Jackson Municipal Code Ch. 5.40 Mechanical or Electronic Amusement Devices

For the purpose of this chapter the words set out in this section shall have the following meanings:

"Amusement center"

means any building or portion thereof open to the public which has five or more mechanical or electronic amusement devices as defined in subsection B of this section located on the premises.

"Mechanical or electronic amusement devices"

means any machine, apparatus, contrivance, appliance or device which may be operated or played upon the placing or depositing therein of any coin, check, slug, ball, plate, disk or key or any other article or device, or by paying therefor either in advance of or after use, and as a result of the action or operation of such machine, apparatus, contrivance, appliance, or device, dependent upon skill and not dependent upon hazard or chance, a score or result of such play, action or operation is in any way recorded, exhibited or made known, including, but not limited to, tape machine, card machine, pinball machine, bowling game machine, shuffleboard machine, marble game machine, horse racing machine, basketball game machine, baseball game machine, football game machine, electronic video game or any other similar machine or device.

"Person"

means any corporation, association, partnership or any natural person.

"School"

is as defined in Section 17.04.500.

(Ord. 528 §1, 1990)

It is unlawful for any person to install, operate or maintain any mechanical or electronic amusement device intended for use by the public in any business establishment without first having obtained a license for each device.

(Ord. 528 §1, 1990)

Any application for any mechanical or electronic amusement device license shall be accompanied by a nonrefundable fee established by resolution of the city council. The application fee shall be used to defray the costs of investigation and report, and is not in lieu of any other fees or taxes required under this code.

(Ord. 528 §1, 1990)

Mechanical or electronic amusement device licenses required by this chapter shall be issued for one year, or portion thereof, commencing July 1, of each year, coinciding with the payment of the business license for the premises, and shall not be transferable.

(Ord. 528 §1, 1990)

Any license issued pursuant to this chapter shall be affixed in a conspicuous place on the mechanical or electronic amusement device licensed hereunder. Such license shall show the license number and the date of expiration of the same, in addition to whatever additional information is deemed necessary.

(Ord. 528 §1, 1990)

Any business establishment containing mechanical or electronic amusement devices or which establishments would have qualified as amusement centers as of January 1, 1990, shall have until sixty days from the effective date of the ordinance codified in this chapter to conform to the provisions hereof. The person owning or operating said business establishment shall have the burden of establishing the precise number of devices located on the premises as of January 1, 1990.

(Ord. 528 §1, 1990)

During the academic year for public schools within the city corporate limits, no person under eighteen years of age shall play or use any mechanical or electronic amusement device in any business establishment between the hours of seven a.m. and three p.m., except during school holidays or vacations or on Saturday and Sunday, nor at any time between the hours of ten p.m. and seven a.m. of the day preceding a school day, unless accompanied by a parent or legal guardian. Any person owning, operating or employed in any business establishment where a mechanical or electronic amusement device is kept or used shall refuse to allow any person under eighteen years of age unaccompanied by a parent or legal guardian to play or use such devices between the above stated hours. A sign specifying the above hours and age restrictions shall be conspicuously posted at the location of the devices in the business establishment.

(Ord. 528 §1, 1990)

Every business establishment where a mechanical or electronic amusement device is kept or used shall be located and designed and lighted so that a complete view of the interior portion thereof devoted to such devices is available at all times from an adjacent street or exterior walkway area; provided, that no structural alteration of any public place where a mechanical or electronic amusement device is kept or used in existence and operation on the effective date of the ordinance codified in this chapter shall be required.

(Ord. 528 §1, 1990)

No person shall place, allow, keep, maintain, permit or locate any mechanical or electronic amusement device within three hundred feet of the nearest boundary of the grounds of any school in the city.

(Ord. 528 §1, 1990)

No person shall keep or use in any public place any mechanical or electronic amusement device equipped with any device which records free games won and is equipped to allow cancellation of free games won without the actual playing of said free games by the player.

(Ord. 528 §1, 1990)

No person shall keep or use in any public place any game or device commonly known as a "claw," "scoop," or "grab" machine or any automatic pay-off machine the operation, use, or play of which is controlled by placing therein any coin, plate, disk, plug, key, or other device, by the payment of fee.

(Ord. 528 §1, 1990)

Notwithstanding any provisions of this chapter to the contrary, it is unlawful for any person to install, operate or maintain any mechanical or electronic amusement device in any public place wherein the principal business being conducted is the sale of alcoholic beverages for off-sale consumption.

(Ord. 528 §1, 1990)

Any application for a license may be denied and any license issued pursuant to this chapter may be revoked or suspended upon the recommendation of the chief of police to the city manager, for violation of any provisions of this chapter, or for any other reason specifically provided in this chapter. An applicant or permittee may appeal the decision of the police chief concerning the denial, revocation, or suspension of a license to the city manager pursuant to the provisions of this code.

(Ord. 528 §1, 1990)

Any person violating any of the provisions of this chapter is guilty of a misdemeanor; and, upon conviction thereof shall be punished by a fine, by imprisonment in the county jail, or by both such fine and imprisonment.

(Ord. 528 §1, 1990)