San Bernardino Municipal Code Ch. 5.44 Coin-Operated Game Machines

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

COIN-OPERATED GAME MACHINE. Any machine, device or apparatus which is used as a game or contest of any description or for amusement, or which may be used for any such game or contest or for amusement and the operation or use of which is permitted, controlled or made possible by the deposit or placing of any coin, plate, disc, slug or key into any slot, crevice or other opening, or by the payment of any fee or fees in lieu thereof, except a machine, device or apparatus used or offered for use, by children for rides, or as a hobby horse or for the viewing of miniature cartoons or “kiddie theater” films in establishments or areas reserved for the use of children under the age of 14 years and their parents or guardians or by any person for playing or rendering music or as a test of strength or endurance.

PERSON. Any natural person, firm, partnership, corporation or association. The singular use includes the plural.

(Ord. 3470, passed 12-17-1974; Ord. 3542, passed 12-11-1975; Ord. 3562, passed 3-17-1976)

(A) (1) It is unlawful for any person to engage in the business of renting, operating, leasing, selling or maintaining coin-operated game machines in the city without first having secured a permit from the city to do so. A violation of any provisions of this chapter shall be a misdemeanor punishable by a $500 fine or six months in the county jail, or by both such fine and imprisonment.

(2) The following persons owning or operating local business establishments are exempt from the game machine operator permit requirements of this chapter:

(a) A person owning, operating and maintaining not more than two coin-operated machines as an incidental business used at a local place of business having the requisite business license pursuant to Article I of this title; and

(b) A person leasing coin-operated game machines at a local place of business from a person having a permit under this chapter.

(B) Any person required to obtain a permit under this chapter is hereinafter referred to in this chapter as a “game machine operator.”

(Ord. 3470, passed 12-17-1974; Ord. 3542, passed 12-11-1975; Ord. MC-130, passed 1-7-1982; Ord. MC-192, passed 7-22-1982)

(A) It is unlawful for any person operating any business enterprise within the city to have, in operation upon the premises of such person, any coin-operated game machine, as defined in this chapter, which does not have affixed thereto or posted in a conspicuous place nearby the tag or plate issued under this chapter as required by § 5.44.080. This section shall not apply to a person owning, operating and maintaining not more than two coin-operated games as an incidental business used at a local place of business having the requisite business license pursuant to Article I of this title, so long as the person actually owns, operates and maintains the machine himself or herself.

(B) Any person operating any business enterprise within the city which has in operation upon the premises of such person any coin-operated game machine, as defined in this chapter, shall, at the time of renewal of the annual business license for such business, provide to the Department of Finance and Management Services a list of all game machines then on the premises, and the names and addresses of the distributors of each such machine.

(C) Each such business operator shall notify the Department of Finance and Management Services within ten days after any change is made in the number of game machines on his or her premises for which a license is required, or after any change in the name or address of the distributor of any such machine is made. Any such person shall also notify the Department of Finance and Management Services immediately if an untagged game machine is installed upon his or her premises.

(Ord. MC-192, passed 7-22-1982; Ord. MC-1484, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024)

(A) An applicant for a game machine operator’s permit shall submit an application to the Department of Finance and Management Services which application shall be under penalty of perjury and upon a form supplied by the Department of Finance and Management Services. Such application shall include the true names, addresses and past criminal record, if any, of the applicant and of all persons financially interested in the applicant’s business, and such other information as may be deemed necessary by the Department of Finance and Management Services and Chief of Police to determine whether such game machine operator’s permit shall be granted. The application shall be accompanied by a fully executed fingerprint card as to each such applicant, prepared under the direction of the Chief of Police. An applicant shall pay a fee of $293 or such fee as may be subsequently be set by resolution of the Mayor and City Council, to cover the costs of the investigation required by § 5.44.040 and shall provide to the Chief of Police a money order payable to the State Department of Justice in such amount as required by that agency to process its report to the city based upon the fingerprint card provided. A $50 annual permit fee, or such fee as may subsequently be set by resolution of the Mayor and City Council, shall be paid at the time of issuance of a permit, which fee shall be prorated in the event that a permit is only for part of a year. A permit may be renewed annually upon payment of the annual permit fee.

