Fairfax Municipal Code Ch. 5.40 Mechanical Amusement Devices

For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

MECHANICAL AMUSEMENT DEVICE. A machine which, upon the insertion of a coin or slug, operates or may be operated for use as a game, contest or amusement of any description or which may be used for any such game, contest or amusement, and which contains no automatic payoff device for the return of slugs, money, tokens or merchandise.

(Prior Code, § 5.40.010)

The provisions of this chapter shall not apply to any machine or mechanical device, sometimes called an automatic vending machine, which, in return for the coin deposited therein, will deliver the equivalent value of the coin in merchandise or music without the operation or playing of any game or contest; nor shall it apply to any mechanical amusement device if and when operated in conjunction with any other device or supervision so as by any means to provide a reward, in money or merchandise, for the skillful operation of the machine; nor if and when operated in conjunction with any other device or supervision so as to provide any reward in money or merchandise for a score or result dependent upon chance or accident.

(Prior Code, § 5.40.020)

No person shall operate a mechanical amusement device, nor permit the same to be operated, in any restaurant, store, cocktail lounge, resort, hall or other public place under the control of the person, without first obtaining a license from the town for the amusement device.

(Prior Code, § 5.40.030)

Any person desiring a license under this chapter shall make application therefor to the Town Clerk upon a form to be furnished by the town and no license shall be granted unless upon the form; or otherwise the applicant shall furnish the following information under oath:

(A) The name of the applicant;

(B) The residence of the applicant;

(C) The name of the country of which the applicant is a citizen;

(D) The ownership or intended ownership of the devices involved;

(E) The place where the devices are to be located;

(F) A description of the devices reasonably sufficient to identify them; and

(G) The number of devices to be operated at each location where the devices are to be operated.

(Prior Code, § 5.40.040)

(A) Notwithstanding any other provisions of this title, the Town Clerk may refuse to issue any license under this chapter until the facts set forth in the application have been checked and verified by the Chief of Police and it has been determined by the Chief of Police that the device to be licensed is in fact the sort of device contemplated by this chapter. It is made the duty of the Chief of Police to inspect the device from time to time and to report thereon to the Town Council and to the Town Clerk; and upon demand by the Town Clerk for an investigation of any particular device, the Chief of Police must immediately make an investigation and report thereon.

(B) The investigation may be made either at the time of initial application for license or at any time the license may be in force, or at any time when renewal of the license is sought.

(Prior Code, § 5.40.050)

(A) Upon receipt of an application for a license, executed as required by this chapter, and, if demanded, receipt of a favorable report from the Chief of Police, the Town Clerk is authorized and directed to issue a license as provided in this chapter upon the payment of a license fee for each such device in the amount of $1.50 for each month or portion of a month of the license period.

(B) The license shall expire upon June 30 or December 31 next succeeding its issuance. No license shall be issued for less than the remainder of the half year in which it is issued.

(Prior Code, § 5.40.060)

(A) Upon receiving an application for a license under this chapter, properly attested and sworn to by the applicant, the Town Clerk shall issue to the applicant a separate license for each restaurant or other place of business in which the devices are to be operated and for which the application is made, upon the payment of the fees prescribed in this chapter. The license in each case shall show the number and type of devices licensed and the place where they are to be operated, and shall be permanently affixed to the wall or other portion of the building where they are to be operated, in a prominent place.

(B) Any device possessed or operated in the town after the effective date of this chapter, without the license so displayed, at any time, shall be deemed to be unlicensed, and no license shall be effective, valid or in force, except while so displayed.

(Prior Code, § 5.40.070)

No transfer of ownership or possession of any mechanical amusement device shall carry with it a transfer of the license and the license shall, at all times, be non-transferable and personal exclusively to the applicant. No such license shall be valid at any location, except that for which it is originally issued, and upon any change of location, a new license must be obtained.

(Prior Code, § 5.40.080)