753.20 COIN-OPERATED DEVICES.
   (a)    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)    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 office of the Clerk of the County Commission. 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)    The license fee or tax required by this section shall include all coin-operated machines, including electronic or video games which include but are not restricted to 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 exclusive discretion of the individual department responsible for the issuance of licenses from the City.
   (d)    The annual license fee or tax 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 fifty cents (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 fifty cents (50¢) for each such locker or device. The annual license fee to own and operate any penny coin-in-the-slot machines or devices, which are not gambling devices under the laws of this State, if the owner, operator or sponsor of such machines or devices shall attach to his application, upon making application for such license, the affidavit of the president or other chief official of a nonstock corporation, nonprofit association or nonprofit organization, setting forth the information hereinafter required, shall be fifty cents (50¢) for every such machine or device. The information required in such affidavit shall be as follows:
      (1)    The affidavit shall provide that such nonprofit organization is organized and exists under the laws of the State for benevolent, civic, educational, eleemosynary or philanthropic purposes.
      (2)    The affidavit shall further state that not less than twenty percent (20%) of the gross receipts from such automatic machines or devices is payable to such nonstock corporation; that the gross receipts paid to such nonstock corporation shall be used solely for benevolent, civic, educational, eleemosynary and philanthropic purposes; and that the execution of the affidavit has been authorized by a duly constituted meeting of the trustees, directors or members of such nonstock corporation.
   (e)    The City shall furnish decal stamps for the devices mentioned in this section, which decal or identification label shall be applied to the machine by the owner in such a manner that the machine need not be moved to observe the identification label and shall contain such information as prescribed by the City.
   (f)    The annual license fee to own and operate a total of twenty or more coin operated amusement, music, service or merchandise devices, except those devices for which a fee or tax is hereinbefore provided, shall be as follows:
      (1)    Twelve dollars and fifty cents ($12.50) for each device if the owner operates less than twenty such devices.
      (2)    Three hundred dollars ($300.00) to own and operate a total of twenty or more of such coin-operated devices.
   (g)    Application for the licenses required herein shall contain the number and location 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 Clerk shall issue to 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. In addition to the license fee hereinbefore specified, the Clerk is further authorized to charge the owner of such machines or devices the sum of fifty cents (50¢) for each decalcomania stamp or other evidence of license which the Clerk provides.
   (h)    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.
   (i)    Applications for licenses required by this section 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 licensee within this 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 and the applicant shall furnish such information as may be required by the City Clerk, including, but not limited to the location of each machine and a certification that such machines are placed in locations which conform to the City Zoning Ordinance. The applicant shall be subject to the penalties of false swearing for any untrue statements contained in his application.
   (j)    The City Clerk shall assign each license issued hereunder a number. It shall be the responsibility and duty of the owners of all coin-operated devices subject to the licenses herein provided to properly identify each machine by installing on each device the decalcomania stamp or other evidence of license as provided by the Clerk, as hereinbefore mentioned, which device or identification label shall be plainly legible and visible, in such a manner that the machine need not be moved to observe the same. Further, the owner shall affix an identification label which shall contain the name of the owner, his street address and the name of the City and State.
   (k)    In the event any coin-operated device is found on location and not bearing the owner's address and the decalcomania stamp or other evidence as provided by the Clerk as hereinbefore provided, the City Clerk, or his agent, 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. No person other than the City Clerk or his authorized agent shall break or tamper with such seals, or conceal or move a sealed machine from its location.
   (l)   The owner of a sealed machine may petition the City Clerk to remove the seal from the owner 's machine by filing a petition, on forms provided by the City Clerk, and by paying to the City Clerk a sealing fee of ten dollars ($10.00) for each sealed machine. After receiving such petition and fee, and after the owner has complied with all of 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 a sealed device has not, within thirty days from the date the device was sealed, paid a sealing fee of ten dollars ($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 such event, the City Clerk, or his agents, shall take such sealed devices into possession and deliver the same to the Chief of Police or the Chief of Police upon order or direction of the City Clerk or his agents, shall take such sealed devices into possession and forthwith sell such sealed devices in the manner provided by law for the sale of personal property for taxes; and from the proceeds of such sale, including any currency found in the sealed machine and removed prior to sale, shall pay all costs, including storage penalties and other fees due to the City, and the balance, if there is 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.
(Ord. 86-7. Passed 6-30-86.)