San Mateo County Municipal Code Ch. 5.96 Mechanical 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 pinball machine 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.

(Prior code § 5610.0; Ord. 992, 08/19/52; Ord. 2042, 04/28/70)

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

(a) "Mechanical Amusement Device". Any 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 a mechanical amusement device or devices to any premise in the County of San Mateo, or who shall keep or store within the County of San Mateo any such mechanical 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 mechanical amusement device in or upon any Premises owned, leased, managed, operated or controlled by such person within the County of San Mateo.

(d) "Pinball Machine". Any mechanical amusement device commonly known as pinball machine or marble machine, which is usually, though not exclusively described as consisting of a table on legs, the table being in the shape of a box with the upper side covered by glass. Inside the box is a surface studded with pins, plugs, buffers, springs and holes and when a ball is released by a plugger on this surface, the ball wends its way from top to bottom and during its journey may fall into one of the numerous holes, or in its course along the surface of said table, may hit many of the springs, pins, plugs, thereby and by means of electrical or other recordings, giving to the player a score or other result from the operation of such machine such as the right to play additional games. Except as otherwise specifically provided herein, the term "mechanical amusement device" shall apply to pinball machines.

(e) "Flipper Type Pinball Machine." Any pinball machine as described in subsection (d) above, which also has, on each side of the playing surface, near the bottom of the incline, a small flipper (mechanical bat) which the player may actuate so as to strike the ball, returning it into the field of play, which ball if not so flipped, proceeds to roll to the bottom of the machine and out of the field of play.

(Prior code § 5610.1; Ord. 992, 08/19/52; Ord. 1550, 11/27/62; Ord. 2349, 02/03/76)

Nothing in this chapter shall be construed to permit the licensing, maintenance, distribution or operation of any mechanical 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 mechanical play device Licensed hereunder in such a manner as to be contrary to any of said laws or ordinances.

Any mechanical play device operated in violation of the terms of this chapter may be seized and held by the Sheriff.

(Prior code § 5610.2; Ord. 992, 08/19/52; Ord. 1211, 03/26/57)

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 investigation and determination. 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 pinball machine. 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 machines are to be maintained and operated.

(d) If an operator's License is desired, the place where the machine or machines are 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 machines 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 device or devices for which Licenses are sought 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 mechanical amusement device to be maintained on his Premises and the number thereof, including the serial number thereof, the manufacturer's name, and such other information as may be required for identification.

The Sheriff shall investigate each Application to determine if the Applicant has a criminal history. 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 mechanical 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 serial number or other information sufficient to identify the pinball machine to be maintained on the Premises.

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

Upon the issuance of the operator's License, the Applicant shall place the serial number upon the side of the body of each pinball machine described in the License. Such number shall be noted upon all copies of the License.

(Prior code § 5610.3; Ord. 992, 08/19/52; Ord. 1211, 03/26/57; Ord. 1512, 04/10/62; Ord. 1550, 11/27/62; Ord. 2042, 04/28/70; Ord. 2730, 05/12/81)

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.

If, during the term of the License, the operator shall substitute a pinball machine for a pinball machine already listed in the License, the operator shall pay a fee of Five Dollars ($5) for each pinball machine substituted. No pinball machine shall be substituted for another pinball machine listed in the License Application until the operator or distributor has first:

(a) Notified the Tax Collector of the proposed substitution on a form provided for that purpose, describing the substituted device; and

(b) Paid the fee for the substitution hereinabove provided.

No approval of a substitution of a pinball machine shall be given unless the Sheriff has investigated said device to determine if it conforms with the provisions of this ordinance, and the Sheriff has signified in writing his approval thereof to the Tax Collector. No other investigation shall be required. The Sheriff shall also insert the number of the new machine upon the operator's License. The approval shall expire on the same date as the License. Substituted machines shall be numbered by the Applicant as provided in Section 5.96.040.

