Mountain View Municipal Code Art. I Mechanical Amusement Devices

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Juke box. Juke box shall mean any music vending machine, contrivance or device which, upon the insertion of a coin, slug, token, plate, disc or key into any slot, crevice or other opening, or by the payment of any price, operates or may be operated for the emission of songs, music or similar amusement.

Mechanical amusement device. Mechanical amusement device shall mean any machine or device other than a pool or billiard table as defined in Sec. 26.11.1, which, upon insertion of a coin, slug, token, plate, disc, or key into any slot, crevice or other opening, or by the payment of any price, operates or which may be operated for use as a game, contest, or amusement, or to supply music which may be used for any such purpose, and which does not contain a payoff device, whether return of slugs, money, coins, checks, tokens or merchandise.

Owner or operator of a mechanical amusement device. Owner or operator of a mechanical amusement device shall mean any owner of such mechanical amusement device who operates or permits the same to be played or operated in his place of business or in any place under his control or who installs or maintains the same in any place where the same can be played or operated by persons in or about said place, or any person in whose place of business any such mechanical amusement device is placed for the use, amusement, patronage, or recreation of the patronage or recreation of the public or of persons in or about said place.

(Ord. No. 30.67, 11/13/67; Ord. No. 4.74, 2/11/74.)

No person shall install, operate or maintain to be operated any mechanical amusement device in the city without first having obtained a permit in writing to do so from the city.

(Ord. No. 175.40, 3/7/45.)

Application for such permit shall be made to the director of finance upon a form furnished by the city and shall contain the following information and statements in addition to whatever additional information is deemed necessary:

a. Name of the applicant.

b. Place where the mechanical amusement device is to be placed, maintained or operated; and if such mechanical amusement device or devices are to be placed, maintained or operated in connection with any other business or calling, the character of the business or calling.

c. The name of the owner of the place where such device is to be placed, maintained or operated.

d. A complete description of the type of mechanical amusement device and the manner in which it is to be placed, maintained or operated.

e. Statement whether device is wired for electricity.

f. The total number of mechanical amusement devices to be placed, maintained or operated at the location for which the permit is required.

g. A statement that the mechanical play device for which a permit is sought is not intended to be, and will not be permitted to be used for any gambling purpose whatsoever.

(Ord. No. 175.40, 3/7/45.)

All applications shall within five (5) days be forwarded to the chief of police and the building inspector for their action. They shall determine whether the ordinances of the city, and rules and regulations of their respective departments are complied with; and after such investigation they shall either approve or disapprove the application and return the same to the director of finance within five (5) days after their receipt, with their approval or disapproval. The application may be denied for cause by either the chief of police or the building inspector.

If the chief of police and the building inspector shall approve the granting of such application, the director of finance shall issue a license to the applicant, which license shall show the name of the owner, the place at which the device or devices are to be maintained or operated, the number of devices to be maintained or operated at this location, the amount of license fee paid, and the expiration date of the license.

(Ord. No. 175.40, 3/7/45.)

A valid license sticker shall be displayed in a conspicuous place on the premises where any amusement device licensed under Sec. 26.2 to 26.7 is located. The license sticker which is to be issued by the director of finance shall bear upon it the type of amusement device and the date of expiration of the license in addition to any other information deemed necessary. The owner or operator of the premises where the machine is located shall be responsible for display of said license sticker.

(Ord. No. 175.40, 3/7/45; Ord. No. 11.75, 3/31/75.)

No license sticker shall be transferable to any person, firm, corporation or association, or from one premises to another.

(Ord. No. 175.40, 3/7/45; Ord. No. 11.75, 3/31/75.)

Permits under this article may be revoked by the city council after five (5) days notice to the holder of a license issued under the provisions of Sec. 26.4 and a hearing had pursuant to such notice at which the holder shall have the right to offer evidence and have the services of counsel, when it satisfactorily appears to the council that it will be injurious to the public health, safety, welfare or morals of the people of the city to operate such machine on the premises where the business covered by the license is being conducted.

(Ord. No. 175.40, 3/7/45.)

Any amusement device license under Sec. 26.2 to 26.7 shall be subject to the following conditions and provisions:

a. No person having charge or supervision of any of the above-mentioned amusement devices, or any person in charge of the premises where the same are installed and being operated, shall pay off in money or anything of value any winning that may be determined by the operation of any such games or devices.

b. This article shall not be construed to permit the licensing of any slot machine or gambling device declared illegal by the Penal Code of the state.

c. Permits issued pursuant to the provisions of this article and licenses issued under the provisions of Sec. 26.4 shall not be transferable, and any attempted transfer shall render the permit and license in question invalid.

(Ord. No. 175.40, 3/7/45.)

Except as provided in Sec. 26.10, it shall be unlawful for any person to place, keep or maintain more than three (3) mechanical amusement devices, other than juke boxes, at any one business location. This section shall not be construed to allow each person who holds a permit to operate three (3) mechanical amusement devices in each business location, but is intended to limit the total number of mechanical amusement devices to three (3) in each business location.

(Ord. No. 4.74, 2/11/74.)

More than three (3) mechanical amusement devices may be placed, kept and maintained at one (1) business location provided the person so doing then holds a valid amusement location permit issued by the City of Mountain View authorizing such mechanical amusement devices at that location. It shall be unlawful for any person to place, keep or maintain mechanical amusement devices in excess of the number authorized by such amusement location permit or in violation of any of the provisions of such permit.

A verified application for an amusement location permit shall be filed with the chief of police containing such information as he shall deem necessary. The chief of police shall review the application and issue an amusement location permit only if he determines that the information contained in the application is true, that the applicant is a fit and proper person to operate such a business, that the applicant has complied with all applicable provisions of this Code and all other applicable laws and regulations, and that the maintenance and use of such mechanical amusement devices at that location would not be detrimental to public health, safety, welfare or morals. An amusement location permit may be revoked by the chief of police after ten (10) days written notice to the permit holder for any reason that would be grounds for denial of the permit. An amusement location permit may be issued for an indefinite period, but such a permit may be cancelled by the chief of police without regard to cause after one hundred eighty (180) days written notice to the permit holder.

Any person aggrieved by any action of the chief of police hereunder may, within ten (10) days thereafter, appeal said action in writing to the city council.

(Ord. No. 4.74, 2/11/74.)