(a) Definitions. "Slot machine", when used in this article, shall not be deemed to include any pay telephone or postage stamp vending machine or newspaper vending machine operated on the coin-in-the-slot principle.
(b) Fees.
(1) 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 this State, shall be at the rate of two dollars ($2.00) for each machine or device kept or maintained by the licenses.
(2) 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 five dollars ($5.00) for each such machine or device kept or maintained by the licensee.
(c) License Application; Decalcomania Stamp. Application for the licenses required herein shall contain the number of such machines or devices to be kept or maintained by the licensee within this 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 Collector shall issue to any such 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) Business Proprietor's Responsibilities.
(1) 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 and 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, then 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.
(2) It shall be the affirmative duty and obligation of any business proprietor, whether building owner or lessee, to report to the City Business Office, in writing, the fact that any automatic coin-operated slot vending or game machine has been installed or placed upon his place of business or upon a sidewalk immediately adjacent to his place of business, either by himself or any other person. Any business proprietor who fails to so notify the City Business Office within forty-eight hours of such placement (not counting weekends or holidays) shall be fined twenty-five dollars ($25.00) for each machine not so reported. Each day's continuation of such violation shall constitute a separate offense. The City Business Office shall keep forms available upon which such reports may be made, and shall keep such forms on file. Such forms shall require the name of the reporting proprietor, the address of the business premises where the machine(s) are located, the type and serial number of each of the machine(s) and the name and address of the owner of the machine(s).
Any business proprietor who already has such machines located upon his business premises at the time of the passage of this section by approval of the second reading thereof by Council, is hereby required to report such machines to the City Business Office on or before thirty days following the second reading. Any machine not reported after such thirty-day grace period shall be deemed to be in violation of this section.
(3) Upon the refusal or failure of the proprietor or owner to pay such fee, the City Collector or his agents may take such machine or device into possession and deliver the same to the Chief of Police. The Chief of Police on his own initiative, or upon order or direction of the City Collector or his agents, may take such machine or device into possession, and in either event, such machine or device shall be impounded until the license fee is paid.
(4) In the event the license fee and penalties are not paid to the City Collector within ten days after the date of such impounding, then the City Collector 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 cost of impounding, storage, penalties and other fees due the City and the balance, if there is any, shall be forfeited to the City.
(e) License Fee Exemptions.
(1) Except where the principal business of the operation of the storage 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.
(2) Any person exempt from such license shall obtain from the City Collector, a license receipt, decalcomania stamp or other evidence of exemption showing that he is so exempt, which shall be effective for the period as provided for annual licenses in this article; but 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 Collector, in his discretion, may require, which shall be on a form to be prescribed by the City Collector.
(1960 Code 4-123)