Brisbane Municipal Code Ch. 5.44 Mechanical Amusement Devices

For the purposes of this chapter, the following words and terms shall be deemed to mean and be construed as follows:

A. "Distributor" means any person who, as owner, agent, employee, or otherwise, distributes, places, installs or delivers, a mechanical amusement device or devices to any premises in the city, or who keeps or stores within the city any such mechanical amusement device or devices for the purpose of distributing, placing, installing or delivering the same.

B. "Gross receipts" includes the total amount of the sale price of all sales and the total amount charged or received from the performance of any act or service, of whatever nature it may be, for which a charge is made or credit allowed, whether or not such act or service is done as a part of or in connection with the sale of materials, goods, wares or merchandise. Included in gross receipts shall be all receipts, cash, credits and property of any kind or nature, without any deduction therefrom on account of the cost of the property sold, the cost of the materials used, labor or service costs, interest paid or payable, or losses or other expenses whatsoever. Excluded from gross receipts shall be cash discounts allowed and taken on sales; credit allowed on property accepted as part of the purchase price and which property may be sold; any tax required by law to be included in or added to the purchase price and sale price of property returned by purchaser upon rescission of the contract of sale as is refunded either in cash or by credit; amounts collected for others where the business is acting as an agent or trustee to the extent that such amounts are paid to those for whom collected.

C. "Mechanical amusement device" means any machine, device, contrivance, or apparatus, the operation or use of which is permitted, controlled, allowed or made possible by the deposit or placing of any coin, plate, disk, slug, or key into any slot, receptacle, crevice, or other opening, or any amusement device or game in which a fee is paid for its use or rental.

D. "Operator" means any person who, as owner, lessee, employee, agent, or otherwise, operates, installs, keeps, maintains, permits, or allows to be operated, installed, or maintained, any mechanical amusement device in or upon any premises owned, managed, operated or controlled by such person within the city.

(Ord. 222 § 2, 1977).

It is unlawful for any person, for himself or any other person, firm or corporation, to distribute, operate, install or to maintain or allow to be distributed, maintained, operated or installed any mechanical amusement device, as the same is defined in Section 5.44.010, in any place in the city, without having first obtained a license to distribute, install, operate or maintain such devices as provided in this chapter.

(Ord. 222 § 1, 1977).

Every person desiring a license as required in Section 5.44.020 shall make written application therefor to the chief of police. The application shall be verified and shall contain the following information:

A. Name and address of the applicant and all persons financially interested in the operation or distribution of the mechanical amusement devices;

B. Date and place of birth of the applicant;

C. Whether the applicant desires a distributor's license or an operator's license for the establishment in which the machines are to be maintained and operated;

D. Whether the applicant has ever been convicted of a crime; and

E. If an operator's license is desired, the place where the machine or machines are to be installed and operated, together with the number of machines to be installed and operated in the establishment; also a brief description of the principal product or type of product sold or service rendered at the premises upon which the machines are to be operated or maintained.

(Ord. 222 § 4(part), 1977).

Upon receipt of an application, the chief of police shall conduct an investigation to determine any criminal history of the applicant and persons financially interested in the distribution or operation of the machines for which licenses are sought. The chief of police shall then transfer the application to the city council, together with his recommendation as to whether or not it should be granted. The city council shall consider the application and shall approve or deny the same within thirty (30) days after receipt thereof, and shall return the application to the chief of police. If the application is approved by the city council, a permit in favor of the applicant shall be issued. All permits shall expire on the last day of the calendar year in which issued.

(Ord. 222 § 4(part), 1977).

A. The distributor shall pay a license fee as set forth in subsection A of Section 5.20.030.

B. An operator shall pay a license fee as set forth in subsection B of Section 5.20.030.

(Ord. 232 § 4, 1977: Ord. 222 § 5, 1977).

Operator's licenses issued under this chapter shall be posted in a conspicuous place in the establishment for which the same is issued and shall remain until a new or different license is issued therefor, and shall show the number of machines authorized to be maintained therein. No license shall be transferable from one person to another, or from one establishment to another.

(Ord. 222 § 8, 1977).

