Modesto Municipal Code Art. 1 Amusement Devices

A violation of any provision of this article shall be punishable as an infraction as set forth in Section 1-2.01 of this Code, except where provisions of this article specifically make such violation a misdemeanor.

(Added by Ord. 1960-C.S., § 2, effective 1-7-78)

It shall be unlawful on any public or private premises within the City, for any person, either as principal, agent, servant or employee, to use or operate or permit to be used or operated any slot machine or other gaming or gambling devices as defined by any law of the City of any law of the State.

(Ord. 492-N.S.)

It shall be lawful to have, possess, use and operate amusement machines as herein defined, under the terms and regulations specified in this article.

(Ord. 492-N.S., amended by Ord. 550-N.S., § 1)

An amusement machine within the meaning of Section 4-1.102 of this article shall constitute only a machine or mechanical apparatus designed and/or intended to be operated or used for amusement purposes only and/or playing a game (such as but not limited to the machines or devices commonly known as "pinball machines," "light-ray machines" and similar machines) and operated or designed to be operated by coins. Nothing herein contained is intended nor is to be construed as permitting the licensing or keeping of any mechanical games within the City, the possession of which is illegal as a gambling device under and by virtue of the laws of the State.

(Ord. 492-N.S., amended by Ord. 550-N.S., and Ord. 1397-C.S., effective 12-4-74)

This article shall not apply to the following:

(a) Vending Machines. Any vending machine so designed and so operated as to sell and deliver merchandise only, equivalent in market value to the value of the coin or coins deposited, without the payment or delivery or the promise of payment or delivery of anything except the merchandise therein kept for sale.

(b) Children's Amusement Machines. Any coin-operated amusement machine or device especially designed and operated solely for the amusement of children (such as but not limited to mechanical animal and vehicle rides).

(c) Pool and Billiard Tables. Any coin-operated pool or billiard table which requires a coin to release the balls but on which table the game of pool or billiards is played in the traditional manner by use of cues and balls.

(d) Shuffleboards. Any coin-operated shuffleboard table which requires a coin to operate the scoreboard but on which table the game of shuffleboard is played in the traditional manner without the use of any mechanical or electronic devices.

(e) Jukeboxes. Any machine commonly referred to as a jukebox and so designed and so operated as to play music only when a coin or coins are deposited therein.

(Ord. 492-N.S., amended by Ord. 1397-C.S., effective 12-4-74, and amended during 11-98 supplement)

(Ord. 265-C.S., repealed by Ord. 1397-C.S., effective 12-4-74)

It shall be unlawful for any person, either as principal, agent, servant or employee to operate machines of the kind specified in Section 4-1.103 hereof without having a Permit to Operate Amusement Machines as herein specified.

Applications for Permits to Operate Amusement Machines shall be in writing, signed by the applicant, giving his name, business address, business or occupation, age, and such other information as may be required by the Police Chief. They shall be filed with the Finance Director with the filing fee therefor. The Finance Director shall refer the application to the Police Chief for investigation and decision. If the Police Chief finds from an examination of the application and such further facts as may be officially brought to his attention that the application is in proper form, the applicant of good moral character, and that the business therein applied for may be carried on without danger to the public peace, health or safety, the Police Chief shall approve the application and issue the permit applied for; but if he finds that the applicant is not a person of good moral character or that the business cannot be carried on without danger to the public peace, health or safety, he may deny the application.

The filing fee for a Permit to Operate Amusement Machines shall be payable in advance. Said filing fee shall be in an amount as established from time to time by resolution of the Council.

A Permit to Operate Amusement Machines shall remain in effect so long as the person to whom the permit is issued remains continuously in the business of owning and operating amusement machines or until it is revoked as hereinafter provided.

(Ord. 492-N.S., amended by Ord. 852-N.S., Ord. 1016-C.S., and Ord. 2783-C.S., § 1, effective 10-2-91)

It shall be unlawful for any person, either as principal, agent, servant or employee, to install or use or allow to be installed or used machines of the kind specified in Section 4-1.103 hereof without having a Location Permit as herein specified.

