Clovis Municipal Code Art. 1 Amusement Machines and Phonographs

For the purposes of this article, certain words and phrases used herein are defined as follows:

(a)

“Amusement machine”

shall mean and include any sport or pastime played or operated with cards, dice, balls, pins, checkers, counters, quoits, beans, spindles, tables, wheels, or any other device, contrivance, or apparatus, or any combination thereof, which machine is operated by inserting therein a coin or by payment of a valuable consideration; provided, however, “amusement machine” shall not include marble games.

(b)

“Phonograph machine”

shall mean and include any machine or device playing phonograph records reproducing a voice, music, or sound, which machine or device is operated by inserting therein a coin or by payment of a valuable consideration.

(c)

“Amusement machine operator”

shall mean any person in the business of renting out or placing amusement machines in various locations in the City.

(d)

“Phonograph machine operator”

shall mean any person in the business of renting out or placing phonograph machines in various locations in the City.

(e)

“Year”

shall mean the period of time commencing on July 1st of any year and ending on June 30th of the following year.

(§§ 1 and 2, Ord. 189)

It shall be unlawful for any person to conduct, operate, or carry on the business of any amusement machine or to maintain any amusement device or phonograph machine without first having obtained from the City Clerk a license therefor and having paid the fees provided for in this article.

(§ 3, Ord. 189)

Every person desiring to conduct, operate, or carry on the business of amusement machine operator within the City shall make a written application to the City Clerk for a license so to do on forms to be provided by the City Clerk and shall pay an operator’s license fee in the sum of Twenty-Five and no/100ths ($25.00) Dollars per year, payable in advance.

(§ 4, Ord. 189; as amended by § 1, Ord. 378, eff. July 21, 1965)

Every person desiring to conduct, operate, or carry on the business of phonograph machine operator within the City shall make a written application to the City Clerk for a license so to do on forms to be provided by the City Clerk and shall pay an operator’s license fee in the sum of Twenty-Five and no/100ths ($25.00) Dollars per year payable in advance.

(§ 5, Ord. 189; as amended by § 2, Ord. 378, eff. July 21, 1965)

Every person operating or maintaining any amusement machine or phonograph machine in any location within the City shall pay a license fee for each amusement machine operated or maintained in the sum of Ten and no/100ths ($10.00) Dollars per quarter, or any fraction thereof, and the sum of Ten and no/100ths ($10.00) Dollars per quarter, or any fraction thereof, for each phonograph machine so operated or maintained, which license fee shall be paid in advance and shall be in addition to the fees provided in Sections 5.2.103 and 5.2.104 of this article.

(§ 6, Ord. 189; as amended by § 3, Ord. 378, eff. July 21, 1965)

The City Clerk shall issue a separate license for each amusement machine and phonograph machine and shall affix to each machine for which a license fee is paid a sticker setting forth the name and address of the licensee, the license number, and the year and quarter for which it is issued; provided, however, no license shall be issued by the City Clerk for any amusement machine until he has made an investigation concerning the legality of such amusement machine, and no license shall be issued unless the City Clerk finds that such machine is legal pursuant to the laws of the State.

(§ 6, Ord. 189)

Each licensee shall furnish to the Chief of Police a written statement of the location in the City of each amusement or phonograph machine operated by such licensee.

(§ 6, Ord. 189)

No amusement machine shall be operated within 500 feet of the exterior boundaries of any public playground or within 500 feet of the exterior boundaries of any public or private school grounds in the City.

(§ 7, Ord. 189; as amended by § 4, Ord. 378, eff. July 21, 1965)

Any amusement machine or phonograph machine which is operated in the City without a license shall be seized and held by any authorized officer of the City and may be redeemed only by the owner paying the reasonable value of the storage and safekeeping of such machine, together with a license fee for the period during which such machine was operated without a license. Such redemption shall be made within sixty (60) days after the seizure of the machine.

(§ 8, Ord. 189)

In the event any amusement machine or phonograph machine seized for nonpayment of the license fee shall not be redeemed as provided in Section 5.2.109 of this article, such machine shall be sold or destroyed by the City Clerk, and, if sold, the money received from the sale thereof shall be deposited in the City treasury.

(§ 9, Ord. 189)

The license fees provided for by this article shall be paid whether amusement machines or phonograph machines are operated in connection with any other business or not.

(§ 10, Ord. 189)