San Mateo County Municipal Code Ch. 5.116 Electronic Amusement Devices

It shall be unlawful for any person, for himself or any other person, firm or corporation, to distribute, operate, install, or to maintain or allow to be distributed, maintained, operated or installed any electronic amusement device as the same is hereinafter defined, in any place in the County of San Mateo, without having first obtained a License to distribute, install, operate, or maintain such devices as hereinafter provided.

This chapter shall not apply to any public entity or its employees functioning within the course and scope of their public employment regarding the distribution, operation, installation, or maintenance of electronic amusement devices actually utilized for educational and recreational purposes.

(Prior code § 5700; Ord. 2800, 10/05/82)

For the purpose of this chapter the following words and terms shall be deemed to mean and be construed as follows:

(A) "Electronic Amusement Devices". Any electronic machine, device, contrivance or apparatus, the operation or use of which is permitted, controlled, allowed or made possible by the deposit or placing of any coin, plate, disk, slug, or key into any slot, receptacle, crevice, or other opening, or by the payment of any fee or fees, for its use as a game or contest of any description, or which may be used for any such game or contest, and the use or possession of which is not prohibited by any laws of the State of California;

(B) "Distributor". Any person who shall, as owner, agent, employee or otherwise, distribute, place, install or deliver an electronic amusement device or devices to any Premises in the County of San Mateo, or who shall keep or store within the County of San Mateo any such electronic amusement device or devices for the purpose of distributing, placing, installing or delivering the same;

(C) "Operator". Any person who shall, as owner, lessee, employee, agent, or otherwise, operate, install, keep, maintain, permit, or allow to be operated, installed or maintained, any electronic amusement device in or upon any Premises owned, leased, managed, operated or controlled by such person within the County of San Mateo.

(Prior code § 5701; Ord. 2800, 10/05/82)

Nothing in this chapter shall be construed to permit the licensing, maintenance, distribution or operation of any electronic amusement device or apparatus which is contrary to any of the laws of the State of California or the ordinances of the County of San Mateo; nor to permit the operation of any such device Licensed hereunder in such manner as to be contrary to any of said laws or ordinances.

(Prior code § 5702; Ord. 2800, 10/05/82)

Every person desiring a License as required herein shall make written Application therefor to the County Tax Collector, who shall refer said Application to the Sheriff for processing. An Application for an operator's License shall be signed by the operator. The Application shall be verified and shall contain the following information:

(a) Name, address, and telephone number of Applicant and all persons financially interested in the operation or distribution of the electronic amusement device. Applicant shall also list business name and address, if any.

(b) Date and place of birth of Applicant.

(c) Whether Applicant desires distributor's License or an operator's License for the establishment in which the electronic devices are to be maintained and operated.

(d) If an operator's License is desired, the place where the electronic amusement devices are to be installed and operated together with the number of machines to be installed and operated in the establishment; also a brief description of the principal product or type of product sold or service rendered at the Premises upon which said electronic devices are to be operated or maintained.

(e) Whether Applicant is a citizen of the United States, and if naturalized, date and place of naturalization and certificate number.

(f) Whether Applicant has ever been convicted of a crime; if so, date and charge.

(g) A statement that the above electronic amusement devices are not intended to be and will not be permitted to be used for any gambling purpose whatsoever.

(h) The nature of Applicant's interest in or title to the device or devices for which the License is sought.

(i) Each Applicant for an operator's License shall set forth a general description of each electronic amusement device to be maintained on his Premises and the number thereof and such other information as may be required for identification.

Conviction of criminal conduct constituting a felony may be disqualifying. Conviction of criminal conduct involving illegal gambling, drugs, prostitution, or any other crime of moral turpitude may be disqualifying. Revocation of previous Licenses for electronic amusement devices may be disqualifying.

If the Application is approved by the Sheriff, the Tax Collector shall issue a License in favor of the Applicant. The operator's License shall set forth the maximum number of electronic amusement devices to be maintained on the Premises.

If the Application is denied, the Sheriff shall notify the Applicant within ten (10) days of said determination. Within thirty (30) days of receipt of the notification of denial, the Applicant may appeal said determination to the Board of Supervisors.

(Prior code § 5703; Ord. 2800, 10/05/82)

The Tax Collector shall deliver the License to the Licensee upon receipt of the fee which must be paid in accordance with the following schedule:

Fees for the Licenses issued after the first day of February in any calendar year shall be prorated so that the Licensee shall pay only a proportionate amount of the annual fee in accordance with the amount of time remaining in such year.

(Prior code § 5704; Ord. 2800, 10/05/82)

(a) No award, payoff, or delivery of anything of value, or representing or exchangeable, or redeemable for anything of value shall be made in any contest, league, or individual play on any electronic amusement device; and it shall be unlawful for any Licensee hereunder or any owner or operator of an electronic amusement device to cause, permit, or allow same.

(b) It shall be unlawful for any person or owner or operator of an electronic amusement device to cause, permit, or allow same to be located, operated or maintained within three hundred feet (300′) of the nearest entrance to or exit from any public or private school of elementary or high school grades.

(c) It shall be unlawful for any operator, proprietor or any person in charge, to allow any minor under eighteen (18) years of age to play or use any such amusement device during the academic year for schools between the hours of 7:00 A.M. and 3:00 P.M., except during school holidays and Saturdays and Sundays; and between midnight and 7:00 A.M. on all other days. Each electronic amusement device shall be so posted by the operator or proprietor.

(Prior code § 5705; Ord. 2800, 10/05/82)

Operators' Licenses issued hereunder shall be posted in a conspicuous place in the establishment for which the same is issued and shall remain until a new or different License is issued therefor, and shall show the number of devices authorized to be maintained therein. No License shall be transferable from one person to another, or from one establishment to another.

(Prior code § 5706; Ord. 2800, 10/05/82)

The Sheriff shall revoke any permit and License issued hereunder when in his opinion the permittee is violating or attempting to violate any of the provisions of this chapter, any law of the State of California, or any other ordinance of the County of San Mateo. In the event that any person is denied a permit, or shall have his permit revoked by the Sheriff, an appeal may be taken to the Board of Supervisors within thirty (30) days after the date of receipt of notice of said denial or revocation. If such an appeal is taken it shall be by written notice of appeal, filed with the Clerk of the Board of Supervisors and served upon the Sheriff by the Applicant or permittee. Said notice shall state the facts required to be stated in the Applicant's original Application. The Board of Supervisors shall set a day for hearing the said appeal and shall designate the time and place where such hearing is to be held. A notice of said hearing shall be given the said Applicant or permittee by the Clerk of the said Board of Supervisors by mailing the same to the last known address of said Applicant or permittee not less than five (5) days prior to the date set for said hearing.

At any such hearing the Applicant or permittee shall be given the opportunity to be heard and/or defend himself, and may call witnesses and present evidence in his behalf. The Sheriff, or his representative, shall attend the said hearing. Upon conclusion of such hearing the Board of Supervisors shall sustain or overrule, by majority vote, the decision of the Sheriff.

The holder of an operator's License may interchange electronic amusement devices without prior approval of the Sheriff's office. The operator's License shall clearly state the maximum number of electronic amusement devices to be operated under the authority of that License.

Misuse or manipulation of the interchangeability paragraph of this section will be grounds for revocation of an operator's License. Misuse is the operation of more electronic amusement devices than covered by the operator's License.

(Prior code § 5707; Ord. 2800, 10/05/82)