Mendota Municipal Code Ch. 5.12 Amusement Devices

For the purposes of this chapter, the following words have the meanings set out in this section:

"Amusement device" means any device, machine, apparatus or other instrument operated electrically, mechanically or manually, for amusement proposes 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.

"Approved location" means any location approved by the city clerk for placement of an amusement device.

"Operator" means the person who owns, controls, offers for rent, has charge of, keeps or maintains any amusement device.

(Prior code § 7.09.001)

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 chapter.

(Prior code § 7.09.002)

The permit issued by the city clerk 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.

(Prior code § 7.09.006)

An application to the city clerk 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 city clerk, 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. 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;

C. The location at which the amusement devices are proposed to be permitted;

D. The number of amusement devices desired to be permitted at such location;

E. The date upon which the applicant desires the permit to be issued; and

F. Such other and further information as the city clerk may require.

(Prior code § 7.09.004)

A. A person applying for or renewing an amusement device permit shall pay the fee designated from time to time by resolution of the city council.

B. The permittee is not entitled to any refund for nonexercise of any permit issued or renewed pursuant to this chapter.

(Prior code § 7.09.009)

No permit is required, or shall be issued, under this chapter 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 law; and

D. Amusement devices designated to be ridden or occupied and used by children.

(Prior code § 7.09.003)

A. A permit issued pursuant to Section 5.12.080 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 city clerk 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 city clerk 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 city clerk may waive the requirement of any new investigation which would otherwise be required.

D. Upon payment of the renewal fee, the city clerk shall issue the permittee a stamp indicating the effective period of the renewed permit. The permittee shall affix the stamp to the original permit.

(Prior code § 7.09.007)

A. The city clerk shall make an investigation of the facts stated in the application and shall within forty-five (45) 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 the city zoning ordinance.

B. If the city clerk makes a finding unfavorable to the applicant pursuant to subsection A of this section, 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 city clerk shall issue the permit.

C. If any person holding an amusement device permit, or any agent or employee of any such person, violates, or causes or permits to be violated, any of the provisions of this chapter, or if any fact exists which would have been a ground for denial of the permit, the city clerk shall revoke such permit. If the permit of any person is so revoked, no new permit shall be granted to such person to maintain amusement devices within six months after such revocation.

(Prior code § 7.09.005)

Any person aggrieved by the action of the city clerk in denying or revoking an amusement device permit may appeal to the city council within thirty (30) days of the denial or revocation. If no appeal is filed within the time prescribed, the action of the city clerk shall be final.

(Prior code § 7.09.008)

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

(Prior code § 7.09.012)

Any permit issued or renewed pursuant to this chapter 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.

(Prior code § 7.09.011)

No permittee or operator of an amusement device shall cause, permit or allow the device to be located, kept, operated or maintained in violation of the city zoning ordinance.

(Prior code § 7.09.010)