San Mateo Municipal Code Ch. 5.70 Amusement Machine Permits

The following definitions shall be applied to terms used in this chapter:

(1) "Amusement machine" is any device, game, or contrivance including, but not limited to, pin ball machines, video games, computer games and electronic games, for which a charge or payment is received for the privilege of playing, using, or operating the same and which, as the result of such use, operation, or playing does not entitle the person using, operating, or playing such device, game, or contrivance to receive the same return in market value in the form of tangible merchandise each time such device, game, or contrivance is used, operated, or played.

(2) "Owner or operator of an amusement machine" means any owner of an amusement machine who operates or permits the same to be played or operated in his or her place of business or in any place under his or her control or who installs or maintains the same in any place where the same can be played or operated by persons in or about such place, or any person in whose place of business any such amusement machine is placed for the use, amusement, patronage, or recreations of the public or of persons in or about such place.

Ord. 1984-5 §§ 128, 129, 1984

It is unlawful for any person to install, operate or maintain to be operated any amusement machine in the City without first having obtained a permit in writing to do so from the Tax Collector.

Application for such a permit under this chapter shall be made to the bureau, upon a form furnished by the City, and shall contain the following information and statements instead of that required in Section 5.15.010:

(1) Name of the applicant;

(2) Place where the amusement machine is to be placed, maintained, or operated, and, if the mechanical amusement machine is to be placed, maintained, or operated in connection with any other business or calling, the character of the business or calling;

(3) The name of the owner of the location where the machine is to be placed, maintained, or operated;

(4) A complete description of the type of amusement machine and the manner in which it is to be placed, maintained, or operated;

(5) Statement whether the machine is wired for electricity;

(6) The total number of amusement machines to be placed, maintained, or operated at the location for which the permit is required;

(7) A statement that the amusement machine for which a permit is sought is not intended to be, and will not be permitted to be, used for any gambling purpose whatsoever.

Each application shall be accompanied by the applicable permit fee.

No permit for an amusement machine shall be issued until the Tax Collector ensures that the machine's location complies with all applicable provisions of chapter 27.65, and any permits required thereunder have been issued.

Each holder of an amusement machine permit under this chapter, shall pay at the office of the Tax Collector for each separate amusement machine that the permit authorizes, a fee payable annually in advance, on July first of each year, as follows:

(1) Each amusement machine operated solely to supply music and operated by a coin or token, the sum of fifteen dollars per year;

(2) All other amusement machines operated by a coin or token representing one cent, the sum of thirty dollars per year;

(3) All other amusement machines, operated by a coin or token representing more than one cent, the sum of one hundred dollars per year.

No award, payoff, or delivery of anything of value, shall be made in any contest, tournament, league, or individual play on any amusement machine; and it is unlawful for any owner or operator of amusement machine to cause, permit, or allow same.

Nothing in this chapter contained shall be construed to permit the licensing, maintenance 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 City, nor to permit the operation of any mechanical play device licensed hereunder in such a manner as to be contrary to any of such laws or ordinances.

The bureau shall cause to be placed on each and every machine permitted hereunder, a seal of issuance which shall show the permit number, and the date of expiration of the permit, and the serial or identification number of the machine, in addition to whatever additional information may be deemed necessary. Such seal of issuance shall be affixed in a conspicuous place on the machine for which the permit was issued and shall remain thereon until a new or different seal of issuance is issued therefor. No seal of issuance shall be transferable to any person or from one machine to another.