Willits Municipal Code Ch. 5.20 Mechanical Amusement

Footnotes:

--- (4) ---

* For violations of the provisions of this chapter, see Ch. 1.12 of this code.

No person, firm or corporation shall engage in the business of distribution in the city of any mechanical amusement device defined in this section, or engage in the business of maintaining a place where any pinball machine, or any one-ball device that can be operated by a single throw or movement, for use by the public, the operation of which is made possible by the depositing of any coin, plate, disc, slug or key into any slot, crevice or other opening or by the payment of any fee or fees, without first having obtained from the chief of police a permit so to do, and without first having made payment of a permit fee established by resolution of the city council. Such applicant shall pay to the city clerk said permit fee, and said city clerk shall forthwith refer said application to the chief of police of said city. Before issuing such permit the chief of police shall make a full and complete investigation of the applicant requesting such permit, including taking fingerprints of said applicant. Such permit may be granted or denied in the discretion of said chief of police, and shall be revocable by said city council at any time for any cause which said council may deem reasonable. In case of revocation of such permit, all licenses theretofore issued pursuant to such permit shall be void; and all licenses issued under Section 5.20.020 must be accepted by the respective licensees accordingly.

(Ord. 85-16 §2; Ord. 61-7 §1(a)).

In addition to any other business license fee required by the city, and in addition to the permit fee required in Section 5.20.010, no person, firm or corporation shall engage in the business of distribution in the city of any mechanical amusement device defined in Section 5.20.010 or engage in the business of maintaining a place where any mechanical amusement device defined in Section 5.20.010 is displayed or offered for use by the public, without first having obtained a license from said city clerk and upon payment of a license fee. In compliance with the terms of any permit issued under Section 5.20.010, the city clerk shall issue a license showing the name of the permittee, the address at which the mechanical amusement device is to be operated, the serial number of the permit, the expiration date of the license, and sufficient description of the particular device, including its serial number, to identify it. The operator of any such mechanical amusement device shall keep such license continuously attached to said device and in a position where it is conspicuous and readily visible to any person operating the device. A license fee established by resolution of the city council, payable monthly in advance, shall be paid to the city clerk for each such mechanical amusement device, and payment of the license fee by either the owner, distributor, or any person having control of said device shall be deemed compliance with this section.

(Ord. 85-16 §3; Ord. 61-7 §1(b)).

In its sole discretion, the city council may waive all or any part of any license fees provided for under Section 5.20.020 of this code upon receipt of an application in writing from the owner or operator of premises where mechanical amusement devices are offered for use by the public, showing that the device or devices for which waiver of license fees is requested are:

A. Utilized primarily by high school students and other young persons under twenty-three years of age;

B. Not located on premises where alcoholic beverages are served; and

C. Operated in such a manner as to provide wholesome entertainment for young persons.

Any waiver of license fees granted by the city council pursuant to this section shall be for a period of not more than one year and may be retroactive in force.

(Ord. 80-6 §1).

No person, firm or corporation shall engage in the business of distribution in the city of any sound or music device defined in this section, or engage in the business of maintaining a place wherein there is operated any amusement machine, device or apparatus designed or constructed for the producing or reproducing or playing of any sounds or any musical tone or tones, and the use of playing of such machine, device or apparatus is permitted or allowed by the depositing of any coin, plate, disc, slug or key into any slot, crevice or other opening or by the payment of any fee or fees, without first having obtained from the chief of police a permit so to do, and without first having made payment of a permit fee in the sum of one hundred dollars. Such applicant shall pay to the city clerk said permit fee, and said city clerk shall forthwith refer said application to the chief of police. Before issuing such permit the chief of police shall make a full and complete investigation of the applicant requesting such permit. Such permit may be granted or denied in the discretion of said chief of police, and shall be revocable by the city council at any time for any cause which said council may deem reasonable. In case of revocation of such permit, all licenses theretofore issued under Section 5.20.040 must be accepted by the respective licensees accordingly.

(Ord. 61-7 §2(a)).

In addition to any other business license fee required by the city, and in addition to the permit fee required by Section 5.20.030, no person, firm or corporation shall engage in the business of distribution in the city of any music device defined in this section, or engage in the business of maintaining a place wherein there is operated any sound or music device defined in Section 5.20.030 is displayed or offered for use by the public, without first having obtained a license from the city clerk and upon payment of the license fee. In compliance with the terms of any permit issued under Section 5.20.030, the city clerk shall issue a license showing the name of the permittee, the address at which the sound or music device is to be operated, the serial number of the permit, the expiration date of the license, and sufficient description of the particular device, including its serial number, to identify it. The operator of any such sound or music device defined in this section shall keep such license continuously attached to said device and in a position where it is conspicuous and readily visible to any person operating the device. A license fee of twelve dollars per year, payable monthly in advance, shall be paid to the city clerk for each such sound or music device, and payment of the license fee by either the owner, distributor, or any person having control of said device shall be deemed compliance with this section.

