Fresno Municipal Code Art. 5 Amusement Devices

(a) Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning and application of words and phrases used in this article, and, except to the extent that a particular word or phrase is otherwise specifically defined in this section, the definitions and provisions contained in Article 2 of Chapter 1 of this Code shall also govern the construction, meaning and application of words and phrases used in this article unless the particular provision or the context otherwise requires. The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be.

(b) "Amusement device" shall mean any device, machine, apparatus or other instrument operated electrically, mechanically or manually, for amusement purposes only, for the use of which there is required to be deposited in such device, machine, apparatus or instrument, a coin, token or other thing of value. Tables used to play "billiards" as defined in Section 9-1801(a) of this Code, shall not be classified as amusement devices even if their use requires the deposit of a coin, token or other thing of value.

(c) "Operator" shall mean the person who owns, controls, offers for rent, has charge of, keeps or maintains any amusement device.

(d) "Approved location" shall mean any location approved by the Controller and Police Chief for placement of an amusement device. (Am. Ord. 80-171, § 8, eff. 12-26-80; Am. Ord. 95-27, § 1, eff. 5-5-95)

No person shall maintain an amusement device for operation or play at other than an approved location and pursuant to a valid permit issued under this article. (Am. Ord. 80-171, § 8, eff. 12-26-80).

No permit is required, or shall be issued, under this article for the following amusement devices:

(a) Amusement devices held in transit or storage and not available to be operated or played;

(b) Electrical musical devices;

(c) Amusement devices the maintenance or possession of which is prohibited by any law; and

(d) Amusement devices designated to be ridden or occupied and used by children. (Am. Ord. 80-171, § 8, eff. 12-26-80).

An application to the Controller for a permit to maintain amusement devices at any location may be made by the owner of the location. The application shall be in a form approved by the Controller, shall be signed by the applicant, and shall include the following:

(a) The applicant's and the operator's name, home address, local business address, and telephone numbers, including information as to persons doing business under fictitious names, members of partnerships, and officers of corporations or associations;

(b) The fingerprints of the applicant and the operator;

(c) A statement as to whether or not the applicant or the operator has ever been convicted of any crime and if so, the details of such conviction(s), specifying the particular crime involved and the dates and places of such conviction(s), excluding parking violations;

(d) The location at which the amusement devices are proposed to be permitted;

(e) The number of amusement devices desired to be permitted at such location;

(f) The date upon which the applicant desires the permit to be issued; and

(g) Such other and further information as the Controller may require. (Am. Ord. 80-171, § 8, eff. 12-26-80).

(a) The Controller shall make an investigation of the facts stated in the application and shall within forty-five days determine the following:

(1) Whether any statement made in the application is false;

(2) Whether the applicant or operator has had an amusement device permit revoked within the last six months;

(3) Whether the applicant and the operator have been fingerprinted;

(4) Whether the applicant or the operator has been convicted within the last five years of a crime involving moral turpitude; and

(5) Whether the proposed location is prohibited by Section 9-510.

(b) If the Controller makes a finding unfavorable to the applicant pursuant to subsection (a), he shall deny issuance of the permit and shall give the applicant prompt written notice of such finding and decision, including a statement of the specific reasons for denial. Otherwise, the Controller, with the approval of the Police Chief, shall issue the permit.

(c) Any person aggrieved by the action of the Controller in denying an amusement device permit may appeal to the City Hearing Officer in accordance with the provisions of Chapter 1, Article 4, of this Code. If no appeal is filed within the time prescribed, the action of the Controller shall be final. (Am. Ord. 80-171, § 8, eff. 12-26-80; Am. Ord. 2003-67, § 13, eff. 8-31-03).

The permit issued by the Controller shall contain the following:

(a) The name of the permittee and operator;

(b) The approved location for the amusement devices;

(c) The number of amusement devices permitted;

(d) The period for which the permit is valid; and

(e) A statement that the permit is not transferable. (Am. Ord. 80-171, § 8, eff. 12-26-80).

(a) A permit issued pursuant to Section 9-505 shall be effective for the remainder of the calendar year in which it is issued, unless earlier revoked.

(b) A permittee may renew his amusement device permit for the next calendar year, according to the same standards under which it was issued, by filing a statement with the Controller while the present permit is in effect, and no later than the fifteenth day of November. The statement shall include any modification of the information contained in the previous application and such other and further information as the Controller may require, and shall be signed under penalty of perjury.

(c) A permittee failing to renew the amusement device permit pursuant to subsection (b) of this section shall apply for a new permit. The Controller may waive the requirement of any new investigation which would otherwise be required.

(d) Upon payment of the renewal fee, the Controller shall issue the permittee a stamp indicating the effective period of the renewed permit. The permittee shall affix the stamp to the original permit. (Am. Ord. 80-171, § 8, eff. 12-26-80).

(a) A person applying for or renewing an amusement device permit shall pay the fee designated in the Master Fee Resolution.

(b) The permittee is not entitled to any refund for nonexercise of any permit issued or renewed pursuant to this article.

(Am. Ord. 80-171, § 8, eff. 12-26-80).

No permittee or operator of an amusement device shall cause, permit or allow the device to be operated between the hours of 7:00 a.m. and 4:00 p.m. within five hundred feet of the nearest street entrance to or exit from any public or private school ground of elementary or high school grades, on any day during which classes are held at said school for any of such grades, said five hundred foot distance to be measured from the entrance to the location of said device in the most direct line to the nearest entrance or exit of the school. This subsection shall not apply when the amusement device is placed in premises in which minors are prohibited from entering and remaining by the Alcoholic Beverage Control Act of the State of California.

(Am. Ord. 80-171, § 8, eff. 12-26-80; Am. Ord. 83-43, § 1, eff. 5-20-83).

Any permit issued or renewed pursuant to this article is not transferable to any person other than the listed permittee and operator, or to any location other than the approved location listed on the permit.

(Am. Ord. 80-171, § 8, eff. 12-26-80).

Each amusement device permit shall be posted in a conspicuous place at the approved location during the period for which it is valid.

(Am. Ord. 80-171, § 8, eff. 12-26-80).