Applications for Location Permits shall be in writing, signed by the applicant, giving his name, business address, business or occupation, the premises at which the amusement machines are proposed to be located, the name of the person managing the business at that location, if different from the applicant, and such other information as may be required by the Police Chief. They shall be filed with the Finance Director with the filing fee therefor. The Finance Director shall refer the application to the Police Chief for investigation and decision. If the Police Chief finds from an examination of the application and such further facts as may be officially brought to his attention that the application is in proper form, and that amusement machines may be installed and used at the premises therein applied for without danger to the public peace, health or safety, the Police Chief shall approve the application and issue the permit applied for; but if he finds that the amusement machines cannot be installed and used at the premises applied for without danger to the public peace, health or safety, he may deny the application.

The filing fee for a Location Permit shall be the sum for each location applied for, payable in advance as established from time to time by resolution of the Council. The Location Permit required by this section shall be posted and exhibited in some conspicuous part of the premises for which it is issued.

A Location Permit shall remain in effect so long as the person to whom the permit is issued remains continuously in business at the location for which the permit is issued or until it is revoked as hereinafter provided.

(Ord. 492-N.S., amended by Ord. 1016-C.S., and Ord. 2783-C.S., § 1, effective 10-2-91)

It shall be unlawful for any person, either as principal, agent, servant or employee, to operate, install or use machines of the kind specified in Section 4-1.103 hereof without, in addition to the permits required by Sections 4-1.105 and 4-1.106 hereof, obtaining a license and paying the fees required by Chapter 1 of Title 6 of this Code.

(Ord. 492-N.S., amended by Ord. 1016-C.S., effective 5-20-70)

(a) There shall not be placed, kept and/or maintained more than eight (8) amusement machines in each business location unless otherwise permitted by conditional use permit or a planned development zone. This restriction shall not be construed to allow each person who holds a Permit to Operate Amusement Machines eight (8) amusement machines in each business location, but is intended to limit the total number of amusement machines to eight (8) in each business location.

(b) No amusement machine as herein defined shall be maintained, operated, conducted or used, nor kept for such purposes, within any place which is closer than three hundred (300) feet from any public or private school which conducts classes for any of the grades from kindergarten through the twelfth grade.

(Ord. 492-N.S., amended by Ord. 1016-C.S., Ord. 1491-C.S., and Ord. 1535-C.S., effective 8-11-76)

All Permits to Operate Amusement Machines issued in pursuance to this article shall be subject to revocation by the Chief of Police for violations of any of the terms or provisions of this article, or if the Chief of Police finds that the business permitted thereby may no longer be carried on without danger to the public peace, health or safety; provided that before such action is taken a notice to appear before the Chief of Police to show cause why such permit should not be revoked shall be served upon the permittee not less than three (3) days before the time fixed for such hearing. The action of the Chief of Police as to any of the matters referred to in this section shall be subject to appeal to the City Council as set forth in Chapter 4 of Title 1 of this Code.

(Ord. 1016-C.S., effective 5-20-70)

All Location Permits issued in pursuance of this article shall be subject to revocation by the Chief of Police for violations of any of the terms or provisions of this article or if the Chief of Police finds that amusement machines may no longer be installed and used at the premises covered by said permit without danger to the public peace, health or safety; provided that before such action is taken a notice to appear before the Chief of Police to show cause why such permit should not be revoked shall be served upon the permittee not less than three (3) days before the time fixed for such hearing. The action of the Chief of Police as to any of the matters referred to in this section shall be subject to appeal to the City Council as set forth in Chapter 4 of Title 1 of this Code.

(Ord. 1016-C.S., effective 5-20-70)

It shall be the duty of the Chief of Police, as well as the Director of Finance and the agents of each of them, to enforce this article.

(Ord. 1016-C.S., effective 5-20-70)