Oakland Municipal Code Ch. 5.40 Mechanical and Electronic Games

As used in this chapter, the following words shall have the following respective meanings:

"Mechanical or electronic games" means any machine, apparatus, contrivance, appliance, or device which may be operated or played upon the placing or depositing therein of any coin, check, slug, ball, or any other article or device, or by paying therefor either in advance of or after use, involving in its use either skill or chance, including, but not limited to tape machine, card machine, pinball machine, bowling game machine, shuffleboard machine, marble game machine, horse racing machine, basketball game machine, baseball game machine, football game machine, electronic video game, or any other similar machine or device.

"Operator" means any owner or lessee of such mechanical or electronic games who installs or maintains the same in any place of business which is not his or her own or under his or her direct control where the same can be played or operated by persons in the same place.

"Person" means any corporation, association, syndicate, joint stock company, partnership, club, society or individual.

"Proprietor" means the person in whose place of business any such mechanical amusement device is placed for the use, amusement, patronage or recreation of the public or of persons in or about said place.

"School" means any educational institution, public, private, secular, or parochial which offers instruction of high school grade or below.

"Street" means any street, alley, way, boulevard, or road, either public or private, that is used or to be used for ingress or egress.

(Prior code § 3-14.01)

This chapter shall not apply to the following:

A. Any operation involving fewer than three mechanical or electronic games, except where said games provide the main or primary source of income for the proprietor thereof;

B. The operation or maintenance of such games in a poolroom or bowling alley for which a permit is required pursuant to Section 5.50.010, provided that the owner or operator of such poolroom or bowling alley excludes minors at all times;

C. Premises or operations licensed by the State Department of Alcoholic Beverage Control for on-sale consumption of alcoholic beverages excepting therefrom any such premises or operations which lawfully permit minors, such as bona fide public eating places.

(Prior code § 3-14.02)

Any proprietor owning or operating a business lawfully in existence upon the effective date of this chapter shall be deemed to have been issued a permit hereunder, provided that such proprietor within thirty (30) days after said effective date submits on a form prescribed by the City Manager a record of information on such existing business. No filing fee or permit fee shall be payable therefor. The provisions of this section shall apply to subsequent proprietors at the same location.

(Prior code § 3-14.03)

It is unlawful for any proprietor to install, operate or maintain to be operated, any mechanical or electronic game without first having obtained a permit from the City Manager in accordance with the provisions of and pursuant to Chapter 5.02. The permit shall be for the number of games therein specified. The use of additional devices shall require a new permit. The Chief of Police shall be the investigating official for the purpose of this chapter.

(Prior code § 3-14.04)

In addition to the notices provided for in Section 5.02.050, a "Notice of Intent to Apply for a Permit for Mechanical or Electronic Games" must be posted on the premises in question, and on every utility, telephone, or other public pole or stanchion for a distance of two blocks in each direction within five days of the filing of an application for a permit hereunder.

(Prior code § 3-14.041)

No operator shall install or allow any mechanical or electronic games to be installed in any proprietor's place of business which requires a permit as provided for in this chapter unless said proprietor has been issued such permit.

(Prior code § 3-14.05)

The application for a permit required hereunder shall be on a form prescribed by the City Manager. Fingerprinting of all applicants is required for purposes of enabling the investigating official to conduct his or her investigation.

(Prior code § 3-14.06)

The permit shall be permanently and conspicuously posted at the location of the games in the premises wherein said games are to be operated or maintained to be operated, and shall not be removed from said location during the period for which said license was issued.

(Prior code § 3-14.07)

No permit in this chapter required shall be transferable, nor apply to any premises other than originally specified as the location of the thing permitted, except upon written permission of the City Manager granted upon written application by the transferee, made in the same manner as may be required in the instance of the original application for such permit.

(Prior code § 3-14.08)

The permit provided for in this chapter may be revoked or suspended as provided for in Chapter 5.02. In addition, violation of any provision of this chapter shall be grounds for revocation or suspension.

(Prior code § 3-14.09)

No proprietor, employee thereof, or person in charge, shall allow any minor under eighteen (18) years of age to play or use any such game during the academic year for Oakland public schools between the hours of seven a.m. and three p.m., except during school holidays and on Saturday and Sunday, nor between the hours of ten p.m. and seven a.m. on all days preceding school days, and between midnight and seven a.m. on all other days.

(Prior code § 3-14.11)

All mechanical and electronic games must be visible from the entrance, and the entrance must be unlocked during all times that the premises in question are open for business.

(Prior code § 3-14.12)

Neither this chapter nor any provision therein contained shall include or apply to any act which is made a public offense by the Penal Code of the state of California, or by any other law of the state of California, or of the United States government; nor shall this chapter or any provision therein contained authorize or permit or be construed as authorizing or permitting the keeping, maintaining, possessing, using or operating in the city of any contrivance or device otherwise prohibited by law.

(Prior code § 3-14.13)

In addition to the criminal penalties provided for in this code, a violation of any provision of this chapter, or any condition caused or permitted to exist in violation of any of the provisions of this chapter shall, and is deemed and declared to be a public nuisance and may by the city be abated as such.

(Prior code § 3-14.15)