Los Banos Municipal Code Ch. 11 Marble Machines

For the purposes of this chapter, unless otherwise apparent from the context, "marble machine" shall mean and include:

(a) Any machine or device designed and/or intended to be operated and/or to be used for amusement purposes and/or playing a game upon the insertion of a coin, or anything representing a coin, which machine does not vend or deliver any prize; or

(b) A mechanical device by which, upon the deposit of a coin, slug, or similar article, the depositor becomes, or may become, entitled to receive merchandise, or representative merchandise, the amount of which varies from time to time and is determined by the mechanical operation of the machine, but the exact amount of which is capable of ascertainment prior to any operation of, or play upon, the machine.

(§ I, Ord. 148, as amended by § 13, Ord. 1161, eff. February 17, 2018)

It is unlawful for any person, either as principal, agent, servant, or employee, to operate, conduct, or maintain within the City any marble machine without having a valid unrevoked license so to do or without complying with the provisions of this chapter.

(§ II, Ord. 148, as amended by § 13, Ord. 1161, eff. February 17, 2018)

An applicant for the license required by the provisions of this chapter shall file an application therefor with the City Clerk. The application shall be in writing, shall be signed by the applicant, and shall state his or her business address, business or occupation, age, citizenship, and such other information as may be required. The license fee shall be deposited at the time the application is filed.

(§ III, Ord. 148, as amended by § 13, Ord. 1161, eff. February 17, 2018)

The application for the license required by the provisions of this chapter shall be referred by the City Clerk to the Chief of Police for investigation and examination and a report to the Council with his or her recommendation. If the Council finds from an examination of the application and such report and such further facts as may be officially brought to its attention that the application is in proper form, the applicant is a person of good moral character, and that the business therein applied for may be carried on without danger to the public health, morals, and safety, the Council shall approve the application and direct the License Collector to issue the license.

(§ III, Ord. 148, as amended by § 13, Ord. 1161, eff. February 17, 2018)

The Council may, in its sound discretion, and if, in its judgment, the applicant is not a person of good moral character, or the business cannot be carried on without danger to the public peace, health, and safety, deny the application for a license to operate, conduct, or maintain a marble machine.

(§ III, Ord. 148, as amended by § 13, Ord. 1161, eff. February 17, 2018)

The license fee for any person desiring to operate, conduct, lease, or maintain, either as owner, proprietor, lessee, employee, agent, or servant, any marble machine shall be Fifty and No/100ths ($50.00) Dollars per quarter, payable in advance. Upon the payment of such fee, the licensee shall have the privilege of installing marble machines in 10 locations in the City. For each location in excess of 10, the licensee shall pay an additional fee of Five and No/100ths ($5.00) Dollars per quarter, payable in advance, for each additional location. The quarters of the year shall begin on January 1, April 1, July 1, and October 1, of each year.

(§ III, Ord. 148, as amended by § 13, Ord. 1161, eff. February 17, 2018)

(a) Criteria. All licenses issued pursuant to the provisions of this chapter shall be subject to revocation by the Council for the violation of any of the provisions of this chapter or for any cause which appears satisfactory to the Council.

(b) Hearings: Notices. Before such action is taken, a notice to appear before the Council to show cause why such license should not be revoked or suspended shall be served upon the licensee not less than two days before the time fixed for such hearing.

(c) Council Action. The action of the Council shall be conclusive and not subject to review, and all applicants for the licenses required by this chapter shall be deemed to have agreed to the provisions of this section.

(§ V, Ord. 148, as amended by § 13, Ord. 1161, eff. February 17, 2018)

The License Collector, or his or her deputies, shall securely affix, or cause to be affixed, in a conspicuous place on each marble machine operated by a licensee pursuant to the provisions of this chapter a sticker or label legibly setting forth the name and address of the licensee, the license number, the year for which the license was issued, and the words "City of Los Banos." Such sticker or label shall bear the genuine signature, or a facsimile thereof, of the License Collector.

(§ IV, Ord. 148, as amended by § 13, Ord. 1161, eff. February 17, 2018)

No marble machine shall be maintained, operated, or conducted, nor kept for such purposes, within any place which is nearer than three hundred (300′) feet from any public or private school or in any place where minors under the age of 18 years are allowed to assemble or congregate.

(§ IV, Ord. 148, as amended by § 13, Ord. 1161, eff. February 17, 2018)

Any device or machine prohibited by any law of the State is hereby prohibited.

(§ I, Ord. 148, as amended by § 13, Ord. 1161, eff. February 17, 2018)

The provisions of this chapter shall not apply to any vending machine so designed and so operated as to sell and deliver merchandise for cash payment only.

(§ I, Ord. 148, as amended by § 13, Ord. 1161, eff. February 17, 2018)

It shall be the duty of the License Collector and the Chief of Police, and their deputies, to enforce the provisions of this chapter. Any marble machine not labeled as set forth in Section 11-11.08 of this chapter, and any machine prohibited by the provisions of this chapter or by State laws, and any machine which is being operated contrary to the provisions of this chapter shall be seized and confiscated.

(§ VI, Ord. 148, as amended by § 13, Ord. 1161, eff. February 17, 2018)

Any person violating any of the provisions of this chapter, or operating, conducting, or maintaining for operation, either by him or herself, or for another, or by another, any marble machine in violation of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction, shall be punishable as set forth in Chapter 2 of Title 1 of this Code.

(§ VII-A, Ord. 148, as amended by § 13, Ord. 1161, eff. February 17, 2018)