(B) PERSONS FINANCIALLY INTERESTED includes all persons who are officers or directors of a corporation or share-holders holding more than 3% of the shares thereof or persons who share in the profits of a non-corporate business on the basis of gross or net revenue, but it does not include persons who receive a portion of such gross or net revenue in return for the privilege of permitting any other person to maintain such coin-operated game machine in their place of business.

(Ord. 3470, passed 12-17-1974; Ord. 3542, passed 12-11-1975; Ord. MC-192, passed 7-22-1982; Ord. MC-1484, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024)

The Chief of Police shall carefully investigate the applicant and the facts and circumstances concerning the application submitted to him or her pursuant to § 5.44.030.

(Ord. 3470, passed 12-17-1974; Ord. 3542, passed 12-11-1975; Ord. MC-576, passed 1-8-1987; Ord. MC-1484, passed 4-18-2018)

(A) (1) The Chief of Police shall either approve or deny the issuance of the permit to the applicant within 45 days of the date that the copy of the application is submitted to him or her.

(2) The Chief of Police may deny a permit on any of the following grounds:

(a) The operation will not comport with the peace, health, safety, convenience and general welfare of the public;

(b) The application is not complete in that all requested information is not supplied;

(c) The operation has been or is a public nuisance;

(d) The operation would be in violation of a city ordinance, state law or federal law;

(e) The applicant has been found guilty, pled guilty and/or pled no contest to a crime of moral turpitude;

(f) The applicant made a false, misleading or fraudulent statement of fact in his or her application for a permit;

(g) The operation by the applicant will be carried on in a building, structure and location which does not comply with and meet all of the health, zoning, fire and safety requirements and standards of the laws of the state and ordinances of the city;

(h) The applicant, his or her employee, agent or any person connected or associated with the applicant as a partner, director, officer, stockholder, associate or manager has allowed or permitted acts of sexual misconduct or lewd conduct to be committed within prior or present business operations; and

(i) The applicant has within the year prior to the application date willfully violated any provisions of this chapter or of the city licensing provisions in Title 5.

(B) The Chief of Police shall notify the applicant of the grant of a permit, or of the denial of his or her application for a permit and the reasons therefor. Service of such notice shall be made personally or by certified mail. The notice shall include or be accompanied by a statement that the applicant may request a hearing before the City Manager by filing with the City Clerk a written request thereof within ten days after service upon him or her of the notice of the denial of his or her application and that failure to do so will constitute a waiver of his or her right to a hearing.

(Ord. 3470, passed 12-17-1974; Ord. 3542, passed 12-11-1975; Ord. MC-576, passed 1-8-1987; Ord. MC-1484, passed 4-18-2018)

Within ten days after service upon the applicant of a written notice of the Police Chief’s denial of application for a permit, the applicant may file a request for hearing in writing and signed by or on behalf of the applicant and shall state his or her mailing address. It need not be verified or follow any particular form. Failure to file such a request for a hearing shall constitute a waiver of the applicant’s right to a hearing. No further notice other than notice of the date and place of hearing need be served on the applicant. Hearings granted under this section shall allow for the applicant to be represented by counsel. The decision of the City Manager shall be final.

(Ord. 3470, passed 12-17-1974; Ord. 3542, passed 12-11-1975; Ord. MC-576, passed 1-8-1987; Ord. MC-1484, passed 4-18-2018)

Upon the issuance of any game machine operator’s permit, the applicant therefor shall notify the Department of Finance and Management Services in writing of the location of each coin-operated game machine, and in the event of any change in the location of any machine, the permittee shall notify the Department of Finance and Management Services of the change within ten days including the address of the new location. At the time of issuing a business license for any coin-operated game machine, the Department of Finance and Management Services shall issue a tag or plate for each machine to be operated by the game operator within the city limits, and such tags or plates shall be given serial numbers consecutively in the order of their issuance. The tags and plates shall be of wear-resistant materials.

(Ord. 3470, passed 12-17-1974; Ord. 3542, passed 12-11-1975; Ord. MC-192, passed 7-22-1982; Ord. MC-1484, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024)

Every game machine operator shall, at all times, have affixed to or posted conspicuously nearby each coin-operated game machine regulated under the terms of this chapter the tag or plate issued under this chapter.

(Ord. 3470, passed 12-17-1974; Ord. 3542, passed 12-11-1975; Ord. MC-192, passed 7-22-1982)

Every coin-operated game machine regulated under the terms of this chapter shall, at all times, have affixed thereto in a conspicuous place thereon a tag, label, owner-identification card or other identifying device listing the name, current address and current telephone number of the distributor of such game machine.

