(A) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
MECHANICAL AMUSEMENT DEVICE. Includes any machine or device which, upon the insertion of a coin or token of any type in a slot or receptacle attached to or connected with such machine, operates or is designed to operate as a game, contest or amusement, or which may be used for any such game, contest and amusement.
MECHANICAL MUSICAL DEVICE. Includes any machine, apparatus or device designed or constructed for the purpose of producing, reproducing or playing any musical or vocal tones or combination of tones, made possible by the deposit or insertion of a coin or token in a slot or receptacle attached to such machine.
(B) License and registration required.
(1) No person, club or society shall maintain, operate, have in possession, or be permitted to maintain, operate or have in possession, or about any premises under his or her control, which premises are open to the public or to the membership of any club or society, any mechanical amusement device or mechanical musical instrument or device, unless a license and registration for each such device shall have first been obtained by the owner thereof from the Mayor.
(2) Premises which are open to the public, or similar words as used in this section shall include clubs, private club headquarters, and meeting places of fraternal and other societies, associations and bodies and all other public places.
(C) Application for license. Application for the license required by division (B) above, shall be made to the Mayor upon blank forms as shall be prescribed therefor. On the application the applicant shall state his or her name, whether an individual, partnership, corporation or other body, the address at which it is desired to maintain and operate such device, the nature of the business conducted at such place, the make, name with reference to the particular device which it is desired to operate, the name and address of the owner of such device, and such other and further information as the Mayor in his or her exclusive discretion may require.
(D) Issuance of license; registration sticker.
(1) Upon the filing of the application and the payment of the fee required by division (E) below, the Mayor shall issue a license to the applicant. Such license shall entitle the licensee to maintain and operate on the premises set forth and described in the application, the device described in the application, subject to the terms and conditions of this chapter and the other provisions of this code applicable thereto, and also subject to such rules which may be promulgated pursuant to division (A) above.
(2) At the time of issuing such license the Mayor shall issue to the licensee a registration slip or sticker for the device described in the application.
(E) Annual fee. The annual fee for a license issued under this chapter shall be as provided in § 113.014(E) and (F).
(F) Expiration of licenses. All licenses required by this chapter shall expire on December 31 of the year for which they were granted.
(G) Transfer of registration sticker. Any licensee under this chapter may transfer from time to time from one instrument or device to another the registration sticker issued in accordance with division (C) above; provided, however, that application for such transfer shall be made to the Mayor and such application shall be approved by the Mayor and a record thereof kept in his or her office. There shall be no fee for the transfer provided for in this section.
(H) Denial of application. The Mayor is authorized to deny any application for a license for a coin machine displayed or used contrary to the terms of this chapter. He or she shall notify such prospective licensee by mail, directed to the last address of such prospective licensee, of his or her decision to deny such license.
(I) Revocation of license. The Mayor shall revoke the license of any licensee under this chapter who shall violate any of the terms of this chapter or any of the rules and regulations established by the Mayor pursuant to division (L) below. The Mayor shall notify such licensee by registered mail, directed to his or her last address, of such revocation.
(J) Records. The Mayor shall keep and maintain on file in his or her office a full and complete list of all licenses issued under the provisions of this chapter, together with a cross-index showing the location of each registered device.
(K) Indecent games; gambling devices. No person, shall use or maintain any mechanical amusement device or mechanical musical device which shall play, produce, show, display or reproduce any obscene, immoral or indecent selection, game or advertisement or use, or permit to be used or maintained, any such device in any manner as to disturb the peace and quiet of the neighborhood or of persons outside the licensed premises, or to use or display the same for purposes of wagering or gambling.
(L) Rules established by Mayor. The Mayor is authorized to establish, adopt and enforce or cause to be enforced such rules and regulations concerning or governing the issuance of licenses required under this chapter as he or she may deem reasonable and necessary to carry out the provisions of this chapter.
(1986 Code, § 705.01) Penalty, see § 110.99