Laguna Beach Municipal Code Ch. 5.60 Amusement Devices

An amusement device is hereby defined as a machine, game or other device, whether coin-operated or otherwise, which may be operated for or used as a game, contest or amusement of any description.

(Ord. 574 § 1)

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 or coins in merchandise or music without the operation or playing of any game or contest; nor shall it apply to any amusement device, the possession or operation of which in a public place is prohibited by the laws of the state of California or by ordinance of this city.

(Ord. 574 § 1)

No person shall operate an amusement device as herein defined, nor permit the same to be operated in any restaurant, store, cocktail lounge, resort hall, or other public place, under the control of such person, without a license being first obtained hereunder for the amusement device.

(Ord. 574 § 1)

Any person desiring a license under this chapter, shall make application therefor to the director of finance upon a form to be furnished by the city, together with a fee. The fee shall be as set by resolution of the city council and shall be revised periodically to reflect changes in the cost of investigation and processing.

No license or permit shall be granted unless, upon the form or otherwise, the applicant shall furnish the following information under oath:

(1) The name of the applicant;

(2) The residence of the applicant;

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

(4) The ownership or intended ownership of the device or devices involved;

(5) The place where the device or devices are to be located;

(6) A description of the device or devices reasonably sufficient to identify it or them;

(7) The number of devices to be operated at each location where the device or devices are to be operated;

(8) That the applicant has not previously been convicted for the violation of the gambling laws of any state or of the United States.

(Ord. 574 § 1; Ord. 1006 § 14, 1981)

Upon receiving the application, properly attested and sworn to by the applicant, the director of finance 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 such application is made, upon the payment of the license tax provided by Section 5.08.661 of this code. The permit or license in each case shall show the number and type of devices licensed, 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 located, in a prominent place. Any device possessed or operated in the city without a license so displayed, at any time, shall be deemed to be unlicensed and no license or permit shall be effective, valid or in force except while so displayed.

(Ord. 574 § 1)

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

(Ord. 574 § 1)

Notwithstanding any of the foregoing provisions of this chapter, the director of finance may refuse to issue any license or permit under this chapter until the facts set forth in the application have been checked and verified by the chief of police and it shall have 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 hereby made the duty of the chief of police to inspect such device from time to time and to report thereon to the city council and to the director of finance and, upon demand of the director of finance for an investigation of any particular device, the chief of police must immediately make an investigation and report thereon. 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.

(Ord. 574 § 1)

All applicants receiving a permit pursuant to the provisions of this chapter shall at all times during the exercise of the privileges thereof maintain a close surveillance of the operation of the devices so as to prevent the use thereof for gambling purposes. Upon the final conviction of any person for the use of any amusement device in conjunction with or for the purposes of gambling as may be prohibited by the laws of this city or state, the permit for the device shall forthwith be revoked.

(Ord. 574 § 1)