(Prior code § 5610.4; Ord. 992, 08/19/52; Ord. 1512, 04/10/62; Ord. 1550, 11/27/62; Ord. 2042, 04/28/70)

No permit shall be issued to any Applicant relating to any pinball machine which:

(a) For each coin, slug, or token inserted makes available to the player for actual play only one ball or marble, or which permits or is adapted to the insertion of additional coins, slugs, or tokens during the playing of or before the completion of the game for which the original coin, slug, or token was inserted in the device; or

(b) For each coin, slug, or token inserted, or other consideration paid for playing said device, permits more than one game to be played or permits the numbers, odds, or other combinations thereof to be changed from the odds, numbers, or combinations thereof appearing on said machine after the deposit of the coin, or payment of consideration; or

(c) Contains or is connected to any meter or other contrivance registering the number of games played on said device and/or registering the number of free games or additional chances to play said device won by the person or persons playing said device other than free games actually available to persons playing the device.

(Prior code § 5610.5; Ord. 992, 08/19/52; Ord. 1512, 04/10/62; Ord. 2042, 04/28/70)

(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, tournament, league or individual play on any pinball machine; and it shall be unlawful for any Licensee hereunder or any owner or operator of a pinball machine to cause, permit, or allow same.

(b) It shall be unlawful for any person or owner or operator of a pinball machine 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 playground or public or private school of elementary or high school grades.

(c) It shall be unlawful for any person, owner, or operator of a pinball machine to place, maintain, or keep on his Premises any machine which is required to be Licensed under the provisions of this chapter and which machine: (1) is not described in the License; (2) does not have affixed thereon the number required pursuant to Section 5.96.040; or (3) which machine is in violation of any of the provisions of this chapter, including Section 5.96.060.

(Prior code § 5610.6; Ord. 992, 08/19/52; Ord. 1512, 04/10/62; Ord. 1550, 11/27/62; Ord. 2042, 04/28/70)

It shall be unlawful for any minor to operate a pinball machine, except a flipper-type pinball machine, in any manner or for any purpose. It shall be unlawful for the holder of any License or for any person in the employment of such holder to permit any minor to operate a pinball machine other than a flipper-type pinball machine. Evidence that any minor has operated a prohibited type pinball machine in a place of business owned or controlled by the holder of such License shall be sufficient to establish, prima facie, a violation of this chapter by such License. Each holder of an operator's License under this chapter shall at all times keep posted in a conspicuous place in the same room in which any such pinball machine is located, a notice in printed letters not less than one inch (1″) in height, which notice shall be in the following words: "Minors are prohibited by law from operating any pinball machine, except a flipper-type pinball machine, on these Premises."

(Prior code § 5610.7; Ord. 992, 08/19/52; Ord. 1550, 11/27/62; Ord. 2349, 02/03/76)

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 machines authorized to be maintained therein. No License shall be transferable from one person to another, or from one establishment to another.

(Prior code § 5610.8; Ord. 992, 08/19/52)

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 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 to 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, its prior decision or the decision of the Sheriff.

(Prior code § 5610.9; Ord. 992, 08/19/52; Ord. 1211, 03/26/57)

In addition to any other remedy provided by law, any pinball machine or other mechanical device kept, possessed or maintained or operated by a permittee, his employees or agents, in violation of the provisions of this chapter may be seized by any peace officer, and a notice of intention summarily to destroy such machine or device must be posted in a conspicuous place upon the Premises in or upon which such machine or device was seized. Such machine or device shall be held by such officer for a period of thirty (30) days after such posting, and if no action is commenced to recover possession of such machine or device within such time, the same shall be summarily destroyed by such officer, or if such machine or device shall be held by the court, in such action, to be in violation of this chapter, the same shall be summarily destroyed by such officer immediately after the decision of the court has become final.

Any and all money seized in or in connection with such machine or device, shall immediately after such machine or device has been so destroyed, be paid into the treasury of the County and deposited in the general fund.

(Prior code § 5610.10; Ord. 992, 08/19/52; Ord. 1512, 04/10/62)