Chapter 5.24 — AMUSEMENT ROOMS

For the purposes of this chapter the following terms are defined as follows:

"Amusement device" shall refer to any mechanical or electrical device for amusement not prohibited by state law, but shall not include any manually operated device subject to license under the city business license law, nor shall it include music machines, weighing machines and machines which vend cigarettes, candy, ice cream, food, confections or other merchandise, in which there is deposited an exact consideration and from which in every case the customer obtains that which he purchases.

"Amusement room" shall refer to any room, space, table, or any facility whatever for the playing of any game or games of amusement involving the use of any amusement devices or playing cards of any description.

"Amusement room operator" shall refer to any person having in his possession upon any premises one or more amusement devices where the device is subject to play or use by any person in or upon the premises.

(Ord. 220 § 1, 1990; prior code §§ 6-201, 6-201.1—6-201.3)

A.

No person shall own, possess, operate, or maintain, directly or indirectly, or by rent, lease, consignment, commission or in any manner whatever any amusement device without first obtaining a license so to do and upon payment of the fees prescribed in this chapter.

B.

No person shall engage in or act as an amusement room operator without first obtaining a license so to do and upon payment of the fees prescribed in this chapter.

(Prior code §§ 6-201.4, 6-202)

All pertinent provisions of the city business license law shall apply to all licenses applied for or issued under this chapter unless a more specific or contrary provision shall be set forth in this chapter.

(Prior code § 6-203)

Every operator shall pay a quarterly fee of twenty dollars for each and every amusement device possessed, maintained or operated, during such quarter or any part thereof, without proration.

(Prior code § 6-204)

Every amusement room operator shall pay a license fee of thirty dollars for each and every table or game used or employed by the amusement room operator during such quarter or any part thereof, without proration.

(Prior code § 6-205)

License fees due under this chapter shall be paid in advance before engaging in the activities license hereunder. Fees for quarters thereafter shall be due and payable on January 1st, April 1st, July 1st and October 1st of each year.

(Prior code § 6-206)

No license shall be issued under this chapter except upon the recommendation of the police chief and approval of the council. No license shall be issued for any location where the council, in its sound discretion, deems it detrimental to the general welfare.

(Prior code § 6-207)

Every operator possessing, maintaining or operating amusement devices at more than one location and every amusement room operator maintaining an amusement room at more than one location shall obtain a separate license for each location.

(Prior code § 6-208)

No operator or amusement room operator shall maintain any amusement room or possess, maintain any amusement device upon any premises not specifically mentioned and set forth in the license issued therefor.

(Prior code § 6-209)

Any person who is both an operator and an amusement room operator shall be classified as both and separate licenses shall be required for each classification.

(Prior code § 6-210)

A.

No person under the age of eighteen years shall play or use any amusement device or be present in any room where any amusement device is located.

B.

No operator or amusement room operator shall permit any person under the age of eighteen years to play or use any amusement device to be present in any amusement room.

C.

No license shall be issued to any person for any premises wherein any card game or amusement device is subject to be played or used by any person in the presence of any person under the age of eighteen years.

(Ord. 269 § 6 (1), 1990: prior code § 6-211)

Every amusement room operator shall post in two conspicuous places in the amusement room the rules and regulations governing the conduct of all games in the amusement room.

(Prior code § 6-213)

No charges in excess of fifty cents per one-half hour per player shall be permitted in any amusement room.

(Prior code § 6-214)

A.

The conviction of any licensee hereunder of violation of any state law on gambling shall operate to automatically suspend the license of the person for a period of ten days following such conviction. Upon the third such conviction the license shall be automatically revoked, and all license fees shall be forfeited to the city.

B.

It is declared a public nuisance for any person to maintain any premises licensed hereunder in which the presence of the police shall be too frequently required to prevent violations of or arrest violators of state or city laws. Upon notice made to the council by the police chief that such a condition exists the council may, in its sound discretion, summarily suspend or revoke all licenses granted under this chapter for the premises.

(Prior code § 6-215)