Sonora Municipal Code § 5.08 Mechanical Amusement Devices

For the purpose of this chapter, a "mechanical amusement device" means any machine, device, or contrivance designed, constructed and operated for the playing of any game or contest or the exhibiting of any display or picture for amusement, (devices for music only are excepted) the use, operation or playing of which machine, apparatus, device or contrivance is dependent upon or is commenced, permitted or allowed by the deposit of any coin, slug or token, in any slot or receptacle attached thereto or connected therewith.

(Ord. 564 § 1 (part), 1982: Ord. 216 § 1.)

It is unlawful for any person, firm or corporation to operate, maintain or to permit to be operated or maintained in any place of business or premises open to the public and under his, her or its control, any mechanical amusement device, as hereinbefore defined, without having first applied to the city council and having received from the city council a permit for a license therefor. Upon the granting of such permit by the city council, a license may be issued to the applicant upon a form to be provided by the city clerk. The city council may refuse to grant a permit for a license to any person or persons, or for the operation of such mechanical device in any place, whenever the city council may believe that the public welfare may make the refusal of such permit proper.

(Ord. 564 § 1 (part), 1982: Ord. 216 § 2.)

The city council may revoke any license issued under this chapter, after a public hearing. Written notice of the time and place of such hearing shall be given to the holder of such license not less than five days prior to the date fixed by the city council for such hearings. Evidence shall be sufficient to warrant the revocation of such license, if such evidence shall cause said city council to believe that the holder of such license has violated some provision of this chapter.

(Ord. 564 § 1 (part), 1982: Ord. 216 § 3.)

Every person, firm or corporation, who or which maintains or operates, or permits the maintenance or operation of any mechanical amusement device hereinbefore mentioned, shall pay, monthly, a license fee equal to one percent of the gross receipts of each such mechanical amusement device. Each licensee shall, upon demand, provide the city with a copy of the State Sales and Use Tax returns filed relative to such machines and shall, upon demand, submit for audit the books and records of receipts for each such device or machine and provide copies of any other tax statement filed with any government entity by such licensee or firm owning, renting, leasing, or operating such machines disclosing the gross receipts received from owning, renting, leasing, or operating such machines or devices.

(Ord. 564 § 1 (part), 1982: Ord. 216 § 4.)

It is unlawful for the holder of any license issued under this chapter to use or permit the use of such device for any purpose or in connection with any purpose which constitutes a violation of law.

(Ord. 564 § 1 (part), 1982: Ord. 216 § 5.)

Any holder of such license who uses or permits the use of such device for any such unlawful purpose or in connection with such unlawful purpose, or in violation of any provision of this chapter shall forfeit such license and all license fees paid by such holder to the city.

(Ord. 564 § 1 (part), 1982: Ord. 216 § 6.)

Every violation of the provisions of this chapter shall be a misdemeanor and, if the offense be a continuing one, from day to day, shall constitute a new violation for each calendar day on which such violation may occur or continue. Every such violation shall be punishable by fine not exceeding three hundred dollars nor less than fifty dollars, or by imprisonment for a period not exceeding sixty days, or by both such fine and imprisonment. No sentence imposed for a violation of this chapter shall be suspended.

(Ord. 564 § 1 (part), 1982: Ord. 216 § 7.)