Upland Municipal Code Ch. 5.16 Vending Machines

As used in this chapter:

"Cigarette vending machine"

means any automatic vending machine used for the sale of cigarettes and matches, and controlled by the insertion of a coin or coins. It shall not include machines or devices used solely for the vending of service, food or confections.

"Juke box"

means any music vending machine, contrivance or device which, upon the insertion of a coin, slug, token, plate, disc, or key into any slot, crevice or other opening or by the payment of any price, operates or may be operated, for the emission of songs, music or similar amusement.

"Mechanical amusement device"

means any machine, which, upon the insertion of a coin, slug, token, plate or disc, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score. It shall include such devices as marble machines, pinball machines, skill ball, mechanical grab machines and all games, operations, or transactions similar thereto under whatever name they may be indicated, including weighing machines.

"Person," "firm," "corporation," or "association"

means and includes the following: Any person who owns any machine; the person in whose place of business any such machine is placed for use by the public; and the person having control over such machine; provided, however, that the payment of such fee by any person enumerated herein shall be deemed a compliance with this section.

(Prior code § 6530.1)

Nothing in this chapter shall in any way be construed to authorize, license or permit any gambling devices whatsoever or any mechanism that has been judicially determined to be a gambling device, or in any way contrary to any future laws of the state of California.

(Prior code § 6530.2)

Any person displaying for public patronage or keeping or operating any cigarette vending machine, juke box, or mechanical amusement device as herein defined in this chapter shall be required to obtain a license from the city upon payment of a license fee. Application for such license shall be made to the license official, upon a form to be supplied for that purpose.

(Prior code § 6530.3)

A. The application for such license shall contain the following information:

1. Name and address of the applicant, age, date and place of birth;

2. Description of machine to be covered by the license, mechanical features, name of manufacturer, serial number;

3. Place where machine or device is to be displayed or operated, and the business conducted at that place;

4. Prior convictions of applicant, if any.

B. No license shall be issued to any applicant unless he shall be over 21 years of age and a citizen of the United States.

(Prior code § 6530.4)

A. Application for license shall be made out in duplicate, one copy being referred to the chief of police and the other copy to the city electrical inspector.

B. The chief of police shall investigate the location wherein it is proposed to operate such machine, ascertain if the applicant is a person of good moral character, and either approve or disapprove the application.

(Prior code § 6530.5)

Every applicant, before being granted a license, shall pay the following annual license fee for the privilege of operating or maintaining for operation each cigarette vending machine, juke box or mechanical amusement device as defined above, as provided in Section 5.04.360.

(Prior code § 6530.6)

A sticker-type decal shall be affixed to the front of each machine. It shall be posted permanently on the machine in the premises wherein the device is to be operated or maintained.

(Prior code § 6530.7)

A. Such license may be transferred from one machine or device to another similar machine upon application to the license official to such effect and the serial number of the new machine or device. Not more than one machine shall be operated under the license and the applicant or licensee shall be required to secure a license for each and every machine displayed and operated by him or her.

B. If the licensee shall move his or her place of business to another location within the city, the license may be transferred to such new location. The new location shall be approved by the chief of police and the city electrical inspector in the same manner as provided herein.

(Prior code § 6530.8)

A. No person shall permit persons under 18 years of age to operate any cigarette vending machine as defined herein.

B. No person holding a license under this chapter shall permit the playing of juke boxes, as defined herein, between the hours of 2:00 a.m. and 6:00 a.m. of any day.

(Prior code § 6530.9)

Every license issued under this chapter is subject to the right, which is expressly reserved to revoke the same, should the licensee, directly or indirectly, permit the operation of any cigarette vending machine, juke box or mechanical amusement device contrary to the provisions of this chapter, municipal code of this city, or the laws of the state of California. The license may be revoked by the city council after written notice to the licensee, which notice shall specify the ordinance or law violations with which the licensee is charged, if after a hearing the licensee is found to be guilty of such violations. Ten days' notice of the hearing shall be given the licensee. At such hearing the licensee and his attorney may be present and submit evidence of witnesses in his or her defense.

(Prior code § 6530.10)

If the chief of police shall have reason to believe any mechanical amusement device is used as gambling device, such machine may be seized by the police and impounded, and if upon trial of the exhibitor for allowing it to be used as a gambling device said exhibitor be found guilty, such machine shall be destroyed by the police.

(Prior code § 6530.11)