Berkeley Municipal Code Ch. 9.64 Amusement Devices

This chapter requires a distributor of amusement devices to secure a permit for each machine installed or maintained in a place of business within the City of Berkeley. A master application by a single distributor will suffice to permit all machines distributed. All proprietors of businesses with amusement devices will be required to secure a permit for each machine located in the place of business. Businesses with four or more machines operating as commercial recreation centers, as this term is defined in the Zoning Ordinance No. 3018-N.S., are subject to the business license tax applicable to commercial recreation centers, as provided by Section 9.04.170 of this code.

This chapter furthermore places restrictions on the hours which proprietors may allow minors to use amusement devices. (Ord. 5625-NS § 1, 1984; Ord. 5495-NS § 1 (part), 1982)

A. "Amusement device" means any machine or device which may be operated for use as a game, contest or amusement upon the insertion of a coin, slug, or token in any slot or receptacle attached to such machine or connected therewith, which does not contain a payoff device for the return of slugs, money, coins, checks, tokens, or merchandise.

B. "Distributor" shall mean any owner or lessee of such amusement device who installs, causes to install, or maintains the same in any place of business which is not their own or under their direct control where the amusement device can be played or operated by persons.

C. "Proprietor" shall mean the person licensed or required to be licensed to do business in whose place of business any such mechanical amusement device is placed for the use, amusement, patronage, or recreation of the public or of persons in or about said place. (Ord. 5495-NS § 1 (part), 1982)

No operator or proprietor or any person in charge shall allow any minor under seventeen years of age to play or use any such amusement device during the academic year for the Berkeley Unified School District, between the hours of seven a.m. and three p.m., except during school holidays, Saturdays and Sundays; nor between the hours of ten p.m. and seven a.m. preceding school days. Each machine shall be posted with a conspicuous sign indicating such restrictions by the operator or proprietor. (Ord. 5495-NS § 1 (part), 1982)

It shall be unlawful for any distributor to own, lease, install, place or sell any amusement device or share in the profits or proceeds therefrom without first having obtained a permit therefor. It shall likewise be unlawful for any operator to have in their possession any device for which a permit as required under this chapter has not been issued. (Ord. 5495-NS § 1 (part), 1982)

A distributor shall make written application for a distributor’s permit signed by the applicant to the City Finance Department on such terms as shall be prescribed. A permit must be secured for each amusement device; provided, however, that one application may suffice for all machines distributed by a single distributor. Such application shall contain the following information, in addition to whatever other information is deemed necessary by the Finance Department:

A. The name of the applicant.

B. The name and address of any person other than the applicant who holds any right, title or interest in or to each device for which a permit is sought. In those instances where such applicant is other than an individual, there shall be filed with the Finance Department and kept available for public inspection, a statement showing, in case of partnerships, the names and addresses of the partners; in the case of a corporation, the names and addresses of the principal officers; and, in the case of a business trust, the names of the trustor, trustee and beneficiary or beneficiaries.

C. The place where the device is to be placed, maintained to be operated, or operated and, if the device is to be placed, maintained to be operated or operated in connection with any other business or calling, the character of such business or calling.

D. A complete description of the type of the device and the manner in which it is to be placed, maintained to be operated or operated.

E. The total number of devices to be placed, maintained to be operated or operated at the location for which the permit is requested. (Ord. 5495-NS § 1 (part), 1982)

The fee for the issuance of a permit shall be established by resolution of the City Council and shall be payable annually in advance for the period from January 1 to December 31, and shall be prorated as to the time when the permit is applied for. Similar devices may be exchanged during the year by securing a replacement permit for the original permit issued to a distributor. The distributor shall secure the distributor’s permit before the exchange is made. (Ord. 5495-NS § 1 (part), 1982)

Upon approval by the Finance Department of the application and upon payment of the fee required by the preceding section, a permit shall be issued by the Finance Department for each device applied for. (Ord. 5495-NS § 1 (part), 1982)

A permit issued under this chapter shall be conspicuously displayed by the operator on the device permitted. (Ord. 5495-NS § 1 (part), 1982)

It shall be unlawful for any proprietor to install or cause to be installed any amusement device in the proprietor’s place of business without having first obtained a proprietor’s permit therefor; provided, however, that any proprietor who holds a valid commercial recreation center use permit issued pursuant to the provisions of Section 15.1(e) of Ordinance No. 3018-N.S., the Zoning Ordinance, is not required to secure proprietor’s permits for such devices. (Ord. 5495-NS § 1 (part), 1982)

A proprietor shall make written application for a permit required by this chapter signed by the applicant to the Finance Department on such terms as shall be prescribed. Such application shall contain the following information, in addition to whatsoever other information is deemed necessary by the Finance Department:

A. The name of the applicant.

B. The place where the device is to be placed, maintained to be operated or operated and, if the device is to be placed, maintained to be operated or operated in connection with any other business or calling, the character of such business or calling.

C. A complete description of the type of the device and the manner in which it is to be placed.

D. The total number of devices to be placed, maintained to be operated or operated at the location for which the permit is requested.

E. The name of any distributor furnishing such machines and the distributor’s permit number for each machine. (Ord. 5495-NS § 1 (part), 1982)

A fee for the issuance of a permit shall be established by resolution of the City Council and shall be payable annually in advance for the period from January 1 to December 31, and shall be prorated from the time the permit is applied for. Similar devices may be exchanged during the year by securing a replacement permit for the original permit issued to the proprietor. The proprietor shall secure the permit before the exchange is made. In the event a proprietor is also the owner of an amusement device, the fee shall be that established by resolution of the City Council. (Ord. 5495-NS § 1 (part), 1982)

Upon the approval of the Finance Department of the application and upon payment of the fee required by the preceding section, a permit shall be issued by the Finance Department for each device applied for. (Ord. 5495-NS § 1 (part), 1982)

A proprietor’s permit issued under this chapter shall be conspicuously displayed by the operator on the device permitted. (Ord. 5495-NS § 1 (part), 1982)