(Ord. MC-192, passed 7-22-1982)

(A) Any machine not having the tags required by § 5.44.080 or the information required by §§ 5.44.085 and 5.44.025(B) is declared a nuisance, and shall be subject to disconnection by the city. A representative of the city shall be authorized to disconnect and render said machine inoperative, following which the machine shall not be reconnected or returned to operation within the city until the game machine operator has paid to the Department of Finance and Management Services a reconnect fee of $25, or such amount as subsequently set by resolution of the Mayor and City Council, and has paid the business license fee applicable to each machine under § 5.04.275. No person shall reconnect any machine which has been disconnected or rendered inoperative by a representative of the city, without prior payment of the reconnect fee to the city. No operator of the business upon whose premises the machine is located shall permit such machine to be reconnected without prior payment of the reconnect fee.

(B) The Department of Finance and Management Services shall assess the person operating a business enterprise within the city upon whose premises one or more untagged game machines are found for each such untagged game machine, and for each game machine for which the information required under §§ 5.44.085 and 5.44.025(B) has not been provided, an administrative fee in an amount computed to cover the average cost of investigating, locating, disconnecting and controlling untagged game machines and inadequately identified game machines. This assessment shall be the average cost of such procedures, initially in an amount of $50, or such amount as subsequently set by resolution of the Mayor and City Council, for each such untagged game machine, and for each inadequately identified machine, which administrative fee shall hereafter be subject to periodic review and determination by the Mayor and City Council, based upon the experienced costs of such control and regulation. Such assessment shall be in addition to any reconnection fee imposed under § 5.44.086(A). No such fee shall be assessed as to any such untagged machine when the business operator has notified the Department of Finance and Management Services, under the provisions of § 5.44.025(B), in advance of the city’s representative appearing at the scene, that such untagged machine was located upon the premises. Failure to pay any assessment within ten days after notice of imposition thereof shall be an omission justifying suspension of any business licensee’s business license under the provisions of § 5.04.650. In the alternative, the Department of Finance and Management Services may notify the person assessed that the business license for those premises will not be renewed or reissued until all outstanding assessment fees have been paid.

(Ord. MC-192, passed 7-22-1982; Ord. MC-1484, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024)

No game machine operator’s permit issued pursuant to this chapter shall be assignable or transferable either voluntarily or by operation or law or otherwise.

(Ord. 3470, passed 12-17-1974; Ord. 3542, passed 12-11-1975)

The Department of Finance and Management Services shall have the power, for good cause shown, to revoke or suspend any game machine operator’s permit issued under this chapter. Failure to pay any reconnect fee provided for in § 5.44.086, or any conduct deleterious to the public health, welfare or morals, and the existence of any of the reasons for a denial of a permit as set forth in § 5.44.050, shall each constitute good cause for suspension or revocation. Any such suspension or revocation shall be subject to appeal to the City Manager. The City Manager shall provide a hearing of such appeal, with notice and opportunity to present evidence, witnesses and arguments. The formal rules of evidence shall not apply. The City Manager shall issue a written decision explaining the basis of his or her decision on the appeal and a copy of the written decision shall be mailed to the appellant. The suspension or revocation shall be stayed pending the hearing.

(Ord. 3470, passed 12-17-1974; Ord. 3542, passed 12-11-1975; Ord. MC-192, passed 7-22-1982; Ord. MC-1484, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024)

The permit required under the terms of this chapter shall be in addition and supplemental to any business license or any permit required by any ordinance of the city.

(Ord. 3470, passed 12-17-1974; Ord. 3542, passed 12-11-1975)

Nothing in this chapter shall be construed to permit the licensing, maintenance or operation of any coin-operated game machine which is forbidden by any state or local law or regulation or to permit the operation of any coin-operated game machine in such a manner as to constitute gambling or otherwise be contrary to any such state law or regulation.

(Ord. 3470, passed 12-17-1974; Ord. 3542, passed 12-11-1975)

Any person violating any provision of this chapter or failing to perform the duties imposed hereunder is guilty of a misdemeanor, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010.

(Ord. MC-192, passed 7-22-1982; Ord. MC-460, passed 5-15-1985)