733.39  VENDING OR SLOT MACHINES.
   (a)   Taxes Generally.  The annual license tax to keep or maintain an automatic baggage or parcel checking machine or 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 tax to keep or maintain any automatic toilet locker or device shall be fifty cents (50¢) for every such locker or device; the annual license tax 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 twenty-five cents (25¢) for every such machine or device; and, the annual license tax to keep or maintain any other automatic slot machine or device, which is not a gambling device, as aforesaid, shall be five dollars ($5.00) for every such machine or device.
   (b)   Exceptions.  "Slot machine" when used in this section shall not mean any pay telephone or postage stamp vending machine operated on the coin-in-slot principle.
   (c)   Pinball Machines.  The annual license tax to keep, operate or maintain a pinball machine or other like device, which is not a gambling device, shall be twenty-five dollars ($25.00).
   (d)   Electronic or Video Games.
      (1)   The annual license tax, to operate or maintain an electronic or video game, as defined below, shall be twelve dollars and fifty cents ($12.50) per game machine if less than twenty machines are involved, or a flat fee of two hundred fifty dollars ($250.00) if twenty or more machines are involved.
      (2)   "Electronic or video game" means games which, for a fee, allow the player to manipulate characters, paddles, weapons or the like upon a video screen or playing surface.
   Whether a particular game constitutes an "electronic or video game" shall be determined in the sound discretion of the individual or department responsible for the issuance of licenses from the City.
      (3)   The lessor of such machine shall be liable for the license tax if a leasing or rental arrangement is involved; otherwise, the owner of such machine shall be liable for the license tax.
      (4)   This section shall exempt public corporate bodies, which are the owners or act as lessors of such games, from the payment of the license tax.
   (d)   License Tax Delinquent; Impounding Machine.  In the event the owner of any automatic machine or device refuses, neglects or fails to pay the license tax due upon any such machine or device then the proprietor or owner of the business conducted in the store room or place where such machine is installed, operated or maintained shall be liable for the payment of such license taxes, and upon his refusal or failure to pay such tax the City Treasurer or his agents may take such machine or device into possession and deliver the same to the Chief of Police or the Chief on his own initiative or upon order or direction of the City Treasurer or his agents, may take such machine or device into possession, and in either event such machine or device shall be impounded until such license tax is paid; in the event the license tax and penalties are not paid to the Chief within ten days from and after the date of such impounding, the then Chief 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 tax due on such machine or device and his costs, including costs of impounding, storage, penalties and other fees due the City and Chief; and the balance, if any there be, shall be forfeited to the City.
   (e)   Display of City and State Licenses.  There shall be on display, in a conspicuous place, in each and every one of the places of business in the City wherein there are candy, soft drinks, cigarettes or coin or vending machines of other types, a bona fide City and State license authorizing the use of each of the vending machines then on the premises.
(Ord. 1424.  Passed 9-15-83.)