When in the determination of the chief of police a licensee has violated any provision of this chapter or any other ordinance of the city, or any federal or state law having a bearing on the licensee's fitness to conduct any operations regulated by this chapter, the chief of police shall revoke the license as provided in this section. The chief shall notify the licensee at least five (5) days prior to a hearing he shall conduct to determine whether the license shall be revoked. If at the conclusion of the hearing, the license is revoked, the licensee may request within five (5) days thereafter that he be provided with the chief's written findings in support of his decision to revoke the license. Such findings shall be provided to the licensee within ten (10) days of the conclusion of the hearing.

(Ord. 222 § 9(part), 1977).

The chief may suspend any license, during the pendency of a revocation proceeding, if he finds that such a suspension is necessary for the immediate preservation of the public health, safety or welfare. In case of such a suspension, the chief shall immediately give written notice of the suspension to the licensee, which notice shall specify the grounds for the suspension and the revocation and shall set forth a time and place of hearing on the revocation. If within five (5) days of such notice and suspension, the licensee shall request a hearing, the chief shall conduct such a hearing within ten (10) days of the beginning of the suspension.

(Ord. 222 § 9 (part), 1977).

In the event that any person is denied a license, or shall have his license revoked by the chief of police, an appeal may be taken to the city council within thirty (30) days after the date of the denial or revocation. If such an appeal is taken, it shall be by written notice of appeal, filed with the clerk of the city and served upon the chief of police by the applicant or licensee. The notice shall state the facts required to be stated in the applicant's original application. The city council shall set a day for hearing the appeal and shall designate the time and place where the hearing is to be held. A notice of the hearing shall be given to the applicant or licensee by the clerk of the city by mailing the same to the last known address of the applicant or licensee not less than five (5) days prior to the date set for the hearing. At any such hearing the applicant or licensee shall be given the opportunity to be heard and/or defend himself, and may call witnesses and present evidence in his behalf. The chief of police, or his representative, shall attend the hearing; the city council shall sustain or overrule by majority vote its prior decision or the decision of the chief of police.

(Ord. 222 § 9(part), 1977).

Nothing in this chapter shall be construed to permit the licensing, maintenance, distribution or operation of any mechanical device or apparatus which is contrary to any of the laws of the state or the ordinances of the city, nor to permit the operation of any mechanical play device licensed under this chapter in such a manner as to be contrary to any of said laws or ordinances. Any illegal or unlawful play devices operated in violation of the terms of this chapter may be seized and held by the chief of police.

(Ord. 222 § 3, 1977).

The value of any prize or payoff awarded in any contest, tournament, league or individual play of any mechanical amusement device shall not exceed ten dollars ($10.00), if the player is under the age of eighteen (18) years; if the player is eighteen (18) years of age or older, the value of the prize or payoff shall not exceed fifty dollars ($50.00). A licensee may apply to the city council for a special permit to increase the amount of the maximum prize or payoff to be awarded in a particular tournament or contest.

(Ord. 222 § 6, 1977).

A. It is unlawful for any person under the age of twenty-one (21) years to operate a mechanical amusement device in any manner or for any purpose in any establishment where alcoholic beverages are served. It is unlawful for the holder of any license or for any person in the employment of such holder to permit any person under the age of twenty-one (21) years to operate such mechanical amusement device in any establishment where alcoholic beverages are served. Evidence that any person under the age of twenty-one (21) years has operated any such device in a place of business owned or controlled by the holder of such license in any establishment where alcoholic beverages are served shall be sufficient to establish, prima facie, a violation of this chapter by such licensee.

B. Nothing in this section shall be construed to prohibit the operation of a mechanical amusement device by a person under the age of twenty-one (21) years in any bona fide public eating place. A "bona fide public eating place" means a place which is regularly and in a bona fide manner used and kept open for the service of meals to guests for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods which may be required for ordinary meals, the kitchen of which must be kept in a sanitary condition with the proper amount of refrigeration for keeping food on the premises and must comply with all regulations of the local department of health.

(Ord. 222 § 7, 1977).

Any mechanical amusement device installed, operated or maintained upon premises or establishments not licensed as provided for in this chapter may be seized and held by the chief of police until the premises or establishments are properly licensed. If a license is not applied for within thirty (30) days after such seizure, the machine may be destroyed and any money found therein deposited in the city treasury.

(Ord. 222 § 10, 1977).

The violation of any of the provisions of this chapter shall constitute a misdemeanor, punishable by the fines, penalties and enforcement provisions set forth in Chapters 1.14, 1.16 and 1.18 of this code.

(Ord. 222 § 11, 1977).

(Ord. No. 554, § 7, 1-18-11)