(Ord. 61-7 §2(b)).

For all other mechanically operated amusement devices, no person, firm or corporation shall engage in the distribution in the city, or engage in the business of maintaining a place where any mechanically operated amusement device other than those defined in Sections 5.20.010 is operated, the use of which device is permitted or allowed by the depositing of any coin, plate, disc, slug or key into any slot, crevice or other opening or by the payment of any fee or fees, without first having obtained from the chief of police a permit so to do, and without first having made payment of a permit fee established by resolution of the city council. Such applicant shall pay to the city clerk of said permit fee, and said city clerk shall forthwith refer said application to the chief of police. Before issuing such permit, the chief of police shall make a full and complete investigation of the applicant requesting such permit. Such permit may be granted or denied in the discretion of said chief of police, and shall be revocable by the city council at any time for any cause which said council may deem reasonable, and in case of revocation of such permit, all licenses theretofore issued under Section 5.20.060 must be accepted by the respective licensees accordingly.

(Ord. 85-16 §5; Ord. 61-7 §3(a)).

In addition to any other business license fee required by the city, and in addition to the permit fee required by Section 5.20.050, no person, firm or corporation shall engage in the business of distribution in the city or engage in the business of maintaining a place where there is operated any mechanically operated amusement device defined in Section 5.20.050, displayed or offered for use by the public without first having obtained a license from the city clerk and upon payment of the license fee. In compliance with the terms of any permit issued under Section 5.20.050, the city clerk shall issue a license showing the name of the permittee, the address at which the device is to be operated, the serial number of the permit, the expiration date of the license, and sufficient description of the particular device, including its serial number, to identify it. The operator of any such device defined in this section shall keep such license continuously attached to said device and in a position where it is conspicuous and readily visible to any person operating the device. A license fee established by resolution of the city council, payable monthly in advance, shall be paid to the city clerk for each such device licensed under this section, and payment of the license fee by either the owner, distributor, or any person having control of said device shall be deemed compliance with this section.

(Ord. 85-16 §6; Ord. 61-7 §3(b)).

Permittees and licensees receiving permits or licenses for operation of mechanical devices under this chapter agree, as a condition for the issuance of permits and licenses, that each machine, device or apparatus permitted or licensed is to be operated for amusement purposes only and is not to be operated in violation of any state or federal law or any ordinance of the city, and the penalties set forth in Section 5.20.080 may be invoked for any such violation.

(Ord. 61-7 §4(a)).

Permits and licenses issued under the provisions of this chapter shall not be transferable except by authorization of the city council, and any attempted transfer without such authorization shall render invalid the permit or license involved. Any such unauthorized transfer of a permit or license, or failure to notify the city clerk or chief of police of the installation, exchange or removal of any mechanical amusement device defined in this chapter is a violation and subject to the penalties set forth in Sections 5.20.100 and 5.20.110.

(Ord. 61-7 §4(b)).

The chief of police shall report monthly in writing to the city council all necessary information pertaining to issuance or denial of permits during the month preceding submission of such report.

(Ord. 61-7 §4(c)).

Any mechanical amusement device which the city council deems to be operated or maintained in violation of any state or federal law, or of this or any other ordinance of the city, or any conditions upon which a permit or license is granted under this chapter shall be impounded by the chief of police, and if any court of competent jurisdiction determines that said device, or the use or operation thereof, violates or has violated any of such laws or ordinances, applications, conditions, or orders, said mechanical amusement device shall, by order of the city council, be confiscated by the chief of police.

(Ord. 61-7 §5(a)).

Upon receipt of an application for any permit required under this chapter, the police chief may in his discretion waive any requirement for full investigation and fingerprinting of any applicant.

(Ord. 81-4 §1).

For the purpose of this chapter, the words and phrases as set out as follows shall have the meanings ascribed to them in this section:

A. "Mechanical amusement device" means and includes any video game, pinball machine, football game, or any other machine, apparatus or device which is adapted, or may readily be converted into one that is adapted for use in such a way that, as a result of the insertion or deposit of a piece of money, coin, slug, key, plate, disc or other object, or by any other means, such machine or device can be operated or may be operated for the purpose of playing a game of skill, regardless of whether the machine, apparatus or device affords the opportunity of additional chances, plays or free games.

B. "Sound" or "music device" means and includes any coin-operated music box, auto-piano, juke box, music machine, or any other machine, apparatus or device which produces, reproduces, plays or transmits any sound, music or musical tone, as a result of the insertion or deposit of any piece of money, coin, slug, key, plate, disc or other object into any slot, crevice, or other opening, or by the payment of any fee or fees for the purpose of causing said music or sound device to operate or produce said sounds.

(Ord. 85-16 §6).