Santa Paula Municipal Code Ch. 112 Amusement Devices and Vending Machines

Section

Cross-reference:

Amusement arcades, see Ch. 16.56

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

AMUSEMENT CENTER OR ARCADE. Any business, store or location, with the exception of bowling alleys or pool halls, in which more than three amusement devices are placed, whether or not the operation of the devices is primary or accessory to the business, store or location. A bowling alley or pool hall shall be considered an amusement center or arcade if more than 10 amusement devices are in the location, or more than three amusement devices if more than 50% of the public floor area is devoted to amusement devices.

AMUSEMENT DEVICE. Any electrically or mechanically operated instrument, machine, device or equipment which is activated, operated or used by means of any payment, or by means of inserting a coin, token, slug or other device into a slot or receptacle and may be operated by the public for use as a game, entertainment or amusement whether or not skill is involved. The common intent of such devices is to register the best possible point score. It shall include, but not be limited to, such devices as electronic or mechanical game machines, video games, pinball machines, skill ball, bowling machines, electronic sports machines, or other similar type machines, regardless of their name.

OTHER AMUSEMENT DEVICES. A coin or token operated machine or device, not including amusement games, which provide a ride, electronic reading or weight, lamination, music, or devices designed exclusively for use by children under 10 years of age such as riding machines. Also included in this category are coin-operated pool tables.

PERSON or OWNER. Any person, licensee, firm, partnership, corporation or association which owns any amusement device or is responsible for the placement or distribution of such devices within the city.

VENDING MACHINES. Any machines that dispense goods, wares or merchandise such as cigarettes, sodas, food, and the like.

('81 Code, § 5.08.010) (Ord. 778, passed - -82)

No person shall keep, operate or maintain for public use or operation within the city any machine or device, as described in § 112.01 of this chapter, without first obtaining from the city a license therefor and paying the license fee provided in this chapter.

('81 Code, § 5.08.020) (Ord. 778, passed - -82) Penalty, see § 112.99

Every person desiring a license pursuant to § 112.02 shall file a written application with the License Collector on a form prepared by the License Collector. The application shall include, but not be limited to, the name and address of the applicant, who will be responsible for complying with the provisions of this code, the number of machines and the location, name and address where the machines are to be located, and a brief description of the type of machine.

('81 Code, § 5.08.030) (Ord. 778, passed - -82)

(A) Amusement device. The licensee shall pay a license fee in the amount equal to one percent of gross revenues derived from all amusement devices the licensee maintains within the city. The license fee shall be in an amount to be established by resolution of the City Council.

(B) Amusement arcade. An operator of an arcade, of which more than 50% of the public floor is devoted to amusement devices, shall pay a license fee equal to 1% of the gross revenues derived from the total business operation. The license fee shall be in an amount to be established by resolution of the City Council.

(C) Other amusement devices and vending machines. The license fee shall be based upon the gross-receipts schedule listed in § 110.62 of this title except for vending machines, where the limitation imposed by Cal. Bus. & Prof. Code § 16002.5 shall apply when calculating gross receipts.

('81 Code, § 5.08.040) (Ord. 778, passed - -82; Ord. 871, passed - -86)

Each licensee shall post or keep in a visible position at all times, on each machine or device so licensed, the license permit provided by the city.

('81 Code, § 5.08.050) (Ord. 778, passed - -82) Penalty, see § 112.99

(A) An amusement device, other amusement device or vending machine may be substituted by a licensee for another similar-type machine or device under his license within the same location. Notification must be given to the License Collector for any transfer of location of machine.

(B) No license or permit shall be transferred or assigned to another owner, person or operator.

('81 Code, § 5.08.060) (Ord. 778, passed - -82) Penalty, see § 112.99

All licenses shall be issued for a period not to exceed one year and shall expire on December 31 of each year.

('81 Code, § 5.08.070) (Ord. 778, passed - -82)

Every distributor or owner of an amusement device, other amusement device or vending machine shall post on the machine or device his name and address in a place where it may be seen by anyone using the machine or device.

('81 Code, § 5.08.080) (Ord. 778, passed - -82) Penalty, see § 112.99

Any machine or device subject to a business license under this chapter and maintained in the city without a license is subject to confiscation by the city. Confiscation of the machine or device will occur only after reasonable notification of violation to the owner or operator. If the owner or operator reclaims the confiscated machine or device, he shall pay the city the actual cost incurred in confiscation.

('81 Code, § 5.08.090(B)) (Ord. 778, passed - -82)

Any person in violation of any section of this chapter shall be subject to the general penalties as listed in Chapter 13 of this code.

('81 Code, § 5.08.090(A)) (Ord. 778, passed - -82)