owner's machine by filing a petition on forms provided by the City Clerk and paying to the City Clerk a sealing fee of $10.00 for each sealed machine. After receiving such petition and fee, and after the owner has complied with all the provisions of this article, the City Clerk shall, within a reasonable time, cause such petitioned seals to be removed by an agent of the City Clerk. If the owner of the sealed devices has not, within thirty days from the date the device was sealed, paid a sealing fee of $10.00 to the City Clerk as well as having, to the satisfaction of the City Clerk, complied with all other provisions of this article, then and in which event, the City Clerk or his agents shall take such sealed device into possession and deliver the same to the sheriff of the county in which such machine or device is found, or the sheriff of such county, upon order or direction of the City Clerk or his agents, shall take such sealed device into possession and forewith seal such sealed device in the manner provided by law for the sale of personal property for taxes; and from the proceeds of the sale, including any currency found in the sealed machines and removed prior to the sale, shall pay his costs, including drayage, storage, penalties and other fees due the City and sheriff; and the balance, if there be any, shall be paid to the City Clerk for deposit and credit in the same manner as are the license fees collected under this section.
(h) Reports. Every person subject to the provisions of this article shall make such reports and keep such reports as may be required by the rules and regulations of the Clerk and shall permit him to inspect such records and the stocks and supplies on hand at any time. Every such person shall be required to make his records available for inspection by the City Clerk or his authorized agents.
(i) Rules and Regulations. The Clerk is hereby authorized to make and promulgate such reasonable rules and regulations as may be necessary to administer the provisions of this section to insure the collection of the taxes imposed thereby. (7-1-68)