(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 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) 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 $0.50, or other amount deemed appropriate by the Municipal Court, 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 $0.50, or other amount deemed appropriate by the Municipal Court, for every such locker or device. The city will not furnish, deal 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 or her city license number, his or her street address, and name of city and state of residence.
(D) The annual license fee to own and operate a total of 20 or more coin-operated amusement or music devices of the following types shall be: one cent devices - $50; five cent devices - $150; ten cent devices - $225; over ten cent devices - $300; or other amounts deemed appropriate by the Municipal Court. 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 20 amusement or music devices shall be upon a per device basis as follows: one cent devices - $2; five cent devices - $5; ten cent devices - $10; over ten cent devices - $12.50; or other amounts deemed appropriate by the Municipal Court. 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.
(E) The annual license fee to own and operate a total of 20 or more coin-operated merchandise or service devices of the following types shall be: one cent devices - $50; five cent devices - $100; ten cent devices - $150; over ten cent devices - $250; or other amounts deemed appropriate by the Municipal Court. 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 20 merchandise or service devices shall be upon a per device basis as follows: one cent devices - $2; five cent devices - $5; ten cent devices - $10; over ten cent devices - $12.50;or other amount deemed appropriate by the Municipal Court. 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.
(F) 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.
(G) 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, 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 from 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 or her store license number, his or her street address, and name of city and state of residence.
(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) Application for 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 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 by him or her 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, viz., service, music or amusement, and merchandise or service machines; provided, that vending machine operators operating 20 or more machines are only required to furnish the City 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 or her 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 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 or her license number, his or her street address, and name of city and state of residence.
(K) 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 or her 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 or her 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 this chapter.
(L) The owner of a sealed machine may petition the City Clerk to remove seal(s) from the owner’s machine(s) by filing a petition, on forms provided by the City Clerk, and paying to the City Treasurer a sealing fee of $10 for each sealed machine, or other amount deemed appropriate by the Municipal Court. After receiving such petition and fee, and after the owner has complied with all the applicable provisions of this chapter, the City Clerk shall, within a reasonable time, cause such petitioned seals to be removed. If the owner of the sealed device has not, within 30 days from the date the device was sealed, paid a sealing fee of $10, or other amount deemed appropriate by the Municipal Court, to the City Treasurer as well as having, to the satisfaction of the City Clerk, complied with all other applicable provisions of this chapter, then and in which event, the City Clerk or his or her agents shall take such sealed device into possession and deliver the same to the Chief of Police, or the Chief of Police upon direction of the City Clerk shall take such sealed device into possession and forthwith sell such sealed device in the manner provided by law for the sale of personal property for taxes; and from the proceeds of sale, including any currency found in the sealed machine and removed prior to sale, shall pay his or her costs, including drayage, storage, penalties, and other fees due the city; and the balance, if any there be, shall be paid to the City Treasurer for deposit and credit in the same manner as are the license fees collected under this section.
(M) Every person subject to the provisions of this subchapter shall make such reports and keep such records as may be required by the rules and regulations of the City Clerk, and shall permit him or her to inspect such records and the stocks and supplies on hand at any time. Every such person shall be required to make his or her records available for inspection by the City Clerk or his or her authorized agents.
(N) The City Clerk is hereby authorized to make and promulgate such reasonable rules and regulations as may be necessary to administer the provisions of this section and other sections of this subchapter which relate to coin-operated devices to ensure the collection of the taxes imposed thereby.
(Prior Code, § 14-18)