A. Any machine not having the tags required by Section 5.44.080 or the information required by Sections 5.44.085 and 5.44.025 Subsection B is declared a nuisance, and shall be subject to disconnection by the City. A representative of the City shall be authorized to disconnect and render said machine inoperative, following which the machine shall not be reconnected or returned to operation within the City until the game machine operator has paid to the Department of Finance and Management Services a reconnect fee of twenty-five dollars, or such amount as subsequently set by Resolution of the Mayor and City Council, and has paid the business license fee applicable to each machine under Section 5.04.275 of the Code. No person shall reconnect any machine which has been disconnected or rendered inoperative by a representative of the City, without prior payment of the reconnect fee to the City. No operator of the business upon whose premises the machine is located shall permit such machine to be reconnected without prior payment of the reconnect fee.
B. The Department of Finance and Management Services shall assess the person operating a business enterprise within the City upon whose premises one or more untagged game machines are found for each such untagged game machine, and for each game machine for which the information required under Sections 5.44.085 and 5.44.025 Subsection B has not been provided, an administrative fee in an amount computed to cover the average cost of investigating, locating, disconnecting and controlling untagged game machines and inadequately identified game machines. This assessment shall be the average cost of such procedures, initially in an amount of fifty dollars, or such amount as subsequently set by Resolution of the Mayor and City Council, for each such untagged game machine, and for each inadequately identified machine, which administrative fee shall hereafter be subject to periodic review and determination by the Mayor and City Council, based upon the experienced costs of such control and regulation. Such assessment shall be in addition to any reconnection fee imposed under Section 5.44.086 Subsection A. No such fee shall be assessed as to any such untagged machine when the business operator has notified the Department of Finance and Management Services, under the provisions of Section 5.44.025 Subsection B, in advance of the City's representative appearing at the scene, that such untagged machine was located upon the premises. Failure to pay any assessment within ten days after notice of imposition thereof shall be an omission justifying suspension of any business licensee's business license under the provisions of San Bernardino Municipal Code Section 5.04.650. In the alternative, the Department of Finance and Management Services may notify the person assessed that the business license for those premises will not be renewed, or reissued until all outstanding assessment fees have been paid.
(Ord. MC-1625, 2-21-24; Ord. MC-1484, 4-18-18; Ord. MC-192, 7-22-82)