Fontana Municipal Code Div. 2 Permit

Footnotes:

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Cross reference— Permit required for certain businesses, § 15-50.

(a) It shall be unlawful for any person to engage in the business of renting, leasing, selling or maintaining coin-operated any game machine, or from owning, operating or managing a cyber cafe business as the term "cyber cafe" is defined in section 30-11 of this Code, within the city without first having secured a permit from the city to do so.

(b) The following persons owning or operating local business establishments are exempt from the game machine operator's permit requirements of this division:

(1) A person owning and maintaining not more than two coin-operated game machines as an incidental business use at a local place of business having the requisite business license pursuant to article II of this chapter.

(2) A person leasing coin-operated game machines at a local place of business from a person holding a permit under this division.

(c) A person required to obtain a permit under this section shall be referred to in this division as a game machine operator.

(Code 1968, § 4-14; Ord. No. 1396, § 1, 3-4-03)

An applicant for a game machine operator's permit shall secure an application from the license officer of the city, which application shall be submitted under penalty of perjury upon a form supplied by such license officer and shall include the true names, fingerprints and past criminal record, if any, of all persons financially interested in the applicant's business, and such other information as may be deemed necessary by the chief safety administrator, safety service department of the city, to determine whether such game machine operator's permit shall be granted. The applicant shall pay a fee of $100.00 to cover the costs of the investigation required by section 15-158, and a fee of $25.00 each year thereafter for the annual renewal of such permit. For purposes of this section, the term "persons financially interested" shall include all persons who are officers or directors of a corporation or shareholders holding more than three percent of the shares thereof or persons who share in the profits of a noncorporate business on the basis of gross or net revenue, but it shall not include persons who receive a portion of such gross or net revenue in return for the privilege of permitting any other person to maintain any such coin-operated game machine in their place of business.

(Code 1968, § 4-15)

The license officer shall refer the application required under this division to the chief safety administrator, safety service department of the city, who shall carefully investigate the facts and circumstances concerning the application submitted to him and shall endorse on such application, in writing, his recommendations as to whether such game machine operator's permit should be granted to the applicant. Such application, together with such recommendation, shall be submitted to the city council. The city council may deny an applicant a game machine operator's permit if good cause appears why such person should not be engaged in such business. For the purpose of determining the existence of such good cause, the city council may cause a further investigation to be made and may continue the matter until its next meeting. If good cause does not appear to the city council why such person should not be engaged in such business, the license officer shall issue such game machine operator's permit to such applicant upon payment of the permit fee required by section 15-157.

(Code 1968, § 4-15.1)

No game machine operator's permit issued pursuant to this division shall be assignable or transferable either voluntarily or by operation of law or otherwise.

(Code 1968, § 4-15.2)

The permit required under the terms of this division shall be in addition and supplemental to any business license or any other permit required.

(Code 1968, § 4-15.3)

Upon the issuance of any game machine operator's permit, the applicant therefor shall notify the license officer in writing of the location of each coin-operated game machine. In the event of any change in such location, such permittee shall notify the license officer of the change within ten days of the location change.

(Code 1968, § 4-15.4)

Every coin-operated game machine regulated under the terms of this division shall at all times have affixed thereto by the game machine operator, in a conspicuous place thereon, a tag, plate or label stating the name of the holder of the game machine operator's permit.

(Code 1968, § 4-15.5)